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9199Re: [WWWEDU] Emergence of Citizen's Media

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  • John Lindner
    Dec 6, 2006
      At 12:51 PM 12/4/2006 -0800, Nancy Willard wrote:
      >Interesting provision. Could set up a very interesting situation. If
      >students believe a teacher to be abusive and the school unresponsive to such
      >abuse and the students seek to obtain video evidence of such abuse for the
      >purpose of getting the school to stop the abuse, how can this be considered
      >"disrupting and impairing the teaching process and discipline?"

      As far as I know (without researching the legislative history), the
      section of the CA Ed Code regarding "electronic listening or
      recording devices" pre-dates cell phones: it was passed years ago
      regarding audio tape recordings.

      If schools are unresponsive there are other district-based channels
      that students can pursue; but I think this section is meant to avoid
      getting into a conundrum of not having respected the right to not
      self-incriminate oneself: how can one avoid this if one doesn't know
      a recording is being made. Of course, the best way to avoid that is
      to not *be* abusive in the first place (i.e, to act professionally
      and with a sense of ethics); and the second best way is to have
      administrators who are routinely monitoring what's going on in their
      classrooms and on their athletic fields.

      >So let's consider another example. A coach regularly interacts with female
      >students in a highly inappropriate sexual manner. Should a student be
      >suspended for capturing an incident of this nature on her cell phone video

      Should they? Common sense says, of course not.

      Can they be? Apparently so.

      >Perhaps we should consider a law that makes it a misdemeanor for any citizen
      >to capture video evidence of a law enforcement official engaging in a
      >violent act because this "disrupts law and order."

      Different set of facts, different situation. Police have far greater
      range of authority than teachers do, in my opinion and can wreak much
      more havoc with abuses of authority.



      John Lindner
      Second/Third Grade Teacher
      San Jose, California
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