Video Without Audio Taken on Special Needs Bus by Student...

Updated on June 08, 2012
J.U. asks from Indian Head, MD
9 answers

I have a legal question for you all...My son rides on a neighboring county bus to his school which is about 1hr 40 min ride. The children are deaf and are taken to a special school for the deaf. They are allowed to bring I PODs, cell phones etc. along for their ride, I guess because of the long ride? My son doesn't bring anything like that on but, all of the other students do.

A 7 year old had her I POD on the bus and she shot video (I believe it was innocently done as it is a feature on the I POD) and she just so happened to capture some very unsettling things. This was done several weeks ago. She was showing her county bus driver and aide who take her to the bus stop to meet this neighboring county bus her dance videos. The video of the bus ride came up and the aide and bus driver asked to see the video. They were very surprised to see what they saw. The little girl said her mom knew about the video, but I contacted her mom later and she had no clue and was surprised that she would even think to do that.

She insisted on showing myself and another Mom at the bus stop (I couldn't see my son at all in the video) As she was showing us the other bus pulled up at the stop. She saw we were all huddled watching her I POD and once she got on the bus the driver asked to see the video. Per the child, the bus driver told her to take more video (I am assuming in a sarcastic manor). I say sarcastic because that afternoon one of the children that was mistreated on the video was kicked off the bus. This was not the child who took the video. The bus driver was very nasty had almost a teenager bad attitude when I picked my son up yesterday afternoon, so I asked her, "Is there a problem? I notice a huge change in your demeanor with me?" She answer with attitude, "Nope, everythings fine." At that time I was unaware that she had seen the video.

This morning is the last day of school. My son insisted on going. I wanted to keep him home but he hand made cards and we got gift cards for his teachers, he really wanted to make sure they got them. I do not believe that they will lay a hand on my son as he can communicate verbally as well as sign. He will tell me or the school if something has happened. The only children they acted out on were the only 2 children who can't really communicate.

The kids have a 1/2 day today so, I wanted to see what time I should be at the bus stop and again the driver had this childish attitude. I know that my child will not have this same bus driver or aide next year because every year the route is contracted out. Also, I have worked very hard this past week and have been able to arrange for an IEP meeting to have our County transport our child and another to the school directly. (Keeping my fingers crossed, that would significantly decrease his time on the road)

I asked the mom of the little girl who took the video, (I am friends with her) if it was possible to get the video e-mailed to me as I believe it will be useful in getting our County to step in. They are insuring our children to ride on a different County bus so I think they should be aware. Also, I would like to hold these people accountable for their actions. I want to go about it the right way meaning I don't want this little girl or her family to suffer any consequences. The mom said yes, but I think she is concerned if it was illegal to do.

What I saw was complete lack of control on the bus and the aide just sat there doing nothing while children were standing on seats laying in the isle etc.. The bus aide took one little girl by her backpack (she had it on) and tossed her in a seat. She is seen visibly yelling at a bus of deaf children after. Then just sits again without trying to properly restrain the children in their carseat/ harness. I want to add that these children are 5 & 6 years old.

My question is, was it legal for this little girl to take video without them knowing? As I said, there is no audio.

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T.M.

answers from Redding on

If the video is as you say, I'm sure it will cause quite a stir when exposed to the media. Make sure you are up for that, sounds like you are tho.
Good luck.
The special needs bus that picks up several of my autistic minor tenants, I think that driver is a biatch too.... she sits in the parking lot honking her horn endlessly if the moms arent out there with the kids on time. I've asked her not to do that but it pretty much has fallen on deaf ears. One should not take a job working with difficult people if one does not have the attituded for it.
I bet that vid would go viral on youtube, just sayin.

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D..

answers from Charlotte on

I admit that I couldn't follow everything you wrote about this. No matter. I'd get that film to the local television station. That bus driver and the bus aide need to be fired. What does the aide think she is being paid for?

Make sure that there are plenty of copies of this video.

Dawn

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J.W.

answers from St. Louis on

Yelling at deaf kids, that's productive. :(

She was taking video of her friends on the bus. That is the same as taking video of a party at school or whatever. Whether it would hold up in court depends on your state laws.

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L.P.

answers from Dallas on

Kids take video all the time. Besides adults shouldn't be doing anything inappropriate.

I read the other responses after I posted. Nothing productive would come from going to the media. I didn't catch that in your question either. I would show it to school administration and to get the serves you need for your child. There are proper channels to go through. I would imagine the transportation supervisor could handle it. After that, the administration office.

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J.L.

answers from Minneapolis on

It is probably not illegal. In most states, as long as everyone is either in a public or open place. Think about it, vacationers don't get arrested when they get pictures of strangers in the background. Or how about the last high school football game you were at, you could take pictures of yourself in the stands with your kids and their friends right?

It might be a different story if the bus is considered private property or quasi-public property. It is illegal to video tape in certain places considered private property without permission.

Furthermore it would be considered illegal in most states if it was done secretly and with the intent to "entrap." Because of the risk of entrapment, very seldom is video is admissible for use in court cases and is considered illegal in most, if not all states if it were done in this way (think investigative news story- reporters get in legal trouble often with hidden video stories and often get sued even if they uncover an injustice). Besides location of where it was taped, intent on how this video was taped or will be used would be a big determiner as to whether this is illegal.

For better understanding of the legal term entrapment, read up on something called "Sunshine" laws. The laws differ state to state. While they are mostly created to deal with media cases, they are often applied in cases involving private citizens.

There are some states where buses are equipped with on board video to prevent misbehavior on the part of students and the drivers. And in some of those states, the bus company/school district has the right to tape...but not necessarily the passengers on board if the bus is privately owned.

It's very complicated and you'd probably have to have an attorney in your area do some research into this.

This is why you will find video like this very seldom is permitted as evidence in a court case, yet winds up in the media on the evening news. People wanting to shed light on something will often get frustrated and will resort to giving the video to the media. But this is a risky thing to do...once again...the media can play hard ball once you turn the video over to them and call the shots. Sometimes in cases like that, the media will get burned and the court will issue a gag order so no one can see the video. Especially if this becomes a high profile matter that goes before a court of jurors.

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L.M.

answers from New York on

whether it's legal or not - who cares. You're not trying to go to court - you just want a change. Use it as leverage. Take it to the news, as Dawn said.

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J.S.

answers from Columbia on

Doesn't matter - since your kid isn't on the video, you have very little to say about it - legally.

But Jo's right - you'll need to ask an attorney in your state.

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M.P.

answers from Pittsburgh on

Email this video to every single person of authority-principle, superintendent, owner of bus company,parents, etc. The outrage that it should cause if it is as bad as you say should solve all of your problems.

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B.C.

answers from Norfolk on

Many school buses have surveillance videos.
Video's protect the kids from abusive behavior of some drivers or other adults and it also protects the driver if kids are acting up and fighting on the bus.
I'm surprised the buses being contracted for your area don't have them.
You'd have to ask a lawyer about the video the girl took.
In some cases the person taking the video can get into trouble - like if a beating or fight was staged for the purpose of posting the video on YouTube.
In that case the person recording the video is a participant in the violence even if they never throw a punch.
You just have to find out what your local laws are about it.

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