December 01, 2008
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School board bans taping in class after student records teacher stating his religious views




Legal Clips, [February 2007]

After a New Jersey high school teacher was recorded telling students they belonged in hell if they did not accept Jesus as their savior, the school board has banned taping in class without an instructor's permission and added training for teachers on the legal requirements on separation of church and state. Matthew LaClair, a student at Kearny High School, says he taped the teacher’s remarks about evolution, the Big Bang, dinosaurs on Noah’s ark, and heaven and hell because he feared school officials would not believe him otherwise. However, several students complained to the school board that their voices had been broadcast on the Internet and on television news programs without their consent. In response, the board has adopted a policy requiring students to request permission from an instructor to record or videotape a class. "Adoption of this rule at this time sends all the wrong messages," says Paul LaClair, Matthew’s father. "We were in negotiations and this is extremely ill-advised and disrespectful, if not bad faith." However, Kearny school board president Bernadette McDonald also has issued to the community a memo stating that every teacher will receive mandatory instruction about how to interpret the U.S. Constitution’s separation of church and state requirement and how it should apply to classroom discussions. In addition, she is asking the school board to adopt a policy showing "its strong commitment to the principle that the personal religious beliefs of our instructional staff have no place in our classrooms." Kenneth J. Lindenfelser, the board’s attorney, says classes are being planned to inform students of their constitutional rights, to encourage them to come forward with questions, and to explain that people "who exercise their rights should not be viewed negatively." Although school officials indicate they have taken "corrective action" against the teacher, they decline to give specifics.

New York Times
By Tina Kelley
[Full story]

[Editor’s Note: Past coverage of the story is summarized below. For an overview of how schools are coming to grips with questions about the recording of teachers, see the Los Angeles Times article.]
[NSBA School Law pages on recording incident]

Los Angeles Times
By Tami Abdollah & Amanda Covarrubias
[Full story]


 
 
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