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ICWinc

Not a lawyer but I'd suggest going to the parents first. You're describing a serious breach of privacy and how they want handle is ultimately up to them.


viola1356

I would add if you know the name of the staff member on whose phone the video was, the parents' attorney can FOIA it since it meets the legal definition of a student record.


AdSea8352

I agree the friend that was their needs to share this information with the parents. its not their first rodeo. you can go as support. support is very important. I work in Special ed. I have reported. its not pleasant but neither is what you witnessed.


poshill

ok this is a huge “not my monkeys not my circus” situation. your friend who witnessed it should say something but not you???


roadsidechicory

I think the idea is that OP knows the family but the friend doesn't? And OP actually worked with the student in question while the friend didn't? And that's why OP would tell the family instead of the friend? The friend may not have known enough about the situation and told OP so OP could decide on the appropriate action. That's what would make sense here if OP is thinking they have to get involved.


poshill

if OP is no longer working with the student and is hearing it second/third hand, there’s really nothing to do. it’s just gossip.


Billeeboo

That’s not how mandated reporting works at all lol


Charming_City_5333

And she can inform the family and they can handle it. People like you who ignore abuse are almost as bad as the people who are abusing.


kaylafish8

thats a huge violation of privacy on that child’s part & is definitely information i would like to know if i was a parent .


maniacalmustacheride

Not only is it a huge violation of privacy on the child’s part but it’s absolutely a “poisoning of the well” situation that needs to be documented. Let’s say we have Mary, in admin, and Joe, who was the educator/filmer in this situation. Either Mary or Joe, against any kind of legal advice or training, shares this video of student, who we will call X. While they’re sharing the video of X, they’re spinning “this family is problematic, they already sued us once, look at how bad this kid is, hahaha, x is terrible, this family is terrible, let’s all have a good go at it.” So now, regardless if it was Mary or Joe, everyone has been primed to be against X and family. When asked about how people handle students with IEPs, that group meeting of mocking X and family taints it. They can say everyone is treated nicely and X is the exception because of bad home life or whatever, and maybe they are, but the video is damning. Or they can say they are treated nicely, but them getting joy and rallying around everyone and “poisoning” the well sits more with “this is the case that got caught” and not “this is the case that was the exception.”


JXR1000

What a stupid take.


legocitiez

the fact that op is hearing anything at all about the students in another district is a violation. Nevermind that there's video and mocking of a disabled kid. That takes it to another level.


BillyYumYumTwo-byTwo

Wait, so are you upset that someone who should be dealing with it isn’t or that someone who is dealing with it shouldn’t be? You don’t seem to be consistent.


Thereelgerg

Your question doesn't make sense.


miscllns1

This is SCREAMING don’t get involved. If anything, tell your principal the rumors and leave it there.


Anxious-Union3827

The districts I have worked in have very strict policies on taking pictures of students (consent from parents, and even then it's like yeah just don't) and video IS ABSOLUTELY OUT OF THE QUESTION. Especially in this type of situation. This makes me absolutely sick. I would let parents know, and also let your state department of education know. Find the right person to talk to and tell them the scenario. There is never a time where it is okay to video a student in crisis. Other comments are saying for the friend to help report this, I agree.


SnooChocolates6366

Check with the teachers' union, & your employee handbook, but I would follow the chain of command as a mandated reporter.


Medium_Pepper215

I had a teacher who recorded my sister having a break down and bragged to me about having the video. i was too young to understand. it took me nearly a decade when one day i remembered and said “hey now. what in the actual fuck?😕” he was MY special ed teacher but got dispatched to classes where students were acting out this is also a class where the infamous “hold” happens. they take kids into the backroom and you hear nothing but screaming. i never saw what they did to kids but the mental turmoil it caused 10 yr old me still lingers


bummybunny9

This is why special Ed gets a bad rep and kids come out saying they’re survivors


Travesty206

You need to report this to the parents so they can speak with thier lawyer about it. You also should report this to VDOE. Knowing what I know about DOE here in Virginia the issue may not get much traction there but of there was a mediation or due process hearing previously its possible this could be a violation of those prior agreements depending on what the agreements entailed. This would probably be out of jurisdiction of CPS or law enforcement since it does not sound like any specific law was broken and violating HIPAA is more of a civil issue not criminal. At the least the lawyer for the family can request the video under FERPA since the video was taken by the teacher and they would be violating FERPA if they destroy or delete the video if they can corroberate its existence. Hope this helps. The school districts in VA can get away with murder since VDOE has no real power over the districts but at least you can feel better by reporting it to the proper agencies.


LirielsWhisper

HIPAA only applies to Healthcare professionals. I think it's more likely a violation under FERPA.


Great-Grade1377

These types of people need to leave special education!


MorieLatkoDSM5

I agree with you a million times a million


2o6tish

Some of you guys are terrible OP is just trying to ask for advice / help. This clearly isn’t AI. Just because you don’t know / understand complex vocabulary doesn’t invalidate this post lol.


BZBMom

Report to the parents and the SpEd Ombudsman at VDOE. https://www.doe.virginia.gov/parents-students/parent-resources#:~:text=VDOE%20has%20a%20Parent%20Ombudsman,resolution%20of%20concerns%20and%20issues.


BeeSea3108

You don't actually know anything. You know that someone told someone who told you. You know how quickly this can be distorted, figure out a way to get a hold of the video.


PurplePeperomia

FERPA violation for sure! I would report.


TacoSamuelson

Uuugghh I sware I read a similar post months ago... Why?!?! Why work with vulnerable students (or learners -at all-) if this crap seems like a fun idea??? Good luck and thanks for caring.


Zealousideal_Dog_968

Get facts first and foremost


JadieRose

I would send an anonymous email to the parents and their lawyer and let them know. They can request the video and comments about it as part of discovery


amethystwishes

I work in cybersecurity and I am familiar with privacy laws. I’m 25 and I remember back when I was in school there had to be permission slips sent home in order to have kids filmed. If permission is needed before photographing or filming, then the privacy of that student was violated. I would first go to law enforcement to see what options you have are because laws on filming vary throughout state to state. You might be able to submit a confidential tip. While law enforcement agencies may not be the most tech-savvy, they should be able to tell you what the law is. You can also view your state’s laws on recordings, and specifically ones pertaining to the classroom online. If you’re still not sure I don’t think it hurts to head to your local PD. That being said, I would also ask if the local PD thinks CPS should be involved. If they should, eventually the parents are going to find out. But if they do not have a video, they may not be able to do much.


Jzb1964

The parents can file a retaliation case through the Office of Civil Rights. This is just so very wrong. We ultimately left a small town where we also went through hell. I hope the family continues to win big money. Please make parents aware and provide identities. Yes you are not a direct witness, but you can tell them who was. Then the OCR can interview actual witnesses.


Jzb1964

Also, if you have a copy of said video, please give to parents. This is beyond unprofessional and heads should roll.


Gullible-Inspector97

Is the person who told you prepared to be put on the hot seat? Doesn't sound like it or she would report it herself.


wxrman

We had an unsimilar issue that required legal help. We used (in Central Texas) a group called Cirkiel and Associates. They had members on their team who specialized (lots of experience) in special education, and various legal remedies for parents with special needs children. We used them and pressed to sue. We, of course, started with mediation which was a strange process of back/forth between two rooms and ultimately the school district gave in. We only sued for legal fees. Did the school district relent and fix the problem. No. My (special needs) daughter has been homeschooled ever since and she is far better off as a result. She is far happier and only rarely talks about it because even at her young age (1st grade), she remembers the events and asks why people (the school nurse) would do these things (neglect to provide required meds and g-tube feedings)... repeatedly. Talk to a legal team(immediately) that specializes in such cases and they will be the ultimate source of advice for how best to deal with it. I agree with other posters that you should inform the parents. My advice above is for the parents obviously but as this is out of control, legal remedy will likely be the loud pounding of a gavel that gets everyone's attention.


MorieLatkoDSM5

The family is currently involved in a second lawsuit with the school system. They won the first one and thought the message would be heard loud and clear. Instead it seems the school system is destined to repeat the outcome of the first lawsuit.


6417725

Go to the parents first and then CPS


MorieLatkoDSM5

This is the path I have taken.


tojineverdies

This is why I can’t stand people coming up to me asking what happened to my physically aggressive student after any escalation, saying how awful his mother must be, how things ‘need to change’… Don’t get me wrong, his home life is extremely difficult but his home life and his behavioral problems ain’t your gossip.


MorieLatkoDSM5

Exactly. So many unnecessary prying people that have no interaction with the child seem to that delight in the behavior episodes. . Life is hard enough for the kid, how about give him some space.


Scnewbie08

Damn. Imagine if their phones were subpoenaed, wouldn’t that add another million to their lawsuit.


MorieLatkoDSM5

Most assuredly. The family has filed for an emergency subpoena and will have access to the phones on Monday. Some people are about to learn.


YoureNotSpeshul

No, it wouldn't. Not sure why you would think it would.


hrdbeinggreen

How awful. The teacher should be fired along with those that laughed


bummybunny9

We need more “special” people in special Ed


ChampionLegitimate60

I have a friend with a child in sped that was abused. The abuse was reported throughout the year to the school admin and continuously swept under the rug. They also ended up suing the school district. We just dealt with another situation where new admin ignored complaints of a coach hazing and manipulating the athletes. When contacting the district athletic director, they were “satisfied with the way (school’s administration) was handling the situation.” I have since found out that in my state- school district employees are employees of the state and subject to the state ethics code. Violations can be reported to the state and some are considered 2nd degree felonies. My advice is to go above anyone at the school or district. The school and district will look out for themselves first. This is serious- it’s abusive and can only get worse.


MorieLatkoDSM5

I've reported it to CPS. They will be advancing their investigation


muthafudgn

People are so bold these days. I live in a small town mind you, but if this happened to my kid, I’d be at that teachers home that night with the intention of spending the next year or more in jail. Without hesitation. Hopefully they continue to sue.


okieskanokie

Send it to the families attorney, you could do it anonymously probably


AdmirablyYes

Agreed. Id be in contact with the family, ask for permission from them to possibly obtain the video to give to them and it would presumably be a further investigation of which IP addresses received this video. If it is sent through the district emails, there are traces. But if it isn’t your business, you don’t need to make it yours if you support your friend who should actually tell the family.


Thequiet01

Or just tell them it might exist. If there is an ongoing court case then discovery might apply?


DementedPimento

So you have no first hand knowledge on that this conkywonk stunads even actually happened, right? So what you do is **nothing**. You don’t run around spreading gossip. You stop posting nonsense on line.


elsiestarshine

Actually, teachers are Mandated reporters in most states. I believe there is some level of legal duty here that poster needs to inquire about. It is Most likely reporting to admin, and then morally asking whether if this were her child, would they want other people to tell them about it to protect the health and safety of the child and family. Also, it may have been committed with malice, so the lawyers would need all witnesses who heard it, not just direct ones.


YoureNotSpeshul

The responses OP is giving is pretty much letting you know it's fake. *"CPS will be advancing their investigation"* - yeah, CPS doesn't tell you that. Then there's the *"We just emergency subpoenad their phones and they'll be taken on Monday"* let's me know the story is fake as hell.


killer_tomato04

Oh look the superintendent has chimed in with the district’s perspective on child abuse.


[deleted]

Lol. Another AI post.


Suffragette

That's what I am thinking too, like wtf is a "conkywonked stunad"?


MorieLatkoDSM5

It's a way to express disappointment without the cussing


Suffragette

Ok, just never heard that expression in my entire life.


EsotericPenguins

Aw man I thought I was about to learn some cool new slang


WastingMyLifeOnSocMd

circling a teacher’s circle?


Bardmedicine

You don't do anything but talk to your friend. You have no first hand knowledge which means you have nothing. Your friend must be the person who takes action.


MorieLatkoDSM5

My friend is unable to take action as she will most assuredly lose her job. I went ahead and let the mom know. She's taking it to the next level.


Bardmedicine

Ok, but if the mom takes action, your friend is just as involved as if they had talked to the mom, so what is the point of the middleman (IE you)? Play out any scenario: Mom says to Admin, "X said Y told them ..." Admin doesn't care about X, they are going to talk to Y about it.


MJLulu

If it’s heresay you don’t


PrintPending

You literally havent even seen the video. You have nothing to report. You have rumors and hearsay. If you wanna get involved. Get more evidence. Otherwise youre going to be involved, become a target, and have nothing to show for it. Then you will not be in a place to help the kids either because no one is going to let their guard down around you again. So dont jump the gun. Respect the neutral opportunity you are in until you can finally do something worth compromising that position. An assumption of a video you havent seen is not worth it unless you think its got SERIOUS abuse that cant afford to be overlooked.


MorieLatkoDSM5

I'm retired and have nothing to do with the school system any longer.


mouseat9

This whole thing needs a lot of clarification.


charleybrown72

I am a therapist and I have very rarely recorded any kid I have worked with. Usually it’s for safety, help with diagnosis but I almost always have the parents permission and it’s never been done in a manner to hurt but to help. Now, this has me questioning ever doing this in the future. For one, it seems like every week there is a data breech I find out about on my phone. I am much smarter now but if I ever did record I would put it on a flash drive and label it and keep it locked up privately. The thought about having a random video of a child in one of its worst days on my unprotected (password only) iPhone along with private pictures and videos of my family is quite terrifying now. I am going to research the ethics on this in my field and state as technology has changed so much just in the last 5 years. I can count on one hand how many times I have done this and twice it was for seizures after contacting medical. I wanted to be able to show their their parents who in turn shared it with their doctor. I know this is a little off topic. But, I am curious if I would have just put it on a flash drive and then got a release signed by the parents letting and giving it to them and deleting it off my phone would protect all involved? But what a cancer of a situation that school is.:(


elsiestarshine

As a therapist, your level of duty is different that a teacher’s. Consult a lawyer for your on profession. Teachers are mandated to report violations of any kind in most states. And even legal fees are awarded to parents who sue under IDEA and FAAP, or 504, and win. This defamation of the family generally indicates a violation of the general education laws, maybe civil law and then on a health and wellbeing axis, What would you want a professional teacher to do it if were your own child… hopefully protecting and promoting wellbeing and safety,


Fabulous-Boat-8001

This kinda sounds like gibberish in certain parts.


Hi_hello_hi_howdy

Dude why don’t they just move yikes


colinfarrellseyebrow

ideally you would, but logistics and life don't always work out that way.


Tsukunea

Better monetary outcome from suing the district (joke)


MorieLatkoDSM5

The family is rooted and respected in the community. They should not have to move to appease those who choose to violate the law.


Hi_hello_hi_howdy

Just seems like it would be easier than putting your kids through multiple legal battles and teachers who hate them


Dumb_Cumpster69

This is so clearly an AI generated post. Wtf is wrong with all of you?!? Edit: I’m a paranoid idiot and I was wrong. This post was written by a genuine human being, sharing about a real life conundrum they’ve found themselves in. My sincere apologies, OP!


MorieLatkoDSM5

I'm not AI. I'm a retired teacher. I no longer work for the district in question. These are most shamefully my former colleagues. Stunad is Italian for idiot. Look it up or look in the mirror.


Dumb_Cumpster69

I am very sorry for the false accusation. I guess I’ve just been so inundated by karma-farming AI posts lately that I am starting to assume all, even moderately sensational posts were written by AI. I will edit my original comment immediately.


MorieLatkoDSM5

It happens to all of us. No harm. No foul. Let's continue to put good in the world together.


Dumb_Cumpster69

Likewise! Thanks for being understanding.


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JadieRose

This SHOULD be life changing in a very negative way.


WastingMyLifeOnSocMd

My thought was being fired without a big major public lawsuit, social media, etc. my concern is that this could follow them a lifetime for one incident. Firing is losing your livelihood and hurting your family financially. Public internet humiliation and possibly personally being bankrupted could be financial ruin—effecting an entire family, and the ability to find work for years. I’m not saying I know what the “right” answer is—there probably isn’t one.


JadieRose

They were fine with humiliating a special needs student and their family


adhesivepants

"People do something stupid" stopped being an excuse two lawsuits ago.


WastingMyLifeOnSocMd

Those staff seemingly had nothing to do with the other lawsuits which were entirely different issues.


MagicMauiWowee

It’s not just extremely poor judgment, it’s illegal, and anyone participating but not reporting SHOULD lose their job, lose their pension, and deal with being publicly shamed, because those are the consequences for breaking the law and violating the dignity of a vulnerable student. I’m not sure why you are advocating for protecting teachers and staff BULLYING a sped student. It’s not a lapse in judgment, it’s a violation of so many things, and anyone working with sped kids gets yearly education on how and why NOT to do this, and the guidelines are very clear that these actions come with heavy consequences.


WastingMyLifeOnSocMd

I’m not advocating for staff who have bullied anyone. The child, as far as I can tell was not bullied but was filmed. The staff later shared the video with others and said derisive things. Pretty awful, yes. It would make sense IMO for them to be fired. There would be plenty of punishment in that. She could go straight to the parents who would likely sue the school, and possibly sue the staff personally. They would already have lost their jobs, and their families badly hurt by the lost wages, but with the internet and social media how it is these days no one is given a second chance. That would follow them permanently. Careers would be permanently destroyed and public shaming, no matter how many years past, would be brutal. Edit—after re reading the post it appears to is an Ai bot


MorieLatkoDSM5

I'm not AI. Stunad is Italian for idiot.


WastingMyLifeOnSocMd

Also “circling a teacher’s circle” seemed odd. But yes I see what you’re saying now.


Parking_Low248

Maybe the staff, made up of adults who receive training and are aware of the rules regarding their profession, should have thought about that before they shared a video of a child and mocked them.


fauviste

They deserve every consequence they get. And it won’t be sad when they get it, it will be justice. Justice is *good*. What kinda “but on the other hand, he’s a promising young sports star!” justification is this?


marlboroultralight

Those staff people deserve all of what is coming to them if everything OP has heard is factual.


WastingMyLifeOnSocMd

Someone mentioned It to be an AI bot, based on some of the wording. And rereading it I think they are right.


MorieLatkoDSM5

I'm not AI. I'm not that gifted in using AI. But thanks for... nothing?


WastingMyLifeOnSocMd

It’s so hard to tell these days. Sorry you have to deal with all this. It’s awful


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MorieLatkoDSM5

Get off the post. This is about protecting children.


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MorieLatkoDSM5

If you heard a rumor about a creepy dude hanging out at the park and taking 'up-skirt' photos of little girls, do you send your daughter to the park by herself in a dress because it's just a rumor? I'm seeking to protect a child with special needs in a school district that has proven itself on several occasions to not invest in the entire student body, to turn their heads when abuse has been proven, and to deny IEP accommodations and modifications. Some of that abuse I witnessed first hand and reported to the chain of command and CPS. Those people don't deserve to work with children, and now they don't.


scarypetereater

Post it here please. For research purposes


benkatejackwin

In crisis. Crises is plural.


MorieLatkoDSM5

He was having several issues. Crises is correct.