Learn Your Special Education Laws, Special Education Rights, and Share IEP Goal Ideas

Jul 18
Avatar of Doug Goldberg

by Doug Goldberg

I get it, I get it, step away from the computer screen and count to ten.  Now before you start flaming me, based only on the title of this blog, please read it in its entirety.  At first blush placing cameras in classrooms for students with special needs sounds like a wonderful idea.  At second blush, my analytical mind takes over, and I keep coming up with more questions than answers.  I understand the reasons for doing it:

  1. Safety of our most vulnerable children;
  2. An accurate log of events;
  3. To stop Teacher abuse that might be occurring; and
  4. To stop bullying by other students

These are great reasons and the very reason why the idea has caught on like wildfire.  I have watched as Facebook pages covering the topic have grown at an unbelievable pace including, Mommy, I Wish I Could Tell You What They Did To Me In School Today and Camera’s in Special Needs Classrooms.  By the way, I follow both of these pages and applaud their efforts but now I come to my problem.

Have you ever heard the saying, “The devil is in the details?”  There are a lot of details that would need to be worked out and as far as I have seen, heard and researched no one has put together a plan.  I don’t think a plan can even be put together until all of the following questions have been answered:

  1. Who will monitor the feed (Would you have ongoing monitoring or only have someone review the tapes after a complaint);
  2. Who will have access to the tapes (Administrators, Teachers, Parents) and under what circumstances;
  3. Will the tapes become part of your child’s educational records;
  4. How long will the tapes be kept;
  5. Will the camera include both audio and video;
  6. How do we handle the privacy rights of all the children in the classroom;
  7. Are the tapes admissible in administrative or civil lawsuits;
  8. How do we make sure the tapes do not end up on any social media under any circumstances (This means youtube, facebook, twitter and the rest) and what would the penalties be if they do.  Hardworking Teachers deserve our respect and we need to be able to separate out a moment in time where a good Teacher got frustrated from real abuse.  I know as a Parent there are moments I would like to get back and I’m glad no one was taping them.  I have NEVER EVER, NOT EVEN ONCE HIT MY CHILD but I have gotten very frustrated and yelled when I should have had more patience; and
  9. Will the cameras only be in self-contained classrooms or any classroom with students with special needs?  Almost every classroom in the United States has at least one child with an IEP and this would mean placing cameras in every classroom.

I would love to see someone pick up the gauntlet and put together a real “business plan”, for lack of a better word outlining their vision of how to appropriately place cameras in our nations classrooms.  Until that happens I don’t think it will realistically happen.  In the meantime if ANYONE out there in the blogosphere has thoughts on any of my questions listed above PLEASE comment below.

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27 Responses to “Cameras in Special Needs Classrooms, Not so Fast.”

  1. The only real objection in your blog is that teacher’s can and do get frustrated. Ok. I get it. But those frustrations should NEVER be taken out on a student, under ANY circumstances. ever.
    We all get frustrated, there are other avenues of coping.
    As far as the other points you listed? They would need to be dealt with individually, per circumstance.
    These children that you speak of, cannot speak for themselves. Whether vocal or not, there is an IEP in place for reasons.
    Abuse, whether by teacher, Para, or student MUST end.
    There are NO EXCUSES.
    I also know that there are objections from teachers and paras that deal with students that are abusive. Again, that needs to be dealt with individually and per circumstance.
    NO ONE should be in danger when going to school to learn, or going to school to teach.
    Cameras would and should protect everyone.

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    • Hi Tamara,

      I have no objections to the cameras. I have objections to the lack of details. We can not just wait and see what happens, all of these questions are major legal issues that need to be hashed out prior to implementation. What I would like to see happen is some group take this idea to the next phase and actually develop it and hash out the details. Until that is done it just becomes another great idea that never gets implemented and that is a shame.

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  2. This was my initial thought and demand when my son’s BMC teacher broke his arm during a “scuffle” – which was most likely a restraint. But, like you, I had second thoughts after I going through the resulting criminal legal process. On one hand, I was very frustrated because no charges could be brought against the teacher and the district has so far refused to take any action to correct policies and training that obviously failed…all because everyone said there was no “proof”. CPS reports with a finding of “Reason to Believe” the teacher physically abused my son was not enough. X-rays and reports describing my son’s “spiral fracture” weren’t enough. The fact that my son’s statement fit the injury but the teacher’s statement did not, was irrelevant – all because “no one saw it” and the teacher did not admit his actions.

    Now think about the flip side of this scenario – what if my son had injured the teacher instead. Without cameras in the classroom he can simply do exactly what the teacher did and tell a different story…no proof, no charges. Teach your kids to say “i want to call my (mom/dad)” and say nothing else NEVER ADMIT TO ANYTHING! TRUTH = JAIL in Texas…unless you’re a teacher

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    • Jen said on July 19, 2012

      I understand your comments, but just wanted to point out that you can’t teach your child to ask for their mom/dad if they are non-verbal.

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      • I completely understand the issue with non-verbal kids. I was VERY thankful that my son was able to tell his side because without it I may have been the one arrested because the teacher lied. But, we DO have to fix the laws in the penal code as well so that our kids’ behavior isn’t criminalized because it’s caught on tape. Unfortunately there are a lot of ignorant people that think this behavior can be punished out of them. So, like the author, I”m not diagreeing with the need, but we need to make sure all the laws are looked at. In TX, this may very well get done. There are a few proposed laws for example addressing the current problem of issuing tickets for bad behavior. I think the answer to this is to join forces with the teachers unions – odd I know. But, our kids do occasionally injure a teacher….what happens then? The teacher is almost forced to file charges just to get the district to pay him/her for the time off due to the injury and any medical bills as a result. This isn’t right either.

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  3. Kym said on July 18, 2012

    Honestly, it feels like it is the “wild west” out there in special education, and not a week goes by where I don’t read a story about a child w/special needs being abused in school by a teacher. With no federal laws against seclusion, restraints and aversives, things are out of control. And even in states with laws, all a teacher has to do is make a claim that the child was “a danger to himself or others”, which is a joke. So kids come home bruised, abused and sometimes even dead, and all the school has to do is play the “danger” card. In reality, many kids are restrained and secluded simply because they are non-compliant, stimming, etc.

    The solution is complicated. Off the top of my head, we first need a federal law such as SB2020 to restrict the use of restraint and eliminate seclusion and aversives. Second, we do need cameras in all classrooms and hallways where there are children. Third, we must insist that there are teaching competencies in for teachers who teach kids with autism. Fourth, we need real consequences when teachers and administrators break the rules and abuse kids verbally or physically. They should be fired and when applicable, go to jail. Sadly, there are cases where kids are killed from restraint, and nothing happens…no consequences whatsoever. It is time for it to end.

    But getting back to your original question , I do agree if there is a law for cameras, it needs to have teeth in it and the details need to be thoroughly flushed out. Lastly, it should be a federal law because if states were capable of doing the right thing, they would have done it already. It is time for the abuse to end and we have got to start somewhere.

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  4. I address this issue in my book. Here’s an excerpt:

    “… a system can be put in place that will eliminate much of the abuse and neglect mentioned earlier. Web-cams should be installed in every classroom, hallway, cafeteria, therapy room, gymnasium and outdoor play area that is utilized by students. Parents of the school children could be given access codes that would allow them to monitor their child at any time of the day via their computers. At issue of course is confidentiality but I believe the majority, if not all, of the parents would be willing to sign whatever waivers are legally necessary in an attempt to assure their children’s safety and well being. The children you have read about in this book would have never been subjected to the things that they were had their parents been watching. Additionally, any teachers that had the desire to talk about television shows, personal matters or whatever would be more likely to teach and aides and assistants would be more likely to assist if they knew Mom or Dad may be watching.”

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  5. It will take time to work out the questions and that is what we have to do if we expect others to believe it is a real possibility. We know the need but we do have responsibility to provide the framework for how it will look. —Owner of Cameras In Special Needs Classrooms

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    • Agreed, please spend some time on http://www.COPAA.org and review some of their postion papers on restraint and seclusion and take your wonderful page, idea from just that to an organization to be reckoned with and put together your own postion papers on cameras. Remember I stated I follow your page

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      • Actually, Tara is working to do just that. She is in contact with the head teacher or my son’s (award winning) school in the UK where cameras are installed in all but the changing rooms, bathrooms and staff room.
        None of the issues, practical or legal, are insurmountable and there are workable solutions and best practice guidelines that already exist that can be adapted and applied to suit individual institutions.

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  6. I believe they should be able to protect both students and staff, in the special needs classrooms. It should be able to be good in court if an incident would occur. I believe people really need to start focusing on the children’s needs and not what they are worried about. Cameras In special needs Page, In my eyes best idea I have heard so far! Abuse is happening to the kids who can not go home and tell there parents. Have You Ever Hear of “God Has a Plan” Well this is his plan.

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  7. Read my petition for Rhode Island
    http://www.change.org/petitions/the-governor-of-ri-put-cameras-in-special-needs-classrooms
    Yes, legal issues will need to be worked out. That goes without saying. The way the system is going now simply does not work. Again, read my petition- then feel free to sign.

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    • I just read your petition and applaud you for standing up when no one else would. One of my biggest concerns is if the legal issues aren’t worked out before hand and the Schools control the cameras that they will use the tape against the child and not the people doing the abuse. i am a special ed advocate and see the horrors everyday of what happens when a school admin is highly motivated to remove a child from their school based on behaviors caused by their disability or not following the IEP. I am not against cameras I am against anything being done without thinking through all of the angles and how it can be abused by the people in power.

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  8. There are not so many legal issues involved when cameras are placed virtually anywhere else in society. My school district is already considering placing cameras in common areas in high schools to monitor student behavior, so why should cameras in special education classrooms be such a huge step? At least the cameras in classrooms movement gives parents something new to hope for in educating students with disabilities. Cameras are less expensive than the investment needed to staff special education departments with paraprofessionals trained in the use of positive behavior management techniques. Qualified special educators and support staff or cameras to keep a watch on the amateurs, which is it going to be?

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    • Hi Pam,

      Cameras in classrooms need to be done via a State or Federal law. Federal preferably I agree with Kym on that. If not the cameras will not be used to protect the children with special needs but will be abused by some to try an remove our children from the schools. I see this everyday and it already breaks my heart without video. We need to move this from everyones passion project to an organizational movement with planning and power.

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      • Passion Project? This is not a passion project! This is called awareness, because people are unaware this stuff is happening all over. What Cameras In Special Needs Classrooms is For awareness and a great idea to keep these classrooms safe. Less people would be home schooling there children because they will feel safe that they are being watched closely.

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  9. I disagree with your whole argument. I am a Restraint and Seclusion survivor. I am Autistic. I know first hand why we NEED videotapes in classrooms. I was choked, beat with yardsticks and locked in a basement storage closet for days. Three due process hearings and three victories for my family still cannot take away the memories that still haunt me eight years later. My legal battle with my school took so long because there was no camera’s. If there would have been videotapes it would have been open and shut case. Why don’t you take your argument to Angellika Ardnt’s parents in Wisconsin who was killed after being restrained for 98 minutes for blowing bubbles in her milk. Or Cedric Napoleans foster mother Toni Price in Kileen TX who was crushed to death by a 230 lbs teacher for non-compliance. Take it to Johnathon King’s dad in Georgia. After 13 yr old Johnathon hung himself in a seclusion room because he was always just left in there for days. Those families never got justice. If a camera would have been around then they could have at least had a chance. While your argument may sound good to teacher’s who have something to hide for us Advocate’s have a stronger and more validated opinion considering we deal with the abuse against special needs children everyday.-Helena

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  10. All the questions posed are good ones. Perhaps, the easiest ways of addressing them and to see if the answers are applicable in the instances of specific educational institutions is to examine how these questions have been tackled in classrooms and schools that use cameras already. Take my son’s school for instance.
    Not only do teachers and support staff have their own classroom hand helds with which to shoot footage of classroom activities but all areas of the school (except, I believe, changing rooms and bathrooms) are covered by CCTV. Here is just one example of how that technology is utilised: http://autismum.com/2012/07/18/pwdins-school-year/
    Cameras have also proved useful when staff have requested extra resources (they have used footage to strengthen their case) and when needing support without the disruption and artificiality of a person in the classroom observing. They have also been used to help in evaluating children’s progress in their everyday setting, again, without the presence of a “stranger” in the classroom.
    Cameras also have the dual benefit of helping to protect staff from fallacious allegations. No staff member who can reliably control their temper and behaves professionally should fear them. Our children deserve the best and most patient teachers out there. If cameras help to weed out those who are not up to the job, I see that as a further bonus.
    Special Education Advisor, you have my contact details should you wish to discuss this matter further or make contact with institutions that already use cameras.

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  11. Kim said on July 23, 2012

    As both a parent of a child with an IEP and as a PK CDC teacher, I support camera use in the classroom for all of the positive reasons stated already. We are going to begin a pilot program (similar to what autismum describes) in some of our regular education classrooms this year.

    As much as I know that this is a good thing, has anyone seen ABA (Applied Behavior Analysis) with a moderately to severely autistic three year old in action?!? These kids often come to us with severe behavior problems. Most of the well meaning, but ill informed parents have spent three years reinforcing fits and it is my job to help turn these patterns around. ABA is too complicated to explain here, but in general in the beginning it usually means that I give a demand; the child tantrums; I hand over hand help the child complete my demand; and some level of reinforcement is administered. This all happens while the tantrum is occurring… The child eventually learns he cannot avoid completing tasks by tantrumming and that he is going to earn a reinforcer for working and the world is good, but the fits can be really, really bad in the beginning.

    I have complete confidence that I am doing what is right with my students. Research and 20 years of practice has proven this to me. But, this stuff can be so easily misinterpreted by people who do not understand autism and/or ABA. Several years ago a parent made a child abuse allegation against a colleague of mine for simply doing hand over hand on a child who was not tantrumming. I know the practice can look awful to someone who doesn’t understand….

    I guess that my point is that I fear that with cameras present, we will constantly teach with the word “litigation” in our minds and the rate of progress we see in our kids will decline. I want my passion for my work to guide practice in my classroom, not fear of the “sue happy” society we live in.

    It sickens and angers me to no end every time I see a story about a trusted teacher who harmed a child, but that is far from being the norm. I love and fight for every one of my kids as if he were my own. I wake up every morning knowing these are really God’s children and I feel like I have to answer to Him directly for everything I do and don’t do.

    As this camera movement progresses, I hope that parents see this good in all of the great teachers out there and get our backs. Until the government catches up and laws are written to protect us, we will need you. Honestly, the only reason I have not found a new job yet is because of that “little” God thing. Every time I think I have had enough of the politics, He sends one of my three year olds to let me know that no, I haven’t….not yet….

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  12. Thought-provoking questions. Maybe someone and/or entity will answer your questions and share their plan. Sharing on ‘EnjoyHi5Autism” networks.

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  13. Hi Doug,

    I absolutely feel the same way! We need a proposed PLAN on how this can be implemented. Please email me so we can talk. Until we have something that is realistic and able to work in tangent with the system in place, we are turning our wheels. Please contact me. Let’s discuss!

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  14. As a special education teacher, I would LOVE, LOVE, LOVE to have cameras in my classroom. They would protect US.

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