Teacher out of control. Recording class ok?

[JEbay]

What is the name of your state? New York

My daughter attends the local Middle School and is an excellent student. Her Science teacher this year (his first year teaching) has been a problem from almost day one. Both I and several parents have tried via guidance department and administration to rectify the situation but no solution has been reached. Administration sat in on a few of his classes of which he was the picture perfect teacher. However, when no one is observing him he is rude, angry, and frightening to the kids. He reprimands the kids by getting right into their faces and yelling, flailing his arms and belittling them in front of their classmates. He seems like a loose canon that is sure explode soon. I would like to send my daughter to school with a small tape recorder to document one of his tirades. We live in NY and I believe it is a one party state. Do I need to notify the school district legally that the class is being recorded?

Also back in November he noticed a scientific instrument missing form his classroom and demanded the kids be searched to find out who took the item. The kids were told to empty their pockets and turn them inside out. They had to open backpacks and handbags and he searched each one. This was done while no other adult was present in the room. The kids were embarrassed and scared. Is this also something that can be legally pursued?

 

[damnclassybroad]

As far as recording the class I do not know the law. As for searching all students when something is missing the Supreme court ruled that a teacher can search the personal property of students as long as one student is not singled out and searched.

 

[I AM ALWAYS LIABLE]

My response:

Do you know, and can you describe, the circumstances when "He reprimands the kids by getting right into their faces and yelling, flailing his arms and belittling them in front of their classmates."

IAAL

 

[PhiKappaPhi]

Recording

In our school district, electronic equipment is banned from the school, so children would be breaking a rule to bring tape recorders. Unsure about law in your state. Children can be searched, as can their lockers and backpacks. I personally performed a pat down of every student in a school once when a weapon was suspected of being in the school. As long as no bias is introduced, students can be searched.

 

[BelizeBreeze]

Children can be searched, as can their lockers and backpacks.

I suggest you revise this statement. Or read STATE v. McKINNON
and Tinker et al. v. Des Moines, specifically the references to 4th amendment rights and the requirements for schools to follow.

 

[PhiKappaPhi]

Searches

Am looking in The Law of Public Education Textbook have Masters in Education, and asked the senior partner of our law firm. Lockers can be searched anytime, they are the property of the school. Backpacks can be searched, and have been searched, for years. New Jersey v. TLO. Student was suspected of smoking...purse searched...cigs found. Court found for the school. All hinges on probable cause...

 

[BelizeBreeze]

Am looking in The Law of Public Education Textbook have Masters in Education, and asked the senior partner of our law firm. Lockers can be searched anytime, they are the property of the school. Backpacks can be searched, and have been searched, for years. New Jersey v. TLO. Student was suspected of smoking...purse searched...cigs found. Court found for the school. All hinges on probable cause...

Now re-read this crap. If you in fact do have a masters then you are a functional illiterate.

First you say : Lockers can be searched anytime, they are the property of the school.

And then, to end this diatribe you say: All hinges on probable cause...

Lovely circular logic. They can do it at any time, but they have to have probable cause, so they can't do it at any time exegent probable cause.

Geez did you graduate from Podunk U?

 

[PhiKappaPhi]

Rudeness

Probable cause was not referring to the lockers. It was referring to the search of a student. FYI if you want to email me directly, I can verify my law background and where I teach criminal justice classes.

You do not have to be rude. I don't know you. This is a place where people come for help, not insults. I, in fact, question your upbringing and background because of your callousness.

 

[BelizeBreeze]

Probable cause was not referring to the lockers. It was referring to the search of a student. FYI if you want to email me directly, I can verify my law background and where I teach criminal justice classes.

You do not have to be rude. I don't know you. This is a place where people come for help, not insults. I, in fact, question your upbringing and background because of your callousness.

You can question all you want. Because teaching criminal Justice doesn't give you knowledge of the law. And it shows in your responses. And if you want to question MY background, you can contact the GWU school of law.