Videotaping Child??

She recorded him on her personal cell phone? I'd talk with the principal about it. When my kids were in school I had a form that I could either sign or not that gave permission for their image to be filmed or photographed other than the usual school concerts and plays. I would have been livid to find out that a teacher used her own personal device to record my child.

Legally I think she is okay, we are allowed to film people in public places. But, I don't know what the school rules on it would be. I would talk to the teacher, chance are she may have made the film simply to show to you since many parents are quick to believe their perfect angels can do no wrong (I am not saying this is you at all, just that many parents she deals with likely are that way). Withhold judgement until you talk to her, and at that time let her know if the filming made you uncomfortable.

I understand being upset...I would not like it either. I do not know what the law is on that. I know there are things like "...a reasonable expectation of privacy" and so on, and that there was controversy a while ago in NY over backpack searches....I don't know. It's complicated!

I am assuming the teacher showed you the video?

First, I wished you came to us asking for help to discipline your out of control kid. I would have hoped your first sentence would be that you are embarrassed rather than seething. Here's some food for thought:

Maybe you should ask that your very misbehaved son, sit at a table ALONE

Maybe that's exactly what he needed, to be embarrassed

Maybe she pretended to video tape so he would knock it off

Maybe she lost her good judgment because she can't take it anymore

Maybe you should go straight to her and ask her

Parents need to get serious about disruptive children. I'm sick of my well disciplined kids learning bad behavior from other kids. Somethings gotta give.

I can see being annoyed and defensive but I would nicely email the teacher and tell her what your son said. Ask if it's true bc it's possible it's not and then say, if he is correct, would you please tell me why you taped him? What are you planning to do with the video? Be very nice and maybe she'll have a reasonable explanation. And remember that teachers are people. Sure, you are working with your son but it's November and she has to deal with his misbehaving every day. I'm sure she's sick of it. Imagine if all the kids were like this... So cut her some slack just like you would like her to cut your son some slack and likely she already has.

Did you actually talk to the teacher and confirm this or did you only get your son's side of the story?
Really, until you know EXACTLY what happened there is nothing to be "seething" about.
So talk to the teacher and go from there.
You are an adult, you should know how important it is to gather all the facts before getting angry and making judgments.
Right?

Here, in the school system my kiddos are in...when ALL of those forms come home at the beginning of the school year, there are usually some forms regarding photography and/or video that come home. (It has become even a bit trickier now that our district does a LOT of forms on line now...).

I would check to make sure that you gave a release for this (and you may have)...but also, perhaps take a step back...and try to 'see' this as an opportunity to 'see' his behavior in real time...and use it as a teaching tool opportunity.

If *you* can take a step back from the idea he was taped...perhaps it can be a tool to come up with some strategies to deal with his 'poopy' behavior!

***That was a statement to get you laugh...BTW!!***

best!

I'm not exactly sure why you are upset. Do you know for a fact that the teacher recorded your son's actions? Maybe she recorded your son to show him how foolish his behaviour looked, or maybe she thought that he would cease behaving that way if he thought there would be evidence. I would explain to my son that everything he does in public is public, and can be recorded, and if he doesn't want to look foolish in public he needs to stop behaving like a fool. It would be upsetting if she put the recording on Youtube for the world to see for all of eternity, but if she was just collecting evidence for you or the principal, or trying to get the behaviour to stop, then I am baffled as to why this would be an issue for you.

Sometimes people respond better to change when they can see their own behavior. This method has been used on adults as well. People often don't realize what others experience around them. It could be for your son's behavior action plan.

That's the most logical assumption, but still just a guess. The video might be for you to view privately. Otherwise, I don't see the point in taking a video unless it is going to be used. You'll have to speak with the teacher to know for use.

With whom are you seething? The teacher or with him?

You say, "He typically gets off of the bus and immediately gives us a rundown of his day without us even asking". He is seeking attention!

Why are you more concerned about reprimanding the teacher rather than reeling in your son's misbehavior?

Your son knew that you would react this way. He also must have been very naughty on the alleged video and is now trying to minimize that.

Rather than look for a legal loophole, look into your son's behavior.

Perhaps she made him think that she was video taping him to get him to better behave.

Maybe you should tell your son to leave the potty talk in the bathroom and not use it in the lunchroom or at any meal time.
Maybe the thought of being recorded might help keep your son from acting the fool - but it might backfire - some kids will play up to a camera.

I think you should calm down.
Part of you is embarrassed by his behavior.

Do you know for sure your son was recorded?
Maybe she was texting something and not recording?
When you can talk calmly, have a conference with the teacher and hear her side.
Something like:
"My son came home saying he was being silly at lunch and he thought you took his picture. We've been working with him about minding his manners at meals but it's a work in progress. You didn't really take his picture, did you?".
And then listen to what she says.

I'm sure the teacher doesn't believe everything your son says about what goes on at home either.
It's not that kids lie but what they see going on around them is not always an accurate perception.
Kids don't develop an inner filter for awhile and they just blab everything that comes to mind and/or parrot everything they've heard.

I wonder if she recorded it to show you how bad his behavior really is?
I wonder how your son would know that she recorded him? Did she tell him? Or did he just assume she was because she had her phone out?

Have you just ASKED her about it? Perhaps there was a very good reason for it. None of us will know why she did it. All we can do is speculate.

I think a lot of people are confused about what the photography and videography consent forms the school sends home mean. These forms are not about permission to TAKE photos or video of your child, they are about USE. You either sign and give the school permission to use photos and videos of your child publicly, such as on the school's website, in newsletter or newspaper articles about the school, an event, or an activity, or printed and used within the public spaces of the building.
Even without a signed consent form, a teacher may photograph or record your child for use within the classroom. Photos posted in the classroom do not need consent. Videos used within the classroom only, such as recording a class play or recording public speaking to play back within the classroom do not need consent. Only when they are used publicly, for marketing or publicity purposes does the teacher/school need your consent.

We have conferences next week. Are yours coming up too? Maybe she recorded him acting up at lunch to show you that his behavior is actually a bigger problem than what he is self-reporting. Maybe she did it so she could show her superior or a collegue the behaviors to get some better ideas for addressing the problem. Maybe she did it so she could show him just how poor his behavior looks from the outside. Maybe she didn't do it at all.
I would stop "seething" since she has broken no laws unless you find a video of your son on the school's website or on their Facebook page AND you didn't sign the consent form at the beginning of the year. Simply recording your son isn't against the law, regardless of whether she did it on her private phone, the school's camera, a borrowed camera, whatever. Send her an email, politely worded, asking if she did record your son at lunch, as he believes, and if so for what purpose.

Instead of getting angry, pondering legalities, and preparing for attack, just ask. It will bring out the reality of the situation quicker than anything.

A.S.

Whoa....take a step back aclam down. I get that you are upset. However, you need to talk with the teacher - not TO - but WITH - the teacher to figure out what was going on and WHY she recorded him.

Request this meeting with the school principal. Talk it out and figure out what is going on.

Your son is open and honest with you - that's a great thing!

WHAT was your son doing?
Does he have impulse control issues?
Did the teacher ask him several times to pipe down?

You really need to talk with the teacher and the principal....but BREATHE before you go off half-cocked...it won't help anything...

good luck!

I think you need to get the facts before you seethe. Your child has given you a report but he is a child. You have no idea what really happened here yet you have jumped to some major conclusions. Was she taping anyone at all? Was it him? Was it her PERSONAL phone or a school phone? What was the reason? How will the video be used, if at all? Maybe this would be extremely helpful as a learning tool for your son and as a consultation piece for other staff and for you?

He gives you a run down every day of what he did well and what he did wrong? So he knows when he's doing the wrong thing, or only afterwards when he is spoken to? If you've been speaking to him many times but he still talks about poop and it gets out of hand, then maybe the verbal discussions don't work for him. Maybe a visual study of the situation would be very helpful.

And did you sign anything about photography early in the year? Many schools do that and it's one of 20 forms in the backpack or parent handout, that then you forget about.

The thing to do is not to seethe. You calmly call the office and ask to speak to the principal, guidance counselor, or school psychologist. You explain that your son reports that he was been videotaped by a phone. You don't claim that he WAS, you simply state that he is under this impression. You ask if this is true and if so what the purpose was, how the film will be used. Ask if this is part of a conference that will be held with you. Try to do this is a totally calm and business-like voice. Then stop talking, don't jump in with objections, just hear the responses. There is plenty of time to be furious if there's some violation. But your child has no protection from observation by staff - there's certainly a protection from publication or internet use of films or photos unless a release is signed, but otherwise how is this different from a written report? With all the he said-she said comments we get on Mamapedia, I would think you would be thrilled to see an actual video of your child's behavior - if that's what this is - to be sure that you and the school are on the same page and saw the exact same thing.

I'd stop in and ask her what her intentions are with the tape. She might be saving an album of things she wants to show you.

Unless she posts them somewhere his privacy isn't really violated, the enrollment papers probably have something in them regarding taking pictures and videos of him. That doesn't just mean a professional camera nowadays, so they can put pictures in a year book with candid shots. It means any means to take a picture regardless of who owns it.

Our person who took pictures for the kids yearbook used her own professional camera plus a video camera plus her phone and more.

IMO, this is a question to ask both the teacher and the administration. Further, if you are have not yet met with the teacher to discuss his behavior in person, you should. I would ask her about the video directly. You should also consider talking to the principal (esp. about the video, which I would insist she delete) and the school counselor.

First of all I am not an attorney, so I can't answer a legal question.
But...
It is my understanding after the Patriot Act we no longer have an illusion is privacy, especially in public. In many locations we are on camera all the time. We have traffic cameras, ATM cameras, cameras to watch for shoplifters ...etc. Many homes and neighborhoods have security cameras mounted all over the place to watch and/or record prowlers and burglers.

As far as your son's behavior is concerned -- yep he is that age when poop, pee, butts and penises are his chosen topics of conversation. I have 3 grandsons, brothers, who are 5 - 6 - & - 7 yrs old, they have lots of giggly fun discussing bodily functions. My best advice -- ignore it. If he sees he is getting lot of attention it will continue. If he brings it up look bored and yawn and tell him poop is boring and ask what else happened at school today.

You have his word for it that she filmed him. Kids get things wrong. I'm not saying he lied. I'm saying that kids get things wrong.

Please talk with her directly. This is one time I would not communicate about details via e-mail or phone, but would e-mail her today and ask to see her Monday morning before school starts. Explain to her simply that "My son said there was an incident late this week that I need to discuss in person as soon as possible. I will come in on Monday at 8:00 to see you. If that's not a good time, please let me know what time to come in before school on Monday. I'd like to see you before the school week begins so that we can both assess how to proceed next week."

Something cool and polite along those lines.

It sounds as if your son freely and pretty accurately tells you what goes on, which is a very good thing (I disagree with the post below that he's merely seeking more attention by reporting things to you. I would wager that you have made clear that "It will go MUCH worse for you if you lie or don't tell us what goes on, than if you tell us up front what has gone on at school, even if you got in trouble." Right?).

Anyway, even if he's good about reporting stuff, he may indeed have thought she was filming when she was not. Did he say that she actually then showed him the recording of himself? If not, she may not have been filming at all. That's why you need to talk with her.

She may have the legal right to do this and may do it with other kids. You may have signed away the right to say "You can't film or photograph him" depending on what release forms you might have signed at the start of the year. Or...she might be an inexperienced teacher who is into using her phone and who on the spur of the moment unthinkingly whipped it out to document behavior. Why would she do that? Consider that either she had a sudden notion that if she could show him (or maybe the school counselor?) his own actions, it could help her reach him better about his behaviors. Or she might have recorded him out of frustration that he continues with certain behaviors despite your discipline at home and hers in the classroom. Either way, wait to hear her side of it.

Please take care not to charge in there and accuse her of filming him when you have only his word for it and he may be mistaken. Or she may do this with other kids and be well within her legal rights. But even if it turns out she shouldn't legally have filmed him, what was there about his particular behavior at THAT exact moment that made her feel she needed a record of it? That would be my concern and my question for her -- more than the legal issue. Frankly, if you go in there focused just on legality, you are going to come across to her and to the school administrators as concerned with legality and not with his behaviors. We know you are indeed concerned and do discipline him at home, so take care that you don't give a wrong impression of what your priorities are here.

I also would strongly recommend that you get the school counselor involved if you haven't done so already. The counselor's job is to help with behavior and how kids make choices. Many elementary counselors hold regular classroom lessons and you could suggest to both the teacher and the counselor that there be a counseling lesson (for the entire class so no one is singled out) on appropriate subjects for talk. You also could set up regular counselor visits with your son, if he seems to make bad choices that are going beyond poop-and-pee talk. This is what the counselor is there to do, and he or she should be working with you and the teacher too.

Well, I get why you're mad. And if you signed a form at the beginning of the school year that allows it (albeit, for a purpose that you didn't foresee), then you probably have no recourse. But...

Now's the time to change the way you are working with your son. He is enjoying the fact that he can give you a blow-by-blow report of his day and he doesn't get in trouble with you. (Whatever you are doing to discipline him is not enough...) Time to up the ante in a big way.

If you don't want this filming done anymore, go in to the office and ask for papers to sign that prevent it. Sign the paper, have the secretary make a copy of it, and give the copy to the teacher. Tell her that you don't want it done anymore. But, you need to deal with the issue at home more effectively, because what you are doing just doesn't work. Quite frankly, if I were the teacher, he'd be having lunch with ME every day instead of his friends. Perhaps you could ask for that...

No, she cannot unless you gave the rights in writing - usually it is only for school functions etc. I would talk to the teacher to find out what she did with it and might have the principal involved. You sound like a caring, involved parent and you are correct to make sure his rights are not violated like this if permission has not been granted in writing....good luck!

privacy violation, teacher violated your civil rights when he video taped your child without your knowledge or consent. talk to the superintendent, tell them you want the teacher fired or you go to the media..talk to the other parents, i am willing to bet the teacher has done the same thing to the other students, why would he video tape this, unless he was planning on playing it back to the class later? or the teacher has some "fixation" on your son, either way , talk to the superintendent, this guy needs to be fired..K. h.

they school should have sent home a TON of paperwork at the beginning of the school year. one of those sheets was to give the school and people working with the school permission to photograph and video tape your child. (ex: you live in Houston - lets say the Texans held an event at the school, the news media will be there, if you had checked NO on that paper your son would no be allowed to take part because there will be filming involved)
No, I don't think it is okay for the teacher to have done that, My ex-SIL is a Teacher in TX and she takes photos of her "kids" and shares them on Facebook and Instagram, I did tell her that I as a parent would not be okay with that. She said basically tough cookies. that's her class she does what she wants.
I would ask the teacher the reason she recorded him, did she in fact record him or say she was to get him to settle down, (you know the old "I'm going to call your dad" trick) if she did I would demand to see the video then ask her to delete it. if she does not then I would complain to the principal.

At my school we have a photo/video release form all parents sign at the beginning of the year. Its has several different options for parents to check, pictures in yearbook only, photos and videos on class blogs, etc... Do you remember signing something like that at the beginning of the year?

As a teacher I NEVER do any work related activity on my phone. I don't even check my work email from my phone, my personal table, or my personal computer. The reason being, if you do, and then for some reason you are ever taken to court, your personal posessions can then be taken, gone through, and used as evidence. This happened to a boss of mine a few years ago. There was a big, ugly mess between she and another staff member that she had fired (and the staff member that she fired took her to court saying it was unjustified, and won.) Because some emails had been sent from her phone the cops came and took it, and then several pages of texts, facebook posts, pictures, etc were taken from it and used as evidence in court.

That's a bit creepy, I agree. Unlike the previous posters, I can't really think of a "good" reason why a teacher would record a student on his/her personal cell phone, and my mind immediately wonders what she/he would do with the video as well.

First, I would find find out if it's true (with a non-defensive email) and then go from there. I doubt it's against the law, but I don't think the administrators of the school would want a teacher recording video of a student on their cell phone for no good reason.

And a bunch of 7 year olds talking about poop at the lunch table isn't good manners, but it's hardly a major crime. Surely an elementary school teacher has the tools to handle the behavior without getting to a point where she "she can't take it anymore" and loses it, like one poster responded, lol.