Options?

[patriotsk1d]

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

Me and another student had nothing to do in our tech class 2 days ago, and we were google searching some of our teachers, and we did a background check on one of them. Well anyways I was suspended for 3 days, after the tech teacher had taken pictures of us, and our computers to prove we were background checking people.

As far as I know, it is illegal to take pictures of students, without permission from the students. What are my options in regards to that?

 

[tranquility]

I don't think you have any rights to not be photographed for this at least legally. The school may have other policies and the teacher may have violated them, but I think it unlikely. However, what were you suspended for? What rule did doing a background investigation violate? Was is just that you weren't on task, or was it something else?

 

[patriotsk1d]

I don't think you have any rights to not be photographed for this at least legally. The school may have other policies and the teacher may have violated them, but I think it unlikely. However, what were you suspended for? What rule did doing a background investigation violate? Was is just that you weren't on task, or was it something else?

I could be wrong, but I thought since it was a teacher photographing a minor without permission from the minor or parents, it was illegal? But I could be wrong on that one. And that really is a good question, the school seems to take little things like this more seriously for whatever reason. It is a smaller school, and the staff deffently seems to have more time on their hands than other schools I have been too, so that may have something to do with it. But I asked that very question, and never got an answer, so as of now I have no idea what to think

 

[Proserpina]

Surfing the 'net while you're meant to be working/studying <---- may have been the reason for the suspension.

 

[patriotsk1d]

Surfing the 'net while you're meant to be working/studying <---- may have been the reason for the suspension.

Incorrect, no students had too do any work, in fact it was considered "free time" so that isnt even a possibility. The school seems to have an issue that I was searching information on a teacher, which is completly legal and in no way does it violate any school policys, as I have read each one very clearly. But that isnt my concern anyways, I am more concerned about the fact that a teacher was photographing me and another student without consent of either of us or our parents.

 

[Antigone*]

Incorrect, no students had too do any work, in fact it was considered "free time" so that isnt even a possibility. The school seems to have an issue that I was searching information on a teacher, which is completly legal and in no way does it violate any school policys, as I have read each one very clearly. But that isnt my concern anyways, I am more concerned about the fact that a teacher was photographing me and another student without consent of either of us or our parents.

It is not against the law to take a picture of a student. You got a taste of real life, kid. If you worked for me and were surfing the net as you were during my time, I'd fire you on the spot.

 

[patriotsk1d]

It is not against the law to take a picture of a student. You got a taste of real life, kid. If you worked for me and were surfing the net as you were during my time, I'd fire you on the spot.

Yes since this situation really compares to working for someone. The teacher gave us free time on the computers, me and another student used the free time to do a background check, nothing wrong with that, nothing illegal about it. The only reason I asked, is because this teacher appears to be targeting me and another student, and I dont mean that based on this situation alone. And while I am glad you gave me your legal advice, I didnt want your opinion on the suspension, but thank you anyways.

 

[Proserpina]

Yes since this situation really compares to working for someone. The teacher gave us free time on the computers, me and another student used the free time to do a background check, nothing wrong with that, nothing illegal about it. The only reason I asked, is because this teacher appears to be targeting me and another student, and I dont mean that based on this situation alone. And while I am glad you gave me your legal advice, I didnt want your opinion on the suspension, but thank you anyways.

Maybe the teacher thinks you have something of an attitude?

Not illegal, if s/he does think that.

 

[stealth2]

When you enrolled in the school, your parents likely signed a form allowing them to take photographs.

 

[I'mTheFather]

It's only illegal to photograph students if the parents requested that their students NOT be photographed (well, there are publishing factors that figure in too). School pictures are commonplace in most schools, but parents are generally given the option to opt out.

I assume your parents didn't opt out.

 

[CSO286]

When you enrolled in the school, your parents likely signed a form allowing them to take photographs.

I agree with this. At the start of every school year, I get a consent form from LittleCSO's school requesting permission to use photographs she may be in for the school website or to publish in the newsletter, etc.

Also, the photgraphing in it self wouldn't be the proiblem, If the teacher published it on facebook or somewhere else without your parents' consent, that would be problematic.

In addition, I'm betting you signed a "Computer Use" policy at the start of the school year, as well. (LittleCSO has had to sign each year since about 3rd grade.) It would be my educated guess that said policy included wording in which you agree to use the school's equipment and internet access for school and school related work only......