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And People Wonder Why the US Education System is Failing

by SteveJohnson
14 replies
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this is ridiculous:

Special-Ed Student Records Bully, Gets Charged With Disorderly Conduct

I have nothing but contempt for the administrators, police, and court system that was involved in this.
  • Profile picture of the author seasoned
    How is that wiretapping? BA....? If they wanted to go there.... GIVE ME A BREAK! Of course, even disorderly conduct doesn't fit.

    One of the hardest parts in a case such as this is communicating what happened. The old "he said she said" type deal. People have spent HUNDREDS OF YEARS sometimes trying to find the truth. And autistic people would have that much more trouble doing it. HEY, if he can use his ipad to help him, MORE POWER TO HIM! BTW I CHECKED! One party acceptance is ALLOWED in Ohio!!!!!!!

    Video Surveillance Laws in Ohio | eHow

    The very fact that he did it should be accepted as acceptance if he releases that to that end REGARDLESS of how they view his competence! But they OBVIOUSLY feel he intentionally did this if they are hauling him into court and calling him names!

    In short, they can NOT charge him for doing this because it is ILLEGAL to charge a person for wiretapping if THEY are one of the subjects and not using it to create a crime.

    If he videotapes others in this situation, consent can probably be assumed, but he could get that.

    Steve
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  • Profile picture of the author Dennis Gaskill
    Originally Posted by SteveJohnson View Post

    this is ridiculous:

    Special-Ed Student Records Bully, Gets Charged With Disorderly Conduct

    I have nothing but contempt for the administrators, police, and court system that was involved in this.
    Me too. Most, if not all of them, should be fired. If I had the power I'd be looking for things to charge them with.
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  • Profile picture of the author Paul Myers
    Would someone explain to me how there is any "expectation of privacy" in a school classroom?

    Even if you make the argument that the students could not, as minors, give consent, it's still an absurd basis for a criminal charge against another minor.

    Anyone want to bet the recording was deleted so the school couldn't be sued? I'll bet the teacher couldn't claim any reasonable expectation of privacy.

    Hmmm... I wonder if whoever deleted that recording could be charged with destroying evidence?


    Paul
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    • Profile picture of the author Dennis Gaskill
      Originally Posted by Paul Myers View Post

      Would someone explain to me how there is any "expectation of privacy" in a school classroom?
      I wondered the same thing.
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      Just when you think you've got it all figured out, someone changes the rules.

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    • Profile picture of the author seasoned
      Originally Posted by Paul Myers View Post

      Would someone explain to me how there is any "expectation of privacy" in a school classroom?

      Even if you make the argument that the students could not, as minors, give consent, it's still an absurd basis for a criminal charge against another minor.

      Anyone want to bet the recording was deleted so the school couldn't be sued? I'll bet the teacher couldn't claim any reasonable expectation of privacy.

      Hmmm... I wonder if whoever deleted that recording could be charged with destroying evidence?


      Paul
      Well, MANY "Teachers" see it as THEIR domain, themselves as GOD, and don't want such things.

      The students, ESPECIALLY as minors, use this as a way to balance the scales so people will listen to them. There is a word for a person(natural or otherwise) levying some force(legal, mental, emotional, or physical), and denying the other a reasonable remedy or assistance to level the field. That word is BULLY!

      Well, with deleting the recording, I guess if they left evidence that THEY did it, they COULD have something to explain, but it makes you wonder if anything was there. It is IMPOSSIBLE to be SURE you deleted something though. They actually have some apps and devices that almost do a kind of backward streaming. Try deleting THAT, and you probably COULD land in jail for tresspass, vandalism, tampering with evidence, etc.... By the time you deleted the file, it could not only have transferred THAT data, but evidence that YOU did it. I'm going to have to get the names of some of those, because this kind of stuff is happening ALL OVER!

      Steve
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    • Profile picture of the author MikeTucker
      Originally Posted by Paul Myers View Post

      Anyone want to bet the recording was deleted so the school couldn't be sued? I'll bet the teacher couldn't claim any reasonable expectation of privacy.

      Hmmm... I wonder if whoever deleted that recording could be charged with destroying evidence?

      Paul
      I keep coming back to this thought:

      Technology is going to solve this problem,
      just as the Internet solved so many others.

      Eventually, the ability to record video and stream it directly to the web
      where it can be recorded, stored, and shared by millions is going
      to be widely available to almost everyone.

      When this happens, administrators, police officers, etc. will no longer
      be able to confiscate video and stop it from being shared across all
      social media-- and attempts to suppress it is going to result in
      large-scale backlash.

      And when that happens, it's going to be a lot more effective than
      just the story, which I never would have known about were it not
      for this thread?
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  • Profile picture of the author HeySal
    Of course, they did, Paul. The teacher obviously doesn't want to upset the parents of the bullies by penalizing the perps, either.
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    Sal
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  • Profile picture of the author MikeTucker
    From the article:

    ...administrators decided to call the police, who threatened the 15-year-old boy with felony wiretapping, but later reduced the charge to disorderly conduct. He was found guilty on March 19.
    Recording laws vary from state to state, but Pennsylvania is one of just 12 states that require the consent of all parties involved. In the remaining states, consent is not mandatory as long as the person recording is present during the conversation.
    The bullies were never punished.
    Absurd.
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  • Profile picture of the author yukon
    Banned
    Funny how the school issued computers that allow anyone to record a conversation, only it's against the law according to the school. With that logic the school is responsible for supplying a minor with wire tapping equipment.
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  • Profile picture of the author yukon
    Banned
    Originally Posted by Ken_Caudill View Post

    I am sick of all the whining about bullying. Buy a taser, a pistol, a baseball bat or whatever and just shut up.
    That's what the teacher said.
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  • Profile picture of the author MikeTucker
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