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  1. #1
    worriedmom2010 is offline Junior Member
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    Question What is the Ohio Law for Audio Recording Someone Without Their Knowledge?

    What is the name of your state (only U.S. law)? Ohio

    My question is similar, yet different, to the previous question asked. I didn't want to dominate his thread with my question, so I started a new one. My situation is this: My son is in first grade. He's told me that his teacher yells a lot and is sometimes mean (I'm often given examples of this). We've already been to the principal twice who's then "talked" with the teacher. After talking to a couple of other mothers who've heard/feel the same way, I also discovered that this same treatment has been going on for approx. 20 yrs. or more. I feel that the situation isn't going to change and I'd like to get proof. Is it legal in the state of Ohio to send a recording device in with him without the teacher's knowledge? It's my understanding that as long as one party is aware of it...do I tell my son to make it legal, or is this not legal at all because I'm a third party? I also read that it's legal in a public place where they would not have reasonable privacy..does a public school count as such? Thank you in advance for your response.
  2. #2
    BOR
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    [url=http://codes.ohio.gov/orc/2933.52]Lawriter - ORC - 2933.52 Interception of wire, oral or electronic communications.[/url]
  3. #3
    bobbybats is offline Member
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    looks to me your in the clear for your son to record what the teacher is saying ... as it should be
  4. #4
    Silverplum is offline Senior Member
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    Homeschool Lil Precious. The "other mothers" will be glad to join you.

    THAT'S the only way to make sure he is never yelled at or exposed to anyone unpleasant.

    Quote Originally Posted by worriedmom2010 View Post
    What is the name of your state (only U.S. law)? Ohio

    My question is similar, yet different, to the previous question asked. I didn't want to dominate his thread with my question, so I started a new one. My situation is this: My son is in first grade. He's told me that his teacher yells a lot and is sometimes mean (I'm often given examples of this). We've already been to the principal twice who's then "talked" with the teacher. After talking to a couple of other mothers who've heard/feel the same way, I also discovered that this same treatment has been going on for approx. 20 yrs. or more. I feel that the situation isn't going to change and I'd like to get proof. Is it legal in the state of Ohio to send a recording device in with him without the teacher's knowledge? It's my understanding that as long as one party is aware of it...do I tell my son to make it legal, or is this not legal at all because I'm a third party? I also read that it's legal in a public place where they would not have reasonable privacy..does a public school count as such? Thank you in advance for your response.
  5. #5
    Blue Meanie is offline Senior Member
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    Does anyone else find it rather repugnant that this mother would have her SIX year old record not only the teacher but any other conversation that happens in the class?
  6. #6
    BOR
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    Quote Originally Posted by Blue Meanie View Post
    Does anyone else find it rather repugnant that this mother would have her SIX year old record not only the teacher but any other conversation that happens in the class?
    The actual state of the law is not always limited to practical application.
  7. #7
    Hot Topic is offline Senior Member
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    My suspicion here is that the little darling has been causing some problems in class, the teacher has corrected little darling and little darling has run to mommy.

    The statement that the OP has talked to a "couple" of other mothers who've "heard/feel the same way" is hardly a stunning indictment of the teacher. I note that no source is named for the claim that "this same treatment" has been going on for 20 years or more.
  8. #8
    worriedmom2010 is offline Junior Member
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    I'm not asking anyone to be judge and jury here. I simply asked what the law was. I didn't know the entire story was needed for me to find out the actual law and where it stands. Hot Topic, NO, your suspicion is DEAD wrong. My son is very shy and one of the most sweetest kids you would ever meet. If you must know...it took me a long time to finally get him to talk to me about what was going on in class. He had trouble getting to sleep at night...was near midnight EVERY school night. The fact that I found out this has been going on for 20 years or more...I've talked to a few people that have either had this teacher or heard the "talk" around the school about her in the past. But does any of this matter when it all comes down to what the law is? It's not a situation of a bratty kid...nor does it matter if it HAS been going on (other than to all the poor kids that have had to deal with a low self esteem afterwards) for 20 years...what matters is the legal standpoint.

    BOR, bobbybats, and Silverplum..thank you for your replies. I appreciate an answer without being judged first.
    Last edited by worriedmom2010; 04-13-2010 at 10:48 PM.
  9. #9
    cbg
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    Okay, so you record the teacher being mean to your kid and you take the recording to the principal. The school district has apparently been just fine with the way the teacher is behaving for the last 20 years. What action do you expect them to take? Do you really think a tape recording is going to cause them to take any action against a teacher who, after 20 years, is almost certainly tenured?
  10. #10
    DAD10 is offline Registered User
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    Its creepy and abnormal to put that burden on a child.
    Try communicating your issues/concerns with school admin. directly.
  11. #11
    bobbybats is offline Member
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    Quote Originally Posted by Blue Meanie View Post
    Does anyone else find it rather repugnant that this mother would have her SIX year old record not only the teacher but any other conversation that happens in the class?
    no? what kind of intimate conversations you think its going to capture in a SIX year old's class room ?

    maybe the kid wants to prove the teacher really is being out of line, why not listen to a few of her days of teaching to find out whats really being said
    Last edited by m martin; 04-14-2010 at 11:48 AM.
  12. #12
    bobbybats is offline Member
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    Quote Originally Posted by Blue Meanie View Post
    Does anyone else find it rather repugnant that this mother would have her SIX year old record not only the teacher but any other conversation that happens in the class?
    exactly what kind of intimate conversations you think SIX year olds are having in class ?
  13. #13
    Ohiogal is offline Senior Member
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    Quote Originally Posted by bobbybats View Post
    looks to me your in the clear for your son to record what the teacher is saying ... as it should be
    Actually you are completely wrong per the law. A child cannot consent to recording. A school is NOT a public place for purposes of tape recording as there is a reasonable expectation of privacy. Also all of the other children would also have to give consent because if the teacher is NOT involved in DIRECT conversation with OP's child (even if the child did consent) then that is an illegal recording.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  14. #14
    Ohiogal is offline Senior Member
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    Quote Originally Posted by bobbybats View Post
    exactly what kind of intimate conversations you think SIX year olds are having in class ?
    Recording conversations that other children have is against the law.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  15. #15
    bobbybats is offline Member
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    Quote Originally Posted by Ohiogal View Post
    Recording conversations that other children have is against the law.
    proof that a child cannot record what they hear in the class room = .... ?

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