Parental Right to View Video of Assault on their Son?

[imachristian13]

In Maryland - Last week, our son was physically assaulted by another student during the school day. We have been informed that the incident was clearly shown on the school's surveillance system - they had viewed it in order to verify the details of the event. However, we were told that we are not permitted to view this footage due to school policy and/or student privacy concerns. We do not believe that this is accurate as it should fall under "public record" via FERPA (per discussions we have had; not based on verified data - that's why we're here).

 

[I'mTheFather]

FERPA has to do with the protection of students' privacy rights. I'm quite sure FERPA makes no exception for those outside of an investigation to view a video of that sort.

Why do you want to see the video?


ETA: Oh, I just noticed the "public record" part. I can't think of any situation in which the video would be considered public record.

 

[CdwJava]

If you need the video as evidence for a civil suit as a result of injuries your son suffered and was treated form, then you should speak to an attorney ASAP who can subpoena the video or at least have them preserve it while they contest it. If you wish to report this as a crime to the police (if they have not already been notified) then THEY can seek the video as evidence should it be necessary.

But, the school is correct in that you have no right to see the video and it is not considered to be a publicly accessible record.

 

[imachristian13]

Added thoughts

Here is the pasting that a friend sent me (she said its from some ACLU page somewhere).

B. THE SCHOOL'S USE OF TECHNOLOGY TO MONITOR STUDENTS

Schools are permitted to use technology to promote safety on school grounds. In doing so, schools must respect student privacy.

SURVEILLANCE CAMERAS

Generally, schools are allowed to watch and record students with video cameras while they are in common areas at school or on the bus. Schools cannot, however, record the audio of your private conversation without your consent.

And video cameras cannot be put everywhere. Students have a right to more privacy in certain areas of school, such as a locker room or nurse's offi ce, where someone could be undressing. It is not okay for a school to videotape you in such places.

Remember, a school is not required to obtain your permission before videotaping you if the video does not include the sounds of private conversations.

The video captured from school surveillance cameras is considered a "public record." It does not have to be kept private, and under the state's Public Disclosure Act, the school must provide the tapes to anyone who requests them.

THIS is apparently inaccurate.

We want to see it because we do not believe we are getting the full story from the school. Our son is autistic and his stories were inconsistent. Knowing his tendencies, we feel like something is missing. We would like to see the footage in order to help determine if charges are warranted or perhaps deeper discussions with the district.

Thanks for the added assistance.

 

[CdwJava]

There is a great deal of confusion over the term, "public record." Virtually anything held or produced by a government entity is a"public record." That does NOT mean that it is immediately available for review upon request. A great many public records are NOT readily available to the general public - juvenile criminal history records, student academic and discipline records, medical records (usually from state mental health agencies), and criminal investigative files, just to name a few. These are all "public records" but they are not generally available absent a court order or a specific process.

So, while the video surveillance may be a public record, it can only be reviewed under certain circumstances - which could include permission of the school. However, I doubt that most schools will allow parental review of a video for a number of reasons - not the least of which is the students' rights.

If the matter is potentially criminal and you feel charges might be warranted, let the police know and THEY can look into the matter. Your viewing the video won't chance whether it is criminal or not. Unless your son was injured in the assault, the chances are the school has more weight to toss around than the state would.

 

[quincy]

Here is the pasting that a friend sent me (she said its from some ACLU page somewhere).

B. THE SCHOOL'S USE OF TECHNOLOGY TO MONITOR STUDENTS

Schools are permitted to use technology to promote safety on school grounds. In doing so, schools must respect student privacy.

SURVEILLANCE CAMERAS

Generally, schools are allowed to watch and record students with video cameras while they are in common areas at school or on the bus. Schools cannot, however, record the audio of your private conversation without your consent.

And video cameras cannot be put everywhere. Students have a right to more privacy in certain areas of school, such as a locker room or nurse's offi ce, where someone could be undressing. It is not okay for a school to videotape you in such places.

Remember, a school is not required to obtain your permission before videotaping you if the video does not include the sounds of private conversations.

The video captured from school surveillance cameras is considered a "public record." It does not have to be kept private, and under the state's Public Disclosure Act, the school must provide the tapes to anyone who requests them.

THIS is apparently inaccurate.

We want to see it because we do not believe we are getting the full story from the school. Our son is autistic and his stories were inconsistent. Knowing his tendencies, we feel like something is missing. We would like to see the footage in order to help determine if charges are warranted or perhaps deeper discussions with the district.

Thanks for the added assistance.

Here is a link to the Maryland Attorney General's website page with access to Maryland's Public Information Act: https://www.oag.state.md.us/Opengov/pia.htm

And here is a link to Chapter 3 of the Act, Exceptions to Disclosure: https://www.oag.state.md.us/Opengov/Chapter3.pdf

You should hire an attorney if you believe you are not getting the full story from the school about what happened between your son and the other student.

Good luck.

 

[stealth2]

You would be wise to read the links provided by quincy (actually accurate information) instead of relying on a friend's snippets from "some" ACLU site (one which is clearly opinion/interpretation, rather than legal info). Otherwise, you should speak with an attorney and the police.

p.s. the police will likely not allow youto view the video, either. (I'm sure I'll be corrected if I'm mistaken.)

 

[CdwJava]

Correct. It is unlikely that the police would show the video, either.

 

[I'mTheFather]

I'm going to backpedal a little after doing a little research, though it doesn't change any of the advice given.

I found the source of the snippet. It came from the Washington State ACLU. In Washington, case law does make the video public record (Lindeman v Kelso School District No 458). So, at least in one state, and probably others, the video is considered public record and will not fall under the protection of FERPA without extenuating circumstances.

I was unable to find any similar case law for Maryland.

So, OP, it's unfortunate that you live in Maryland, not Washington. Unless you want to mount an expensive legal fight which has no guarantee of ending with disclosure of the video, it's best to follow the advice of Cdw, quincy, and stealth to retain an attorney to explore your options.

 

[CdwJava]

Remember, all because it is a "public record" does NOT mean that it can be readily viewed by anyone who asks. There are numerous state laws that also protect the rights of juveniles - particularly juvenile defendants. So, I concur that these will be "public records" in every state, it is almost certainly not something that can be viewed upon request if the school objects.

 

[I'mTheFather]

Well, that depends on the state. In Washington, they can be. In Maryland, the school decides.

 

[OHRoadwarrior]

Actions of other children in the video are subject to their right to privacy in most states.

 

[CdwJava]

Well, that depends on the state. In Washington, they can be. In Maryland, the school decides.

Well, the only way to compel the production of the video would be to go to court. And, after reading the court case, it si possible that if the school brought a different and better argument to bear that they could prevail.

But, it's all moot, as you point out, as the OP is not in WA.

 

[I'mTheFather]

Well, the only way to compel the production of the video would be to go to court. And, after reading the court case, it si possible that if the school brought a different and better argument to bear that they could prevail.

But, it's all moot, as you point out, as the OP is not in WA.

I don't think any school district in WA would refuse to release the video unless it was part of a continuing investigation. The Supreme Court ruled so, and the school district had to pay legal fees of the petitioner. I'm not sure what better argument they could have used, but one of their big mistakes was showing the video to the parent before denying its release.

 

[CdwJava]

I don't think any school district in WA would refuse to release the video unless it was part of a continuing investigation. The Supreme Court ruled so, and the school district had to pay legal fees of the petitioner. I'm not sure what better argument they could have used, but one of their big mistakes was showing the video to the parent before denying its release.

These things have a way to ebb and flow over time and with different legal arguments. Given the number of decisions even in CA you'd think certain types of public records releases would be clear even here, but, it's not. A lot depends on how it is classified and how paranoid the agency/organization involved might be of liability. If the school wants to minimize liability they would probably seek to have a court order demanding the release of any record they think might get them sued for violating a student's rights. The best way to avoid litigation (potentially federal) is to have a judge compel the release. Paying for attorneys fees may be less expensive than the alternative.

I have found that schools tend to be all over the map with these issues as are medical facilities. Many will deny records as a matter of course simply because they get it drilled into them at civil liability training that they can be held liable for the unlawful release of information. It's easier to have the issue compelled. But, every district will have it's own tolerances.