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Stuart Chaifetz And Other Parents Wire Kids To Prove Teachers' Verbal Abuse: Experts Weigh In

By GEOFF MULVIHILL 04/25/12 06:23 PM ET AP

Akian

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.

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 behaviorist. 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, defenseless," 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

WATCH: Stuart Chaifetz's YouTube Video
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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, "S...
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, "S...
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
07:16 AM on 04/29/2012
For people who do NOT big brother and big goverment, you sure like / want cameras everywhere.
02:26 AM on 04/29/2012
I am NOT defending this teacher but I AM defending all of us non-abusive teachers. This is an extremely dangerous precedent. It would be so easy to manipulate an innocent recording or take something out of context and end a teacher's career.

Parents, please realize this can and will work both ways - eventually your child will get mad at you, remember what is in their pocket, and then what?

I would not be opposed to the entire class being recorded to prevent tampering, but only if absolutely necessary.

I know that most parents are extremely busy but us teachers want you to be involved as much as possible - not just when you think there is a problem. Take the time it took you to read this blog and shoot your child's teacher an email saying "Hi, I just wanted to check in - is everything going well in class?" (Seriously, I dare you. Go do it right now. This comment isn't going anywhere) 99% of us would appreciate and welcome it and 1% like this lady would certainly think twice.

And if you are still concerned, take time off of work and observe a class. Schools BEG for that kind of parent involvement and if the school closes the door to you - then you raise hell.
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
07:09 AM on 04/29/2012
Finally one person who makes sense
12:10 PM on 04/29/2012
Hello to the person who suggested taping the entire classroom, without it being tampered with.... I’d like a chance to respond!

Let me give you a little background on myself, before I continue further to comment... I am a mother of two beautiful children... both very intelligent and expressive in a lot of ways; socially my son is functioning, a few years behind where he should be. He has anxiety issues, sensory processing disorders, oh, and so we're clear on this, he's also in the Autism Spectrum. He’s PPD-N0S. Now, I will also tell you, I was born to teach. I was teaching before my children were born and it’s a part of me. It's in my heart, as are children. All CHILDREN. Early Childhood Education.. To me, it doesn't stop when I can't see them and they walk into school or get on a bus for the day! When you have a love and desire for being a part of something, so wonderful, in a child’s life, YOU NEVER ever ABUSE that. No matter your title. Weather your teaching role is in a classroom or at home. Sorry. I've been on both sides of the "desk" so to speak. SO for me, this post was hard to NOT respond to.
What I’ve noticed in "classroom" observations, (Other parents & educators feel free to Voice Out) is the typical "normal day" when you have someone else in your classroom... is ANYTHING BUT...typical.
12:55 PM on 04/28/2012
I feel for the families that have to deal with these people that have ice running through their viens.. They need to be locked up like "DOGS" all together and let these families get there kind of justice.. Their is no thelling how many are getting away with it, I hope they see this and maybe it makes them stop.. probably not. But I applaude the parents of the children that got the ball rolling and figured out something was going on and figured out a way to stop it. I hope it is a felony and they cant work with or drive a bus for children. What if the shoe was on the other foot ? How would they feel? they are cowards.
HUFFPOST SUPER USER
Conuly
11:12 AM on 04/28/2012
I think cameras in the classroom would be a fine idea, and with a potential application far beyond monitoring for illegal behavior.

As just one example, once a term in my local elementary school parents are invited into the classrooms to see how English and math are taught. But of course, not everybody can make it to school at that time, and the parents - even if they sit in the back and don't talk! - are a mildly disruptive influence. How much easier it would be to have a recording of the whole thing that people could view on the class website if they had a password!
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HUFFPOST SUPER USER
roadtonowhere
Indep. truth speaker, super mama, sarcastic biddy
12:07 PM on 04/27/2012
As a teacher, I have mixed feelings about this. I absolutely agree that a teacher verbally abusing special needs students is deplorable. Children with special needs are the students that require the most patience, understanding, and teachers that have been trained to teach them.

I don't think that the sole focus should be on the horrible behavior of the teacher, but also on what is behind that behavior. I taught school in NYC. I was certified in English, NOT Special Ed. But, I taught Special Ed students for 3 years (they were mostly behavioral problems). There was supposed to be 3 adults in the classroom as mandated by LAW for the students' needs. There never was. It was always only me. I was not trained to teach them, I was not certified to teach them, and I had no support. When I complained to the administration, they would tell me to deal with it.

So, there were times where I flipped out on the 30 13-year olds in front of me. I never called them names, but I did flip out. Teachers are under an immense amount of pressure and Special Ed teachers are under even more pressure.

Yes, parents of special needs kids should be outraged when teachers abuse their power. In this instance, the teacher should be fired. However, I worry that teachers are going to be fired for yelling (without being verbally abusive) when they are in desperate need of support.
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
07:11 AM on 04/29/2012
I agree. As an RN we also have fed mandates as to how many patients we can have or our work load and we are always short staffed. Someone needs to be the whistler blower.
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HUFFPOST SUPER USER
Joanne Pang
12:07 PM on 04/27/2012
"too far to protect him" what a dang JOKE! Is there such thing as going too far to protect your child from this kind of abuse. I commend him and wish more parents would take action instead of brushing it to the side.
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wiseman103199
Not right or left! Right or wrong!
11:44 AM on 04/27/2012
He did nothing wrong in trying to find out what was going on at school. There would be no issue if the teachers were actually doing what they should be doing! Every parent should have the right to protect their children as it is painfully clear that those that are supposed to be are the abusers sometimes. I also applaud him for not trying to make money of this.
10:13 PM on 04/29/2012
actually he did do something wrong.
NJ is a one person consent state to record private conversations

Acknowledging that a learning disabled CHILD can give that consent is troubling..

and what about the other kids rights to not be recorded?
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wiseman103199
Not right or left! Right or wrong!
07:28 AM on 04/30/2012
Well the law is wrong in this case.
protecting your child from abuse is more important. This dad had already done all he could do through the school system and the teachers continued to lie. The abuse of a child, especially one that cannot speak for themselves is the most important issue.
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HUFFPOST SUPER USER
AgainstAnimalAbuse
The end justifies the means
11:42 AM on 04/27/2012
Hell, no! This parent did what all parents should do!
11:14 AM on 04/27/2012
BRAVO to parents who are monitoring what their vulnerable children are experiencing. As a nurse, I have seen staff abuse elderly and vulnerable patients, and have ensured that they were fired. We must protect those who cannot protect themselves.
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HUFFPOST SUPER USER
randinoel
God is the only way to ever-lasting life.
11:10 AM on 04/27/2012
Everyone should be allowed to record voices. This does not hurt anyone and no one has anything to hide.
HUFFPOST SUPER USER
emthepoet
03:40 AM on 04/28/2012
But things can be edited and twisted.
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
07:13 AM on 04/29/2012
Cool. I want to hide a mic under yor bed and when you are having sex i'll post the hot and nasty sounds on the web. hubba hubba.
10:54 AM on 04/27/2012
I think the special ed teacher rep left a word out of his argument against recordings:

"'the recording could have a chilling effect (sic) on classrooms,' says Guiliani, '...Teachers could worry that every one of their (abusive) words could be monitored.'"
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HUFFPOST SUPER USER
harrymudd
08:49 AM on 04/27/2012
Privacy with underage kids is a horrible idea. Would you want people molesting kids and hiding behind privacy? It is not reasonable to tell parents that anything going on with their children is so private they should not hear or see it. I will not send any child to a school which does not allow parents to see anything going on there. For 18 and over is a different matter. If you want privacy deal with mature and responsible grown ups.
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HUFFPOST SUPER USER
slinkymom
Show me your micro-bio and I'll show you mine
08:20 AM on 04/27/2012
Privacy in the classroom?  I always found it amusing that when my child got into a scuffle with another child, they could not tell me the name of that child.  But my child certainly could.  (Often, I wanted to know who was involved so that my child could apologize.)

A classroom is public space occupied by many children and there is no way to make it completely private. 

The fact is, far too many incidents like this are playing out across our nation and those committing these acts should know that they are being monitored. It is simply horrific when one's child is unable to to say what is happening to them at school.  We have to protect these children.
01:01 PM on 04/28/2012
I went through the same thing, and I agree. I couldn't believe they said we cant tell you the childs name but your child is suspended. Both were suspended and my child told me the name, it was the school bully that has been harrassing her for 3 yrs.
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Shadow Diver
When The Going Gets Weird, The Weird Turn Pro
08:08 AM on 04/27/2012
Just watch, like the cops and the animal abuse a meat factories, the politicians will just make it illegal to tape teachers. Nobody seems to want the truth to come out ever anymore.
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HUFFPOST SUPER USER
Atwill
Christian puppets scare me
07:15 AM on 04/29/2012
Wow, lets make everything big brother. 1984
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HUFFPOST SUPER USER
harrymudd
08:01 AM on 04/27/2012
If by "Chilling" you mean to put drivers and teachers on notice to not verbally abuse children then I hope it is chilling. I do not want drivers so comfortable to attack any kid they want with impunity.

There is no expectation of privacy in a classroom; on a bus or in a the office lunch room. There may be an expectation in a one on one meeting; private conference or instant message. Privacy was never meant to keep parents out of the affairs of special need young children. That is ridiculous. Parents should be applauded for being involved.
08:36 AM on 04/29/2012
Sending a child to school with a wire is not exactly what I would call being an involved parent. Involved parents don't wait for signs of physical or emotional abuse to learn their teacher's name - they do it from day one. If every parent took 5 minutes every other week to send teachers a quick check-in email, not only would situations like this never happen in the first place, but I guarantee that overall school performance would shoot up.

I'm not blaming or accusing parents of anything, just making a friendly suggestion.