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Hidden Camera In The Classroom

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What is the name of your state (only U.S. law)? New York
My wife is the Special Education teacher in an inclusion class. The class has a General Education teacher, Special Education teacher and asistant. Without going into all of the details the other teacher and assistant have been undermining my wife in the classroom. My wife has gone to the Principal and Union rep. but the school is under an audit by the state and there is much chaos. The Principal and Union rep keep telling my wife to just work it. Recently a parent reported to the Principal that her child told her that the teachers were arguing in the classroom. The Principal is taking the position that both teachers are at fault and plans to give a poor evaluation to both teachers. I think this is extremely unfair to my wife since she has had an impeccable record for the past 20 years. She is at the point of wanting to put a hidden camera in the classroom to record the behavior of the other teacher and assistant to show how they are deliberately undermining her and interfering with her class instruction. What are the risks of putting a hidden camera in the classroom for this purpose?
 


Mass_Shyster

Senior Member
What are the risks?

If I found out that my child's teacher was violating the privacy rights of my child, I would demand his or her immediate termination.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? New York
My wife is the Special Education teacher in an inclusion class. The class has a General Education teacher, Special Education teacher and asistant. Without going into all of the details the other teacher and assistant have been undermining my wife in the classroom. My wife has gone to the Principal and Union rep. but the school is under an audit by the state and there is much chaos. The Principal and Union rep keep telling my wife to just work it. Recently a parent reported to the Principal that her child told her that the teachers were arguing in the classroom. The Principal is taking the position that both teachers are at fault and plans to give a poor evaluation to both teachers. I think this is extremely unfair to my wife since she has had an impeccable record for the past 20 years. She is at the point of wanting to put a hidden camera in the classroom to record the behavior of the other teacher and assistant to show how they are deliberately undermining her and interfering with her class instruction. What are the risks of putting a hidden camera in the classroom for this purpose?
There are many issues that are wrong with this. Anyone she tapes other than the other teacher would need to give their permission. She couldn't tape conversations between students. She could find herself being fired for this behavior, suspended or otherwise disciplined. She could also find herself being sued.
 
Recently there was a story about a father putting a tape recorder on his child to recorder the teachers verbally abusing the boy. Would the teacher and parents of the other children be able to sue the father?
 

cbg

I'm a Northern Girl
Depending on state law in the state where it occured, quite possibly.
 

Proseguru

Member
Your wife is free to seek out employment elsewhere. She has been a teacher for 20 years in NY? Must be proud of the childrens' performance on standardized testing. I think NY beat out Mississippi ! Congrats ! Public union workers....uuugh
 

Ohiogal

Queen Bee
Recently there was a story about a father putting a tape recorder on his child to recorder the teachers verbally abusing the boy. Would the teacher and parents of the other children be able to sue the father?
Yes the parents would be able to. Whether the teacher would be able to successfully sue or not depends on whether the teacher has an expectation of privacy at her work.
 

parkersharon32

Junior Member
You are thinking a way too far and slightly illegal too. If your places a hidden camera then it would lead to risks of facing harsh results.
 

lmfny

Junior Member
Where does everybody get this idea that you have a right to privacy in a public place like a classroom? That is simply not true. The standard for videotaping or photographing people is very simple -- do they have a "reasonable expectation of privacy". If someone is in a place where they would reasonably expect privacy, like a bathroom or a dressing room, then they generally cannot be photographed or videotaped. But if they are in a public place, like a classroom or a car, then they can be photographed or videotaped. A person's consent is only needed to publish their images, not to photograph them in the first place. Look around you people, you are being photographed and videotaped almost every where you go (in stores, on the streets, etc.) and nobody has asked you for permission to do so.
 

lmfny

Junior Member
Let me make one correction to my post above. This answer applies only to images. Since videotapes can also record sound, there are possible implications under the federal wiretap laws and state laws regarding consent to recorded conversations (although state law wouldn't be an issue in New York since the consent of only one party to a conversation is required). This is why closed circuit security cameras in stores and other public areas don't record sound. And, of course, the school district itself probably has a policy regarding cameras in the classroom, so she should make sure she doesn't violate any district policies.
 

CSO286

Senior Member
Where does everybody get this idea that you have a right to privacy in a public place like a classroom? That is simply not true. The standard for videotaping or photographing people is very simple -- do they have a "reasonable expectation of privacy". If someone is in a place where they would reasonably expect privacy, like a bathroom or a dressing room, then they generally cannot be photographed or videotaped. But if they are in a public place, like a classroom or a car, then they can be photographed or videotaped. A person's consent is only needed to publish their images, not to photograph them in the first place. Look around you people, you are being photographed and videotaped almost every where you go (in stores, on the streets, etc.) and nobody has asked you for permission to do so.

Let me make one correction to my post above. This answer applies only to images. Since videotapes can also record sound, there are possible implications under the federal wiretap laws and state laws regarding consent to recorded conversations (although state law wouldn't be an issue in New York since the consent of only one party to a conversation is required). This is why closed circuit security cameras in stores and other public areas don't record sound. And, of course, the school district itself probably has a policy regarding cameras in the classroom, so she should make sure she doesn't violate any district policies.

Why did you create an account simply to respons to a thread that is six months old???

We frown on necroposting here.
 

Antigone*

Senior Member
Let me make one correction to my post above. This answer applies only to images. Since videotapes can also record sound, there are possible implications under the federal wiretap laws and state laws regarding consent to recorded conversations (although state law wouldn't be an issue in New York since the consent of only one party to a conversation is required). This is why closed circuit security cameras in stores and other public areas don't record sound. And, of course, the school district itself probably has a policy regarding cameras in the classroom, so she should make sure she doesn't violate any district policies.
Why on earth are you bringing to light this dead thread with you wrong answers???
 

lmfny

Junior Member
Because the answers given previously are wrong, and I am tired of students printing it out and bringing it to me as proof that I cannot videotape them. The general public, and apparently even many attorneys, are under the false impression that a right to privacy exists in a public place, and it simply doesn't. I am a teacher and a former attorney and I have litigated this very issue (and prevailed on a summary judgment motion). There simply is no right to privacy in a public place.
 

lmfny

Junior Member
Of course I can prove I'm an attorney. Why would I lie about that? I guess everyone else who posted advice on this thread isn't. Maybe that's why the advice was wrong.
 

Zigner

Senior Member, Non-Attorney
A person's consent is only needed to publish their images, not to photograph them in the first place.
Why do you think the OP's wife was contemplating recording in the first place?
I'll wait...
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That's right! To show (ie: publish) the video to others. So, by your reasoning, your post is wrong with respect to the topic at hand.
 

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