9199Re: [WWWEDU] Emergence of Citizen's Media
- Dec 6, 2006At 12:51 PM 12/4/2006 -0800, Nancy Willard wrote:
>Interesting provision. Could set up a very interesting situation. IfAs far as I know (without researching the legislative history), the
>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?"
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 femaleShould they? Common sense says, of course not.
>students in a highly inappropriate sexual manner. Should a student be
>suspended for capturing an incident of this nature on her cell phone video
Can they be? Apparently so.
>Perhaps we should consider a law that makes it a misdemeanor for any citizenDifferent set of facts, different situation. Police have far greater
>to capture video evidence of a law enforcement official engaging in a
>violent act because this "disrupts law and order."
range of authority than teachers do, in my opinion and can wreak much
more havoc with abuses of authority.
Second/Third Grade Teacher
San Jose, California
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