Is It Illegal To Record A Child Throwing A Fit In The Classroom?

Question

There's a boy at the preschool who throws chairs and toys at the other kids and teachers and his mom doesn't believe us. I video recorded him on my cell phone. Can I use that to show his mom or will I get into trouble?

Answer 1

At my sons public developmental delayed preschool parents sign a release at the beginning of the year for photos, and videos.

Because it is part of the public elementary school, a child with out of control behavior is referred to a psychologist.

I would talk with the director about this.  If this child's behavior is to the point where he needs more support, then he could be asked to find another school.

I have been through this with my oldest son.  He is autistic spectrum, and no daycare/preschool would take him for more than a few weeks except for the special needs preschool.  My middle son is also spectrum and we have found a typical preschool for him, but so far he doesn't have many behaviors.  He did have difficulty in the beginning of last year, and it was brought to my attention that maybe it wouldn't work.

Answer 2

I worked at a daycare center all through college and I have a 2 year old son.  I would NOT recommend recording this child pitching a fit.  

As a mother, if I walk into my son's daycare and the teacher starts to show me something like that, the first thing to mind would be that you are singling my son out for something that's probably normal.   I admit, a little over the top but still possibly normal.  If someone made me feel that way regarding my son, I'd be very angry!  Also as a mother, if another parent told me that you had done this to their child, I would talk to the director about it and the first thing out of my mouth would be, "If the fits are so bad, why didn't she put the dang phone down and do something about it?"  I would be more concerned about your recording it instead of trying to do something while this kid's throwing stuff around a room that my son's in.   Trust me, these parents talk to each other and they know what goes on in these classes.  The parents that you think would be least likely to converse with each other, you'll catch in the parking lot chit chatting after you get off.

I would suggest that you tell the director.  Let her speak to the parents.  That way it is documented that someone spoke to the parents and you're doing all you can.  Plus it won't cause hard feelings toward you. Also, when the fits occur, move the other children out of the way.  Sit in a circle with them and maybe read a book or do numbers, letters and colors.  Then tell the child, "When you can calm down and behave you can be part of the group?"   Pull all attention away from him. I know it's hard, especially with flying chairs!  But if you can manage, this would be best.  You can't corporally punish him and let's be real, you can't put a child in time out when they're in the middle of a fit.

Parents are hinky people.  98% of the time, nothing their child does is his fault.  They're also very protective so they'll be apt to get nasty over something that wouldn't normally cause a problem.  

Also, if you don't take anything else away from this PLEASE take this to heart:   Never ever do anything that can cause hard feelings between you and a parent.  You know how children are, they bump their heads, they scratch themselves, they bite each other and a host of other injuries that just happen will occur. They can't be prevented and a lot of times a parent will shake it off like it's no big deal.  If there are the slightest big of hard feelings toward you from a parent, you will be blamed for hurting their child when something perfectly normal happens.  You will be called neglectful and possibly reported.  

I'd say it's best to let the director handle things for you.  That's her job, plus she has more pull with the authority figures that govern daycares in your state.  Trust me when I say, she can handle the problem much better than you can and you'll be much happier in the end.

Answer 3

As long as you aren't publishing it online (Youtube) without permission, you're fine.

Answer 4

dont use your personal equipment for school use, instead talk to your person in charge then start a behavior plan or evaluation. the school should then come in and record the child in thier natural enviroment for 30 minutes and hopefully doing that several times will catch something for you to warrant calling a parent conference and have the director there with you for witness purposes.

parents can and will get upset upon finding out that there may be a problem with thier baby

Answer 5

I taught 4th grade at the  beginning of the year last year, and  to be able to legally take pictures and whatnot, a paper was sent home at the beginning of the school year asking parent permission to take pictures and/or videos of the students.  If your school does this, then there can be no legal problems.  Otherwise, I would beware.  As your principal or someone in charge what the school policy is on photos and videos and be sure to have that same someone with you when you show the video to the parent.

Answer 6

As a mom and a former preschool/daycare teacher I suggest you DON'T record the kids without parental permission. If you really want to then just ask his mom if you can record him with your cell to show her how he's throwing fits. If she says no then don't. Most schools/daycares have parents sign waivers for their children to be recorded but that's mainly for advertising or Christmas Shows, etc. Not for teachers to take personal videos, you know? So I wouldn't show her the video you already have and I'd delete it too. If she says you can record him then do it next time. If someone video taped my kid without my consent and it wasn't for a school function I'd be livid.

Answer 7

I would ask the preschool owner/principal.   Let them make that legal decision as well as the confrontation with the parent if necessary.

Answer 8

Hmmm...I don't know...I would ask my principal ...they should be up to speed on the legal aspects of that stuff...or at the very least have the number for your school's attorney.

If you are another parent...I can't imagine why you would get in trouble for recording an event that took place in a public place.  Is it a public school?  If it's a private school, ask the principal.

OR you can set up an account on Youtube with no real information and upload the video and send it to her.  She won't know where it came from and her screaming brat will be in her email box....lol.

Good Luck

Answer 9

As long as you aren't publishing the video- why not.

Answer 10

it is illegal to videotape a child in a school setting without the parent's okay.  

i have had a child in class that was acting out as well and the mother didn't believe me.  i spoke to her about it and she consented to have him videotaped so she could prove me wrong.   turns out she was wrong!  anyway...

even when consent is given you cannot videotape any other child in the class along with the selected student.  (that was difficult, but well worth the later conversation with the mom)

good luck to you and your collegues!

Answer 11

I would set up the camera so that it can see the whole class room and NOT just the one you are having trouble with... in this they can not say that you singled him out.