Wire-Tapping Disabled Children At School A New Trend?

CP  |  By Posted: 04/25/2012 5:39 pm Updated: 04/25/2012 8:18 pm

Akian Chaifetz
Stuart Chaifetz sent his son to school with a wire and posted the recordings on YouTube.

CHERRY HILL, N.J. - Teachers hurled insults like "bastard," ''tard," ''damn dumb" and "a hippo in a ballerina suit." A bus driver threatened to slap one child, while a bus monitor told another, "Shut up, you little dog."

They were all special needs students, and their parents all learned about the verbal abuse the same way — by planting audio recorders on them before sending them off to school.

In cases around the country, suspicious parents have been taking advantage of convenient, inexpensive technology to tell them what children, because of their disabilities, are not able to express on their own. It's a practice that can help expose abuses, but it comes with some dangers.

This week, a father in Cherry Hill, N.J., posted on YouTube clips of secretly recorded audio that caught one adult calling his autistic 10-year-old son "a bastard." In less than three days, video got 1.2 million views, raising the prominence of the small movement. There have been at least nine similar cases across the U.S. since 2003.

"If a parent has any reason at all to suggest a child is being abused or mistreated, I strongly recommend that they do the same thing," said Wendy Fournier, president of the National Autism Association.

But George Giuliani, executive director of the National Association of Special Education Teachers and director of special education at Hofstra University in Hempstead, N.Y., says that while the documented mistreatment of children has been disturbing, secret recordings are a bad idea. They could, he said, violate the privacy rights of other children.

"We have to be careful that we're not sending our children in wired without knowing the legal issues," Giuliani said.

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Stuart Chaifetz, the Cherry Hill father, said he began getting reports earlier in the school year that his 10-year-old son, Akian, was being violent.

Hitting teachers and throwing chairs were out of character for the boy, who is in a class with four other autistic children and speaks but has serious difficulty expressing himself. Chaifetz said he talked to school officials and had his son meet with a behaviourist. There was no explanation for the way Akian was acting.

"I just knew I had to find out what was happening there," he said. "My only option was to put a recorder there. I needed to hear what a normal day was like in there."

On the recording, he heard his son being insulted — and crying at one point.

He shared the audio with school district officials. The superintendent said in a statement that "the individuals who are heard on the recording raising their voices and inappropriately addressing children no longer work in the district."

Since taking the story public, Chaifetz, who has run unsuccessfully for the school board in Cherry Hill and once went on a hunger strike to protest special-education funding cuts, said he has received thousands of emails.

At least a few dozen of those he has had a chance to read have been from parents asking for advice about investigating alleged mistreatment of their children.

It's easy, he tells them.

"It was a simple $30 digital audio recorder. I just put it in the kid's pocket," he said. "Unless they're looking for it, they're not going to find it."

With more parents taking such action, he said, fewer educators may get out of line with the way they treat students who cannot speak up for themselves.

"For the tiny percentage of teachers that do it, I hope that they live in fear every day that a kid's going to walk in with a recorder," he said.

He gives just one caveat: "Make sure it's legal in your state."

Laws on audio recordings vary by state, but in most of the U.S., including New Jersey, recordings can generally be made legally if one party gives consent. Over the past decade, courts in New York and Wisconsin have ruled that recordings made secretly on school buses were legal, finding that there is a diminished expectation of privacy for drivers on the bus.

The recordings have led to firings in several states, criminal convictions of bus employees in Wisconsin and New York, and legal settlements worth hundreds of thousands of dollars in Ohio and Missouri.

Even if it is found to be legal, the recording could have a chilling effect on classrooms, says Giuliani, of the special-education teachers' group. Teachers could worry that every one of their words could be monitored. And a recording could be edited to distort the teachers' meaning.

He said that the rise of the secret recordings suggests it's time to discuss a way to make sure the most vulnerable children are not being mistreated in a more formal way.

"In classrooms where children are nonverbal, unable to communicate, defenceless," he said, "we should start to have a discussion of whether cameras in the classroom are necessary."

That's a move that the National Autism Association's Fournier also says is needed.

___

AP News Researcher Jennifer Farrar in New York contributed to this report.

___

Follow Mulvihill at http://www.twitter.com/geoffmulvihill

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CHERRY HILL, N.J. - Teachers hurled insults like "bastard," ''tard," ''damn dumb" and "a hippo in a ballerina suit." A bus driver threatened to slap one child, while a bus monitor told another, "Shut ...
CHERRY HILL, N.J. - Teachers hurled insults like "bastard," ''tard," ''damn dumb" and "a hippo in a ballerina suit." A bus driver threatened to slap one child, while a bus monitor told another, "Shut ...
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11:37 PM on 05/04/2012
Children and adults with disabilities are often victims of abuse...for many years. This is not new but thankfully parents and caregivers have the technology and social media to catch people that they have entrusted care of their family member. Years ago, a close friend of mine found out her son with autism (also non-verbal) was behaving differently at school. She couldn't get any answers from staff or her son, so she sewed a small tape player in her son's backpack. What she found out was the bus driver and aide were abusing him while on the small yellow school bus. She brought the tape to the school district's bus department and also went to the media (Disability News & Views). She found out that the bus driver and aide were transferred to another route ..but she continued to make a difference for other kids by creating a website and laws for cameras on all school buses. Cameras should be in special education and in all classrooms too! Most people don't like to be caught on camera harming anyone - a good deterrent. Homeschooling is another great viable option for those that don't want to subject their child to abuses or being bullied.
09:36 AM on 04/26/2012
Your child is at risk the minute you drop them off every morning at school - wire tapping is the only way they are safe because no administration will believe you or help you or do anything about any teacher complaints - there is no accountability whatsoever and I am disgusted and fed up!
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Leanne McKenzie
You can't make this sh*t up.
09:17 AM on 04/26/2012
I wonder how many parents have done it, but it turns out alright for their kids.

I don't care if teachers get paranoid and fearful. They need to act like teachers instead of the animals they are. If it takes fear to do so, instead of respect and understanding - that works too.
08:47 AM on 04/26/2012
Unfortunately I have experienced the same type of abuse with my 10 year son with Autism. It eventually and quickly got physical. He couldn't tell me what was bothering him I knew something was by the sudden change in his behavior. I eventually got a anonymous call from a school employee who worked at his school which sadly confirmed everything and more. I file a civil rights suite against the school for allowing him to leave the school grounds on three different occasions without supervision but because he wasn't abducted, hit by a car, mulled by a dog or drowned in the river one block from the school. I had no recourse. The school won. The teacher was just relocated to a nearby school and is teaching special needs kids and the Principle is also still employed by the school board today.
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Cael
08:37 AM on 04/26/2012
Interesting, my post about the teachers union need to step up and show social responsibility wasn't deemed appropriate and not posted.

Proof on who we really protect and it definitely isn't the kids.

Sad HP
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alwaystellitlikeitis
The 47-, er, 99% have spoken.
02:08 AM on 04/26/2012
The problem isn't the "trend". The problem is that it has become necessary to being with.
12:32 AM on 04/26/2012
And to think that teachers like this are molding tomorrow's generation! That teacher should be ashamed and should apologize! Also, it baffles me that the school board just transferred her to a different school! How is that fair?
11:41 PM on 04/27/2012
The teacher is entitled to due process. If she's guilty of violating professional standards she will pay the price. What's important is that there IS a process of looking into the father's allegations. Kind of like the Trayvon Martin case. You can't demand an outcome, just that the legal process be followed. Also, we don't know a lot about Mr. Chaifetz yet.
I am not saying his child wasn't bullied and mistreated. He obviously was. But we don't know exactly who was in the room and who was doing all the talking. I have worked in Special Education and it is possible the teacher was out of the room and really had no idea what the aides were up to behind her back. I have met some horrible aides -- not much training is required, only a HS diploma, many do it for the health insurance benefits and don't' even like children. I've met some lousy teachers, too, but by and large they are OK, if stressed at times.
12:17 AM on 04/26/2012
I find it funny that they are concerned about the child's privacy rights. As far as I'm concerned. Children have no privacy. Everything that goes on in my house is my business. You are my child therefore you are my business. That being said, I think safety is more important than "privacy" and I highly doubt that sending a kid to school with a tape recorder in his pocket is going to hurt the child. I think they should be more concerned with that fact that they are treated like they are less than human. I think growing up believing you are less than human is more damaging then having a tape recorder in your pocket. School districts have nothing to fear, as long as the faculty is doing their job, recording classes isn't going to be an issue.
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Janna03
10:53 AM on 05/01/2012
When they speak about "child privacy rights", they mean the rights of the other children in the class and their families. You may feel the need to monitor what's happening with your child but when other parents aren't aware of what you are doing, there may be some invasion of privacy issues. Legally this is a murky area.
11:06 PM on 04/25/2012
"Teachers could worry that every one of their words could be monitored..." if parents take the initiative. But it's ok for the district to install cameras? What's the difference? Oh, that's right... they would have control!!!
I say, go ahead and put cameras in the classrooms. If teachers are being appropriate, they have nothing to worry about.
10:47 PM on 04/25/2012
HELLOOOOOOOOOOOOO BIG BROTHER
01:41 AM on 04/26/2012
more like little brother, in that its not the state but the people doing the recording.
07:48 PM on 04/27/2012
Yes, little brothe in that aspect, but they're talking about putting cameras in classrooms -that's Big Brother right there.
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pjlowry
10:27 PM on 04/25/2012
The party is over for teachers who are not taking their jobs seriously.

I've been to schools in other countries, and in there there is a camera in ever classroom and when class was in session, parents were welcome to come into the school and watch their child's class anytime they wanted and observe how the class was being run.

I think teachers need this because as we can see above, they are not doing their job and are abusing our children. Bring the cameras in and let them know that anything seen will result in severe penalties.
10:04 PM on 04/25/2012
I'm sure liberals and Obama cheerleaders will start crying over those poor bullies that had their privacy violated.
11:43 PM on 04/27/2012
No, I'm not. I'm glad they got caught. Your comment is ridiculous.
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physixchic
Separate church and hate.
10:23 PM on 04/30/2012
Just shows how little you know about liberals and "Obama cheerleaders".
09:59 PM on 04/25/2012
Police are subject to smartphones recording their every move. Teachers are next. For true professionals nothing bad will arise, but then nobody will waste effort recording the true pros.
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Cael
09:52 PM on 04/25/2012
First time I heard of it, so you make a title saying new trend? Really?
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Christian Cotroneo
10:12 PM on 04/25/2012
Well, if YOU haven't heard of it..
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Cael
08:37 AM on 04/26/2012
And it doesn't seem many other people have either. Don't be stupid
01:55 AM on 04/26/2012
I agree, a few scattered incidents does not a trend make. In fact this is not a even a good story. It was poached from another and reshaped to elicit misguided outrage. Do people make money doing this?
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wendyweb47
Keeping an open mind
09:30 PM on 04/25/2012
I find it interesting the most important thing in the mind of the executive director of the National Association of Special Education Teachers, is violation of the privacy of other children. If he cared about ALL the children he would be doing more to weed out those few teachers who are not fit to be in a classroom.
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LilPuppy
Canadian conservative,still left of a democrat
10:01 PM on 04/25/2012
he's more worried about his teachers than the kids...which is truly disgusting
01:10 PM on 04/26/2012
I am at a loss as to why anyone expects privacy at school. It's not like the teacher at the front of the class is allowing them privacy. Also, privacy is a sphere that expands as a child gains competence and maturity. The privacy sphere for a low-functioning, disabled child is very small. We accompany children into the bathroom, change their clothes, help them text their friends, and so on. I'm not finding where a camera in the classroom is an issue.