: Court Decision - Placing Tape Recorder on Disabled Child Going to School Found NOT Legal

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attorney Vance reporting on a federal lawsuit.

> > > The attached case finds in a civil matter (the Stefan case) that it is

> a

> > > felony for a parent of a disabled, 10-year old child who is non-verbal

> to

> > > place a tape recording on her child (see pages 16-17).

> > >

> > >

> > >

> > > While I do not agree with the decision, everyone needs to know this

> federal

> > > court decision regarding state law is contrary to parents being able to

> > > legally place a tape recorder on their children with disabilities in

> the

> > > public school setting. Perhaps it would be different if the parents

> told

> > > the school district and all personnel in advance. However, in one of my

> > > cases, the parents told the school attorney in writing that the child

> would

> > > come to school with a tape recording, asking the school attorney to

> tell

> > > everyone involved, but an ALJ nevertheless ruled it still was a secret

> > > recording and was thus not admissible. At least in that case, it should

> not

> > > be an alleged felony, because everyone was put on notice through their

> > > attorney they had no right of privacy, for they had been told in

> advance the

> > > child would be taping his day at school.

> > >

> > >

> > >

> > > I do not know if the decision is going to be appealed by counsel in

> Stefan's

> > > case, but I hope so, yet this may not result in the decision being

> > > overturned.

> > >

> > >

> > >

> > > I believe we need to set up a committee (maybe the GAO and other state

> > > organizations could help, since they have the people and counsel on

> staff)

> > > to try to get the law regarding recordings changed when it involves

> disabled

> > > children (given how it is being interpreted). It is the ONLY way to

> protect

> > > disabled children and for parents to really know what goes on during

> their

> > > day. Neurotypical children can come home and tell their parents, but

> many

> > > children with more significant disabilities cannot accurately relate or

> > > relate at all what happens to them when they are at school.

> > >

> > >

> > >

> > > We thought for years and years we were facing a brick wall stopping

> > > seclusion, yet concerted efforts prevailed. Maybe we can change the law

> in

> > > this regard.

> > >

> > >

> > >

> > > We could enlist police officers, psychologists, pediatricians,

> > > psychiatrists, educators, child abuse experts, counselors, social

> workers,

> > > parents of children with disabilities, attorneys, advocates, ministers,

> > > state organizations, national organizations, perhaps hospitals, nurses,

> > > school nurses, and more to write letters about the absolute need for a

> law

> > > allowing parents of children with special needs to have the right to

> place

> > > tape recorders on their children during their school day as long as

> they

> > > inform district personnel (the principal, teacher, and therapists).

> This is

> > > more than fair, and it is very much needed to proactively protect these

> > > children. We also need lobbyists - I know one lobbyist who is a mom of

> a

> > > child with special needs. Perhaps corporations which generously donate

> to

> > > elected officials might back the cause. It would be a LARGE

> undertaking,

> > > but I'm willing to donate some time. Please feel free to send this

> email to

> > > others.

> > >

> > >

> > >

> > > To me, it should be a crime to not allow a parent to tape record her

> > > disabled child's day, regardless of where that child is. The law should

> not

> > > prevent parents from protecting their children, and a school building

> is a

> > > PUBLIC setting, not a private setting. No one in a public setting with

> a

> > > child (disabled or not) present should have any right to privacy.

> > >

> > >

> > >

> > > Chris

> > >

> > >

> > >

> > >

> > >

> > > CHRIS E. VANCE, P.C.

> > >

> > > Suite 100

> > >

> > > 2415 Oak Grove Valley Road, N.E.

> > >

> > > Atlanta, Georgia 30345

> > >

> > > - Tel

> > >

> > > - Fax

> > >

> > > - Cell

> > >

> >

>

>

>

--

Sara- different pathways lead to Nirvana.