Special-ed student faces charges for recording bullies in class

Bamabuzzard

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I'm somewhat new to this new age of "bullying". I hope the Lord does a work in me before any of my children are subjected to what's going on now days with bullying. Because I promise you I can stop it. Granted the authorities more than likely would be called on me but I'm not going to sit there and allow my children to live in fear and suffer physical abuse on a daily basis.
 

Catfish

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http://dailycaller.com/2014/04/14/s...d-threatened-with-felony-wiretapping-charges/

Lesson: If you ever record anything that could ever be used in court,make a copy on another device. I'm not usually for suing, but (if the facts of the case are true as reported here) these people(the school admins) need to be brought down.
They're sending a message that they won't put up with students doing anything to prove that the grown ups in charge ( :rofl: ) can't be bothered to do their stinking job. A special needs student gets bullied? Ahhh, not worth the effort to address it. A special needs student proves that we're not doing our job? WE WILL NOT STAND FOR THIS!!!!
 
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jthomas666

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A couple of quick observations:

Having the police interrogate a minor without a parent/guardian present is illegal, isn't it?
The wiretapping charge is likely even more bogus, as the supreme court has ruled repeatedly that students have a limited expectation of privacy in a school (see locker searches).
Forcing the student to delete the recording might even be considered tampering with evidence.

That school is a travesty.
 

GreatDanish

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Pretty typical for school administrators to join the bullying effort. It usually doesn't get to the courtroom like this, though.
I definitely don't think this is typical. This is criminal and completely unethical by any standard. Most principals and assistant principals want to do a good job. Even most of the bad principals out there are more John L. Smith or Larry Coker. This is Jerry Sandusky.
 

NationalTitles18

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I respectfully disagree. I've seen a few school admins foster a safe and healthy environment, but I've seen at least an equal number who apparently didn't think it worth their time to stop bullying even when it became physical. My kid got in trouble for simply threatening to "retaliate" (i.e. defend herself). I've known several other parents who've had similar stories to tell, so it isn't one isolated case nor did they all happen in the same school system.

And while I disagree that this goes in a Sandusky direction, it does take it to a another (but not unprecedented) level. A number of special needs kids have been arrested when they had behavioral problems that an adequate IEP and a teacher worth more than spit should be able to handle. Lots of special needs kids are daily abused by teachers and administrators on a daily basis, suffering everything from verbal insults to being tied up for minor offenses to harsh physical treatment that would get someone arrested for using on any kid. Except that many special needs kids either can't fight back, or can't speak to tell anyone about the abuse, or don't recognize it as such, or in some cases they are threatened if they tell. And that's before we talk about the abuse of schools that are not adequate at all for learning for any kid, much less one with special needs.

Many admins do the best they can within the confines of the system. The system itself is a sham and the ones who don't do their best make it even worse. Since we are talking about mainly the arrest of this child I'll stop the critique there although I could go on.
 

GreatDanish

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I respectfully disagree. I've seen a few school admins foster a safe and healthy environment, but I've seen at least an equal number who apparently didn't think it worth their time to stop bullying even when it became physical. My kid got in trouble for simply threatening to "retaliate" (i.e. defend herself). I've known several other parents who've had similar stories to tell, so it isn't one isolated case nor did they all happen in the same school system.

And while I disagree that this goes in a Sandusky direction, it does take it to a another (but not unprecedented) level. A number of special needs kids have been arrested when they had behavioral problems that an adequate IEP and a teacher worth more than spit should be able to handle. Lots of special needs kids are daily abused by teachers and administrators on a daily basis, suffering everything from verbal insults to being tied up for minor offenses to harsh physical treatment that would get someone arrested for using on any kid. Except that many special needs kids either can't fight back, or can't speak to tell anyone about the abuse, or don't recognize it as such, or in some cases they are threatened if they tell. And that's before we talk about the abuse of schools that are not adequate at all for learning for any kid, much less one with special needs.

Many admins do the best they can within the confines of the system. The system itself is a sham and the ones who don't do their best make it even worse. Since we are talking about mainly the arrest of this child I'll stop the critique there although I could go on.
We can agree to disagree.
I visit schools regularly as part of AdvancEd (formerly SACS) Accreditation, and know literally hundreds of principals, assistant principals, and other administrators on a personal level. Almost all of them got in the business to help kids. Almost all of those still want to help kids. Note the word "almost."
There are several who don't. And, some that want to have their hands tied by school boards and boards of directors/trustees. But, it's not near "typical" for an administrator to try to eliminate evidence of bullying and punish the kid trying to report it. If it was, this wouldn't be news. This is one of those "whoa" stories that circulates because it is so unbelievable.
Does it happen? Yes. Is it typical across the hundreds of thousands of schools in the USA? No.
 

TIDE-HSV

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A couple of quick observations:

Having the police interrogate a minor without a parent/guardian present is illegal, isn't it?
The wiretapping charge is likely even more bogus, as the supreme court has ruled repeatedly that students have a limited expectation of privacy in a school (see locker searches).
Forcing the student to delete the recording might even be considered tampering with evidence.

That school is a travesty.
More than that, it's not a wiretapping offense in AL, unless the law has been changed fairly recently. AL is a "one-party" state. Only one person needs to know about the recording as opposed to "all-parties" states. (PA is an "all-parties state...)
 

jps1983

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More than that, it's not a wiretapping offense in AL, unless the law has been changed fairly recently. AL is a "one-party" state. Only one person needs to know about the recording as opposed to "all-parties" states. (PA is an "all-parties state...)
Texas is the same. We see a lot of recordings in family law where one person is clearly egging on the other. Heck, here a parent can record his/her child without either party knowing because it falls in here realm of "parenting".

Some states require both parties to have knowledge I believe though. It's still ridiculous charges would actually be brought for it though. You'd hope the ADA would have common sense/ decency.
 

NationalTitles18

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We can agree to disagree.
I visit schools regularly as part of AdvancEd (formerly SACS) Accreditation, and know literally hundreds of principals, assistant principals, and other administrators on a personal level. Almost all of them got in the business to help kids. Almost all of those still want to help kids. Note the word "almost."
There are several who don't. And, some that want to have their hands tied by school boards and boards of directors/trustees. But, it's not near "typical" for an administrator to try to eliminate evidence of bullying and punish the kid trying to report it. If it was, this wouldn't be news. This is one of those "whoa" stories that circulates because it is so unbelievable.
Does it happen? Yes. Is it typical across the hundreds of thousands of schools in the USA? No.
Typical seems to be the key word. In my experience it's been 50/50 at best. That is unacceptable, whether it's 75/25, 50/50, or 25/75. I think the problem is much more widespread than you can see. Those folks know you are coming, usually days ahead of time. Of course they put on a good show and say all the right things at exactly the right time. Even though most of them are generally good people and would not directly harm a student, far too often they still do similar things like in this article and allow bullying, fail to intervene, and then punish the child who "fights back" (defends him/herself). Most think they are doing right because they are "following the rules" in punishing the victim (the same kid they failed to defend). That's what the system demands, after all.
The system sure doesn't hold the admins accountable for bullying that takes place on their watch. As far as I know, there is no measure to accurately report bullying statistics and any prevention or intervention performed to any controlling body. The measures a student or parent has to go through to report inaction on the part of a school admin are generally cumbersome and can be embarrassing since they are often compelled to do so publicly in front of the school board. For that matter, even when abuse by a teacher or principal is reported to child protective services by a parent the school personnel have more rights than the parent and child during the investigation. CPS will always demand to enter to child's home to investigate the people there even when the parent makes the complaint and even when the abuse did not happen within the home. They do not demand the same of school teachers and admins that are accused.
Does AdvancED have a program in this regard or is the issue even considered as part of accreditation? I don't see it listed on any criteria considered for accreditation. AdvancED looks at policies and teacher implementation of policies. Indicator 2.4 would seem to apply, but how is that measured?
I hate to say it, but I doubt it is measured in any meaningful way. That's not to knock you or even AdvancED. The problem goes beyond the bad apples in the system. The system itself is often the problem. I'll bet the principal in this story followed every rule, regulation, and law to the letter when it came to punishing this child victim. By then it was too late to intervene, apparently, to help the victim since the bullying was previously ignored.
Between bad apples in the system, the apathy of school teachers and admins, a very flawed school system that does little to nothing to accurately and adequately prevent, intervene, and measure bullying, and a regulatory regime that does nothing to fix the problem and further punishes those who report the bad apples and complain about the system itself...well, yes, I would say it's very typical. I know far too much of this first hand and follow stories like this on a regular basis. I'm afraid that someone who spends maybe a day or two at a school around admins who are trying to impress is not going to change my mind about the matter. We are very far apart in our opinions, indeed. I would hope that you'd look beyond our differences and I ask you to consider my thoughts and experiences, especially if you have influence over future criteria that may actually make a difference. I am sure that you do a fine job and that most people you meet are genuinely good people, but neither the accreditation process nor the school system regs are geared to address this issue adequately. That's not always the fault of the people in the system, except when they ignore the voices of children and parents crying out for help and then turn the tables on them instead of listening to and helping them in the first place.
 

GreatDanish

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Typical seems to be the key word. In my experience it's been 50/50 at best. That is unacceptable, whether it's 75/25, 50/50, or 25/75. I think the problem is much more widespread than you can see. Those folks know you are coming, usually days ahead of time. Of course they put on a good show and say all the right things at exactly the right time. Even though most of them are generally good people and would not directly harm a student, far too often they still do similar things like in this article and allow bullying, fail to intervene, and then punish the child who "fights back" (defends him/herself). Most think they are doing right because they are "following the rules" in punishing the victim (the same kid they failed to defend). That's what the system demands, after all.
The system sure doesn't hold the admins accountable for bullying that takes place on their watch. As far as I know, there is no measure to accurately report bullying statistics and any prevention or intervention performed to any controlling body. The measures a student or parent has to go through to report inaction on the part of a school admin are generally cumbersome and can be embarrassing since they are often compelled to do so publicly in front of the school board. For that matter, even when abuse by a teacher or principal is reported to child protective services by a parent the school personnel have more rights than the parent and child during the investigation. CPS will always demand to enter to child's home to investigate the people there even when the parent makes the complaint and even when the abuse did not happen within the home. They do not demand the same of school teachers and admins that are accused.
Does AdvancED have a program in this regard or is the issue even considered as part of accreditation? I don't see it listed on any criteria considered for accreditation. AdvancED looks at policies and teacher implementation of policies. Indicator 2.4 would seem to apply, but how is that measured?
I hate to say it, but I doubt it is measured in any meaningful way. That's not to knock you or even AdvancED. The problem goes beyond the bad apples in the system. The system itself is often the problem. I'll bet the principal in this story followed every rule, regulation, and law to the letter when it came to punishing this child victim. By then it was too late to intervene, apparently, to help the victim since the bullying was previously ignored.
Between bad apples in the system, the apathy of school teachers and admins, a very flawed school system that does little to nothing to accurately and adequately prevent, intervene, and measure bullying, and a regulatory regime that does nothing to fix the problem and further punishes those who report the bad apples and complain about the system itself...well, yes, I would say it's very typical. I know far too much of this first hand and follow stories like this on a regular basis. I'm afraid that someone who spends maybe a day or two at a school around admins who are trying to impress is not going to change my mind about the matter. We are very far apart in our opinions, indeed. I would hope that you'd look beyond our differences and I ask you to consider my thoughts and experiences, especially if you have influence over future criteria that may actually make a difference. I am sure that you do a fine job and that most people you meet are genuinely good people, but neither the accreditation process nor the school system regs are geared to address this issue adequately. That's not always the fault of the people in the system, except when they ignore the voices of children and parents crying out for help and then turn the tables on them instead of listening to and helping them in the first place.
Well it is obvious we are not going to convince each other. But just to clarify, I am talking about principals that I know from that process, not just based on my accreditation visits. I am talking about knowing them outside of school. Having lunch or coffee. Meeting at baseball games.
Just like you say it is more widespread than I think (and I spend almost half of my life in schools) I would say it is not as widespread as you think.
As I said, it does happen. I am not blind to that. It is very far from typical. I would assume you homeschool.
 

NationalTitles18

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Well it is obvious we are not going to convince each other. But just to clarify, I am talking about principals that I know from that process, not just based on my accreditation visits. I am talking about knowing them outside of school. Having lunch or coffee. Meeting at baseball games.
Just like you say it is more widespread than I think (and I spend almost half of my life in schools) I would say it is not as widespread as you think.
As I said, it does happen. I am not blind to that. It is very far from typical. I would assume you homeschool.
I have homeschooled in the past, yes. I have a child who is a rising junior in college at UA (double major, one in German and I forget the other - chemistry or pre-med/health - , with a minor in Japanese). She was homeschooled for 2 years. Our youngest is in public school. He transitions to middle school next year and we will have to see how that goes. Our middle child will soon get his GED. That is a very long story, indeed, and I never dreamed we'd be in this boat. All were home schooled at some point and all attended public school for most of their lives. I'm not quite sure how relevant any of that is, though.

As for prevalence:

Here is a publicly accessible abstract.

Abstract Background: Bullying is common among young students, and cyberbullying has increased due to the use of technology. This study investigates the prevalence of bullying and cyberbullying among high school students and the emotional effects of bullying on students. Methods: Students at East Chapel Hill High School, Chapel Hill, North Carolina completed the Gatehouse Bullying Scale and the Peer Relations Questionnaire. They answered questions regarding how often they had experienced certain types of bullying in school and the emotional effects the bullying had on them. Results: The combined results from both surveys indicated that the prevalence of bullying was 55% with 18% of respondents reporting cyberbullying. Teasing and name-calling were the most common types of bullying, as 40% of students reported having been teased or called names. The most serious type of bullying, being threatened with harm, hit, or kicked, occurred in 20% of boys and 8% of girls, with 25% of respondents reported "quite upset" by the experience. The majority (79%) of students who had been bullied did not share with anyone about being bullied, and of those who did, only 50% were taken seriously. Conclusions: Bullying is still prevalent among high school students, and cyberbullying is becoming more widespread. Most victims do not share their bullying experience, and if they did, only half believe they are taken seriously. Both bullying among students in school and cyberbullying deserve attention due to their potentially devastating effects on victims.
http://www.ncbi.nlm.nih.gov/pubmed/23337050
This one looks pretty legit to me.

Researchers conducting the first nationally representative survey in the U.S. estimated that nearly six
million children (or roughly 30%) in grades 6 through 10 were involved in moderate or
frequent bullying (i.e., as target, bully, or both) during the school term in which they were
surveyed (Nansel et al., 2001)....
Bullying is a pervasive problem in U.S. schools, affecting almost a third of
students in grades 6 through 10. Because of the significant negative consequences of this
behavior for all involved, it should not be viewed as just a normal part of growing up. To
be addressed effectively, both individual and system-level interventions are required.
Psychologists should provide appropriate individual and family therapy. In addition,
psychologists should be advocates for evidence-based approaches in their communities.
There are literally dozens of programs that claim to prevent or reduce bullying, but very
few with any research support.
Developmental models (e.g., social-learning, and social-cognitive theory) are
supported by longitudinal research, which indicates that early intervention is critically
important in preventing the development of aggressive and antisocial behavior patterns.
If we do not intervene with bullies, we not only place targets at risk for physical injury,
depression, anxiety, and low self esteem, but also significantly increase the likelihood
that bullies will develop into antisocial adults.
http://ubhc.rutgers.edu/vinjweb/publications/articles/bullying.pdf
Another link: http://naaas.org/statistics.pdf

Perhaps the most credible yet:

Extent of the Bullying Problem
Extensive studies in other countries during the 1980s and 1990s generally found that
between 8 and 38 percent of students are bullied with some regularity,† and that between
five and nine percent of students bully others with some regularity. Chronic victims of
bullying, bullied once a week or more, generally constitute between 8 and 20 percent of the
student population.7
In the United States, fewer studies have been done. A recent study of a nationally
representative sample of students found higher levels of bullying in America than in
some other countries. Thirteen percent of sixth- through tenth-grade students bully, 10
percent reported being victims, and an additional six percent are victim-bullies.8 This
study excluded elementary-age students (who often experience high levels of bullying) and
did not limit bullying to school grounds. Several smaller studies from different parts of
the country confirm high levels of bullying behaviors, with 10 to 29 percent of students
reported to be either bullies or victims. 9, ‡
...
A Threshold Problem: The Reluctance To Report
Most students do not report bullying to adults. Surveys from a variety of countries confirm
that many victims and witnesses fail to tell teachers or even parents.10 As a result, teachers
may underestimate the extent of bullying in their school and may be able to identify only
a portion of the actual bullies. Studies also suggest that children do not believe that most
teachers intervene when told about bullying.11
“If the victims are as miserable as the research suggests, why don’t they appeal for help?
One reason may be that, historically, adults’ responses have been so disappointing.”12
In a survey of American middle and high school students, “66 percent of victims of
bullying believed school professionals responded poorly to the bullying problems that
they observed.”13 Some of the reasons victims gave for not telling include:
• Fearing retaliation
• Feeling shame at not being able to stand up for themselves
• Fearing they would not be believed
• Not wanting to worry their parents
Having no confidence that anything would change as a result
...In
fact, in comparing schools with high and low bullying rates, some research suggests
that a principal’s investment in preventing and controlling bullying contributes
to low rates.6...



http://www.cops.usdoj.gov/Publications/e07063414-guide.pdf
Or this one:

Between 1 in 4 and 1 in 3 U.S. students say they have been bullied at school.


  • Disconnect Between Adults and Youth:[SUP]6[/SUP]
    Hide >>
    There is often a disconnect between young people’s experience of bullying and what the adults see. Also, adults often don’t know how to respond when they do recognize bullying.
    28% of U.S. students in grades 6–12 experienced bullying.[SUP]9[/SUP]

    20% of U.S. students in grades 9–12 experienced bullying.[SUP]10
    In one large study, about 49% of children in grades 4–12 reported being bullied by other students at school at least once during the past month, whereas 30.8% reported bullying others during that time.

    Evidence suggests a large discrepancy between teachers’ and students’ reports of
    intervention with respect to bullying. In one study, 70 percent of teachers believed that
    teachers intervene “almost always” in bullying situations while only 25 percent of students
    agreed with this assessment (Charach et al., 1995). A number of reasons exist for this
    discrepancy:
     School staff is generally unaware of the extent of bullying in school.
     Bullying is often hidden from both teachers and parents.
     School staff has not been trained to understand the dynamics of bullying or to
    intervene and know what to say or do. Lack of intervention by school staff may
    inadvertently make the bullying worse because it implies that the behavior is
    acceptable.
     School staff may believe or perceive bullying to be a normal rite of passage,
    dismiss it as teasing, or believe children should learn to solve their own
    problems.


    [/SUP]

http://www.stopbullying.gov/news/media/facts/#listing

That's a lot to try to go through, so I tried to highlight the more relevant material. It is clearly apparent that not only is bullying prevalent, but students widely perceive teachers and administrators as doing little to address the problem. Teachers and admins, of course, disagree on that point. You interact mainly with school teachers and administrators who by every measure out there seem to often dismiss directly observed bullying as something else. While 70% of teachers thought they "almost always" intervened, 75% of students disagreed.

Yeah, that's pretty much where we are and as long as nothing changes on the school end it will remain that way. School folks will go on thinking they don't have a problem at their school and that they act appropriately when it does. Parents and students will go on knowing better.
 

TheAccountant

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http://www.cbs46.com/story/25306800...-camera-allegedly-abusing-special-needs-child

Dr. J said she warned Principal Jermain Dawson during the first week of school about problems in her classroom.

"I had gone to the principal on three separate occasions," she said.

From Feb. 21 to Feb. 24, 2014, Smith's camera captured Coleman allegedly choking a child, then repeatedly striking that child. The video shows Coleman strike the child so hard, one time, that the blow knocked him out of his desk.
That child is Courtney Whaley's son.

"It was just devastating to me to see the video - for somebody to hurt my son like that," said Whaley.
Whaley said school officials never told her or the other child's mother, Sherry Cheely.
"I was never made aware of the situation. I found out through the Department of Family and Children Services (DFACS). The school hid everything from me," said Cheely.

Smith is caught on camera allegedly abusing Cheely's son. Dr. J said school officials didn't act on the abuse until after she called the police.
 

NationalTitles18

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http://www.cnn.com/2009/POLITICS/05/18/siu.schools.abuse/index.html?_s=PM:POLITICS

The GAO, the investigative arm of Congress, found that state laws governing the treatment of the more than 6 million children classified as having "special needs" -- conditions including autism and Down syndrome-- are patchy at best. Teachers and school staff frequently lack training in correct restraint methods, and in some cases, where improper restraints led to injuries, teachers often kept their jobs.
Only five states keep track of incidents where special-needs students are separated or restrained. Parents contacted by CNN commonly said they were not told their child was being disciplined until he or she began to behave badly at home -- a sign of trouble at school.
When confronted with complaints, school systems sometimes sought to minimize or deny the allegations, even after public investigations found the charges to be true. And parents told CNN that when they got into a dispute with the teacher, their child was made to suffer as retribution.
Some of the most disturbing reports concerned the use of seclusion rooms. Experts have long recommended that children should only be isolated when they pose an immediate threat to themselves or others. But CNN found that isolation was often used as a punishment by teachers to compel the students to follow instructions
http://www.cnn.com/2009/POLITICS/05/18/siu.schools.abuse/index.html?_s=PM:pOLITICS.
It's well documented that children with disabilities are at risk for bullying by other students. But it's not just kids who can be cruel. Teachers and administrators also disproportionately single out disabled students for violent punishment in the name of discipline.
http://www.greatschools.org/special-education/other-disorders/1596-abuse-of-kids-with-disabilities.gs
And this one really highlights the problem:

A 2011 study conducted in Ontario schools explored the prevalence of teacher
bullying and abuse, characteristics of teachers and students involved, and the
impact on students, teachers and co-workers.
The study revealed between 2-11
percent of teachers were observed bullying students in general education
environments even when they were aware they were being observed by pre-service teachers (interns).
In fact, more than half of respondents said they
observed teachers firsthand bullying or being abusive to students, though most
reported being afraid to report the incidents fearing reprisals.

When students with severe autism in a Texas school were allegedly forced to put
vinegar soaked cotton balls in their mouths, Texas Education Agency officials
stated that this did not necessarily constitute abuse because education code in
the state differs from criminal code. Teachers, they say, have discretion to
handle difficult behaviors as they see fit. While it is best practice to have
strategies outlined in a Behavior Intervention Plan (BIP) and approved by
parents, it is not a legal requirement.
In fact, in Allen Sagan v. Sumner County Board of Education, (6th Cir., 2012) the
court found the families of five unrelated children with disabilities failed to support
claims that a teacher abused the students. The decision states:
“Making matters worse, appellants fail to offer a cogent argument for how the
record evidence supports triable issues of constitutional violations for any of the
five children. To demonstrate that a teacher's conduct violates a student's
substantive due process rights, the student must show that "the force applied
caused injury so severe, was so disproportionate to the need presented, and was
so inspired by malice or sadism rather than a merely careless or unwise excess
of zeal that it amounted to a brutal and inhumane abuse of official power literally
shocking to the conscience."
A 2004 report surveying 200 teachers’ attitudes toward and knowledge of
maltreatment of children found most reported being unaware of the signs and
symptoms of child maltreatment, did not understand reporting procedures, felt
school administration would not be supportive, and were in disagreement with
their legal role as mandated reporters. It’s important to note this study primarily
looked at teachers’ role in reporting suspected abuse occurring outside of school.
It is reasonable to assume that if school administrators discourage teachers from
reporting suspected abuse in the home, they may be at least as reticent to have
educators report suspected abuse by their colleagues in the school setting.

http://nationalautismassociation.org/wp-content/uploads/2013/01/CamerasWhitePaper.pdf
Wrightslaw.com has a lot of info on the subject: http://www.wrightslaw.com/info/abuse.index.htm

The school did not protect this girl. The school is on notice about many other kids who are being bullied, yet they did nothing until news of the girl’s suicide broke.“The state Education Commissioner Mitchell D. Chester is “calling on every school to ‘be clear’ about the ‘conduct and consequences’ of bullying … “We encourage schools to take this on.”“To be clear about the conduct and consequences of bullying?” Consequences? There are no consequences when schools don’t protect kids.“We ENCOURAGE schools to take this on?” If they feel like it? The state Education Commissioner doesn’t ORDER them to change their ways?Sickening. We hate to think what Phoebe Prince’s parents are going through now, and for the rest of their lives. We don’t have a sense that the Education commission, Chairman, or other administrators understand or care what this does to defenseless kids.- See more at: http://www.wrightslaw.com/blog/?p=2318#sthash.lUMygdB0.dpuf
http://www.wrightslaw.com/blog/?p=2318
Hundreds of angry parents, worried teachers and even terrorized kids are reporting ugly episodes of brutal bullying at schools across Massachusetts as the heartwrenching case of Phoebe Prince continues to expose a painful nerve
http://bostonherald.com/news_opinion/local_coverage/2010/02/bullied_kids_%E2%80%98helpless%E2%80%99_against_attacks
We told the school and the school did nothing.”That’s the common refrain I’ve heard over and over since news broke of the apparent suicide of 15-year-old Phoebe Prince of South Hadley, who was relentlessly hounded by high school bullies.
Incredibly, her tormentors remain in class, protected by the school. Yet in conversations with parents and in more than 100 voice mails and e-mails, I learned that protecting bullies, not the bullied, is hardly unique to South Hadley. It’s now the rule in our schools.
http://bostonherald.com/news_opinion/columnists/2010/02/parents%E2%80%99_pleas_fall_deaf_ears
http://www.wrightslaw.com/blog/?p=3668



Conclusion
Although most professional educators are ethical in their conduct, bullying of
students by teachers needs to be recognized as a problem. Even if only a few teachers
engage in this behavior within a school, the consequences for school climate and for
fulfilling the institution’s educational mission are profound.

Perhaps the most troubling finding of this investigation is perceived institutional
collusion through inaction when bullying incidents are known. The apparent absence
of policies and procedures to address the problem should give us pause. The many
caring educators who must tend to the casualties of abusive colleagues whose egregious
conduct goes unchecked can only place a serious damper on school climate and morale.
Sadly, in the absence of an effective institutional response to bullying, a small number
of bullies can do enormous harm.
http://standupforstudents.com/blog/.../12/teachers_who_bully_students.239164537.pdf
and one more: https://www.facebook.com/NoMoreTeacherBullies
 

TIDE-HSV

Senior Administrator
Staff member
Oct 13, 1999
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Huntsville, AL,USA
Texas is the same. We see a lot of recordings in family law where one person is clearly egging on the other. Heck, here a parent can record his/her child without either party knowing because it falls in here realm of "parenting".

Some states require both parties to have knowledge I believe though. It's still ridiculous charges would actually be brought for it though. You'd hope the ADA would have common sense/ decency.
I think the fault line lies along "all parties" and "one party." Alabama is a "one party." Pennsylvania is an "all parties." Of course, if there are only two, then that is "all parties." I've used it to my advantage before, in one shopping center eviction. (We'd tried to evict them ten years before, only to appeal a summary judgment all the way to the Alabama Supreme Court and lose - not on the merits but on the technical issue of summary judgment.)
 

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