Re: Digital Recording of Class

[Guest guest]

Well, then take the other kids out of the equation.  You have the right for YOUR child to be recorded and/or video taped.  This is why I tell parents never to accept " observation " as means for a criterion for mastery UNLESS each six weeks the child is given a benchmark test on the objectives that were taught the previous six weeks.  This testing should be either audio and/or video taped, so they could do the testing somewhere away from other kids.

There is an issue of privacy regarding the recording and video taping of other children without their parents' consent.  However, there is nothing stopping you from talking with the other parents and if you can get all to agree to audio or video taping, and they sign a waiver, it would be okay.

Under the Texas Education Code:

Tex. Educ. Code, Section 26.009 governs videotaping of students. In

general, an employee must obtain written parental consent before making or authorizing the making of a videotape of a child. T.E.C. Section 26~009(a)(2). There are certain exceptions to the consent requirement:

An employee of a school district is not required to obtain the consent from a child's parent before the employee may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used only for:

purposes of safety, including the maintenance of order and discipline

in common areas of the school or on school buses; a purpose related to a co-curricular or extracurricular activity; a purpose related to regular classroom instruction; or media coverage of the school. T.E.C. Section 26.009(h)

Circumstances in which it might be permissible under T.E.C. Section 26.009(

are as follows:

The regular education classrooms on the campus also have continuous videotaping. There is a documented safety need for the videotaping. In order to address a real safety concern, the camera

would need to be hooked to a monitor that allowed for continuous viewing.

* ANY TASK / SLC UNIT MAY BE SUBJECT TO CONTINUOUS VIDEOTAPING AT THE DISCRETION OF THE TASK / SLC TEACHER AND PRINCIPAL AS A MEANS OF PROMOTING CLASSROOM SAFETY AND THE MAINTENANCE OF CLASSROOM ORDER AND DISCIPLINE * The student's IEPs provide for videotaping as (a) an alternative

means of assessment (in that case, the videotaping would not need to be continuous), or ( as a method of providing feedback to the student regarding his or her behavior. (e.g. part of social skills training or a technique in the BIP). Under the law, can you videotape for the purposes of documenting progress?  If it is written into the ARD or the IEP as the method to determine progress and mastery, the answer is yes.  And when it is written into the document, then parental consent is not necessary each time it is done.  If the parent signs in agreement to the IEP, then the parent agrees to the audio or video taping.

The problem with privacy comes in when your child is not the only one being audio or video taped.  You have to answer the question of privacy regarding the other students, as well.I hope this answers your question.

Sincerely,Haven

[Guest guest]

The problem with privacy comes in when your child is not the only one being audio or video taped. You have to answer the question of privacy regarding the other students, as well.

This is our problem. Our son is in a general classroom setting. We have some major problems in some of the classes and the cumulative impact is wearing our son down. I sure audio tapes would capture things our son says and does that we would not like. I am certain that the tape would also provide a record that is inconsistent with the verbal reports teachers give me. Teachers have made statements justifying their actions that are patently false. When they forget or do not know I was near by when some actions were taken I am truly amazed at their recollections. Teachers also change statements depending upon the line of questioning I take. Just

so frustrated knowing the truth is so easily obtainable, but seeming forbidden to obtain. Just the threat of a recording could make my son's life so much better.To: Texas-Autism-Advocacy Sent: Thu, January 12, 2012 5:20:11 PMSubject: Re: Digital Recording of Class

Well, then take the other kids out of the equation. You have the right for YOUR child to be recorded and/or video taped. This is why I tell parents never to accept "observation" as means for a criterion for mastery UNLESS each six weeks the child is given a benchmark test on the objectives that were taught the previous six weeks. This testing should be either audio and/or video taped, so they could do the testing somewhere away from other kids.

There is an issue of privacy regarding the recording and video taping of other children without their parents' consent. However, there is nothing stopping you from talking with the other parents and if you can get all to agree to audio or video taping, and they sign a waiver, it would be okay.

Under the Texas Education Code:

Tex. Educ. Code, Section 26.009 governs videotaping of students. In

general, an employee must obtain written parental consent before making or authorizing the making of a videotape of a child. T.E.C. Section 26~009(a)(2). There are certain exceptions to the consent requirement:

An employee of a school district is not required to obtain the consent from a child's parent before the employee may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used only for:

purposes of safety, including the maintenance of order and discipline

in common areas of the school or on school buses; a purpose related to a co-curricular or extracurricular activity; a purpose related to regular classroom instruction; or media coverage of the school. T.E.C. Section 26.009(h)

Circumstances in which it might be permissible under T.E.C. Section 26.009(

are as follows:

The regular education classrooms on the campus also have continuous videotaping. There is a documented safety need for the videotaping. In order to address a real safety concern, the camera

would need to be hooked to a monitor that allowed for continuous viewing.

* ANY TASK / SLC UNIT MAY BE SUBJECT TO CONTINUOUS VIDEOTAPING AT THE DISCRETION OF THE TASK / SLC TEACHER AND PRINCIPAL AS A MEANS OF PROMOTING CLASSROOM SAFETY AND THE MAINTENANCE OF CLASSROOM ORDER AND DISCIPLINE * The student's IEPs provide for videotaping as (a) an alternative

means of assessment (in that case, the videotaping would not need to be continuous), or ( as a method of providing feedback to the student regarding his or her behavior. (e.g. part of social skills training or a technique in the BIP). Under the law, can you videotape for the purposes of documenting progress? If it is written into the ARD or the IEP as the method to determine progress and mastery, the answer is yes. And when it is written into the document, then parental consent is not necessary each time it is done. If the parent signs in agreement to the IEP, then the parent agrees to the audio or video taping.

The problem with privacy comes in when your child is not the only one being audio or video taped. You have to answer the question of privacy regarding the other students, as well.I hope this answers your question.

Sincerely,Haven

[Guest guest]

I was told by an attorney that Texas allows first person recordings. You aren't

required to tell anyone and it is admissible in court.

Sent from my Verizon Wireless Phone

wrote:

>I have asked our son's school if we could make an audio recording of a class.

At first it was the teacher's desecration. Once they found out our son was on

the Autism Spectrum it has become a privacy right issue and they refuse to allow

us to record.

>

>How can Ferpa be applied to activities that happen in an open classroom where

one would have no reason to expect privacy? Is there anyone that has a legal

opinion on this issue for the state of Texas or on a federal level.

>

>These recordings would assist us in helping our son.

>

>Thank You

>

[Guest guest]

Let me dig in my records.  I actually have the court ruling on this where a teacher said it was a violation to her right to privacy and the courts said no, here in Texas.  Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Kim FritzschingSent: Thursday, January 12, 2012 7:35 PMTo: Texas-Autism-Advocacy Subject: Re: Digital Recording of Class I was told by an attorney that Texas allows first person recordings. You aren't required to tell anyone and it is admissible in court. Sent from my Verizon Wireless Phone wrote:>I have asked our son's school if we could make an audio recording of a class. At first it was the teacher's desecration. Once they found out our son was on the Autism Spectrum it has become a privacy right issue and they refuse to allow us to record.>>How can Ferpa be applied to activities that happen in an open classroom where one would have no reason to expect privacy? Is there anyone that has a legal opinion on this issue for the state of Texas or on a federal level.>>These recordings would assist us in helping our son.>>Thank You>

[Guest guest]

That would be so very helpful. I want to thank everyone for their help.To: Texas-Autism-Advocacy Sent: Thu, January 12, 2012 8:54:57 PMSubject: RE: Digital Recording of Class

Let me dig in my records. I actually have the court ruling on this where a teacher said it was a violation to her right to privacy and the courts said no, here in Texas. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Kim FritzschingSent: Thursday, January 12, 2012 7:35 PMTo: Texas-Autism-Advocacy Subject: Re:

Digital Recording of Class I was told by an attorney that Texas allows first person recordings. You aren't required to tell anyone and it is admissible in court. Sent from my Verizon Wireless Phone wrote:>I have asked our son's school if we could make an audio recording of a class. At first it was the teacher's desecration. Once they found out our son was on the Autism Spectrum it has become a privacy right issue and they refuse to allow us to record.>>How can Ferpa be applied to activities that happen in an open classroom where one would have no reason to expect privacy? Is there anyone that has a

legal opinion on this issue for the state of Texas or on a federal level.>>These recordings would assist us in helping our son.>>Thank You>

[Guest guest]

We're in the same boat. When I requested the video(or even audio) benchmark

testing, they used FERPA and denied it. I told them that they could take him to

another room and record him to show mastery of goals and they said it wouldn't

be his natural environment. When I asked how we were supposed to know what our

son was doing at school and if he was mastering his goals, they said that we

could come out and observe our son in class, with a 3 day notice, for an hour at

a time(they said a half hour. I fought for an hour). Obviously it hasn't been as

helpful as I had hoped. They also said that daily notes will be sent home. So

far the notes tell us how much he ate, what specials he went to(art, pe, etc)

and minor things like he was coughing or he sat at circle. Thank you for posting

this. The information has been very helpful. If anyone has anything that we can

use as well, I would really appreciate it.

>

> >I have asked our son's school if we could make an audio recording of a class.

At

> >first it was the teacher's desecration. Once they found out our son was on

the

> >Autism Spectrum it has become a privacy right issue and they refuse to allow

us

> >to record.

> >

> >How can Ferpa be applied to activities that happen in an open classroom where

> >one would have no reason to expect privacy? Is there anyone that has a legal

> >opinion on this issue for the state of Texas or on a federal level.

> >

> >These recordings would assist us in helping our son.

> >

> >Thank You

> >

>