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Audio recording into Virginia school

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Mguilbau

Junior Member
I need to know if it's legal to record a conversation inside my daughters geometry class. The children are stating that the teacher is abusive and will not allow questions. When the principal goes and she's on her best behavior. I have listened to a recording and I know this teacher is awful. I just don't want to get any of the kids in trouble By presenting this information to the principal. Please advise
 


Silverplum

Senior Member
I need to know if it's legal to record a conversation inside my daughters geometry class. The children are stating that the teacher is abusive and will not allow questions. When the principal goes and she's on her best behavior. I have listened to a recording and I know this teacher is awful. I just don't want to get any of the kids in trouble By presenting this information to the principal. Please advise
You should just go teach the class/es. Walk right in, announce you are better and nicer than the teacher, and start the teaching. Go for it.
 

LdiJ

Senior Member
I need to know if it's legal to record a conversation inside my daughters geometry class. The children are stating that the teacher is abusive and will not allow questions. When the principal goes and she's on her best behavior. I have listened to a recording and I know this teacher is awful. I just don't want to get any of the kids in trouble By presenting this information to the principal. Please advise
If you truly believe that the teacher is being abusive (and I have known the odd teacher who was), then you absolutely should have a discussion with the principal about the problem. You cannot use the tape (and it wouldn't do any good anyway because the principal could not use it), but you really should have that discussion.
 

LdiJ

Senior Member
Bummer 'bout that.

You have your tantrums (girls wearing skirts!) and I'll have mine. You run along, now.
You might go to your profile and read your last dozen or so posts. You might come away with a different impression.
 

Silverplum

Senior Member
You might go to your profile and read your last dozen or so posts. You might come away with a different impression.
Calm yerself, Ld. As I've reminded you in the past, I don't work for you. :cool:

As to the OP, I disdain the "revolt" of the uneducated masses against the only person willing to go and try to teach them something new.
 

Zigner

Senior Member, Non-Attorney
If you truly believe that the teacher is being abusive (and I have known the odd teacher who was), then you absolutely should have a discussion with the principal about the problem. You cannot use the tape (and it wouldn't do any good anyway because the principal could not use it), but you really should have that discussion.
I disagree about the tape. Even if the principal couldn't use it for official purposes (which I'm not convinced of), the principal could initiate further investigative steps if the tape is egregious. Alternatively, the principal may end up realizing that this is simply a helicopter parent who is out of line and proceed accordingly.
 

Zigner

Senior Member, Non-Attorney
SP - you know I love ya...but I tend to agree with LdiJ on this one. Your response seemed a bit harsh. This parent may, in fact, have a valid complaint here. Of course, the parent may simply be overreacting to a teacher who has an abrasive (not "abusive") personality. In either case, presenting the tape to the principal is a viable option and will help the principal understand the situation (either way.)
 

Silverplum

Senior Member
SP - you know I love ya...but I tend to agree with LdiJ on this one. Your response seemed a bit harsh. This parent may, in fact, have a valid complaint here. Of course, the parent may simply be overreacting to a teacher who has an abrasive (not "abusive") personality. In either case, presenting the tape to the principal is a viable option and will help the principal understand the situation (either way.)
I fail to see how it was "harsh," nor how it ruined anyone's day, nor why it bothers anyone. If I wanted to be "harsh," I can do far, far more than a simple remark on the OP's likely inability to teach geometry (or any other academic subject) to ingrate teenagers. :cool:

It's not within my Powers to stop HeliMom from hovering about, interfering in the school. Do you think she's going to take my advice and go teach? :p Please.
 

Zigner

Senior Member, Non-Attorney
I can see this from both sides of the coin. I remember in jr. high school having a math teacher who EVERYONE (students) said was a witch (with a different consonant, of course.) She was a hard and humorless old(er) lady. I thought she was one of the best teachers I had ever had. No-nonsense does not mean ineffective or abusive.

As a parent, there was a teacher who was horrible for one of my kids. She really did seem to "have it in for" my daughter. I made SURE that my daughter was transferred to a different class. My kids were difficult in school, to say the least, but I knew the difference between "no-nonsense" and a witch (with a difference consonant.)
 

ajkroy

Member
Depending on the teacher's contract, the recording may actually not be allowed by the union. My contract states that we are not to have "any unannounced monitoring or evaluation" (which defeats the purpose if the teacher's demeanor changes when the principal is around). But teacher contracts -- and our unions -- are historically pretty strong.
 

FlyingRon

Senior Member
What does your union contract have to do with what the parents and students do? Anyway it is completely moot as Virginia teachers are not representable by a CBA.

I would suggest that your first suggestion is that you contact the administrators involved and not just go into your covert vendetta with the teachers. We had a horrendous middle school math teacher who was eventually asked to move along but it didn't take extraordinary means to bring this to the attention of the district. (But if your teacher's name begins with "B", PM me, I might be interested if it was by any chance the same lady).
 

Mguilbau

Junior Member
Thank you

There are about 5 sets of parents who are upset and we have heard the recording and we have a slew of other material to back up our claims. The question I have is about the legal aspect of a recording in Virginia. I really am not as concerned with what people feel about the topic as much as I want to protect the persons who recorded it to see what their kid was complaining about.

Thanks for the responses!

Marc
 

quincy

Senior Member
... The question I have is about the legal aspect of a recording in Virginia. I really am not as concerned with what people feel about the topic as much as I want to protect the persons who recorded it to see what their kid was complaining about. ...
Here is a link to the Digital Media Law Project's recording laws for Virginia: http://www.dmlp.org/legal-guide/virginia-recording-law

Here is a link to the Reporters Committee for Freedom of the Press on the recording laws for Virginia: http://www.rcfp.org/reporters-recording-guide/state-state-guide/virginia

The student who recorded the teacher could have violated the recording laws in Virginia. Although Virginia is considered a "one-party consent" state, and only one person who is participating in a conversation needs to consent to the recording, it sounds as if it was not a conversation between student and teacher that was recorded. It sounds instead that what was recorded was the class as a whole as the teacher taught.

In addition, it could very well be found that, in a classroom, there is an expectation by the speakers in the classroom that their conversations will not be intercepted by others. With this expectation, a recording without the consent of all being recorded could violate Virginia law.

If students or parents have a complaint about a teacher, it seems smart to either speak directly with the teacher about their concerns or speak with the principal. Surreptitious recording of conversations is almost always a bad idea.

I would never discount what a child says about a teacher, even though I believe the majority of teachers deserve gold stars (and higher pay) for doing what most of could never do or, at least, do well.
 
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