Orlando Sentinel

Parents fight to record school day of son with disabiliti­es

- By Alanna Durkin Richer

BOSTON — A Maine teen with autism and a rare neurologic­al syndrome that affects his speaking ability cannot talk to his parents about his school day the same way other students can. So his family is fighting for the right for him to carry an audiorecor­ding device to ensure he’s being treated properly when they aren’t watching.

A novel case heading Monday to the 1st U.S. Circuit Court of Appeals in Boston, which hears most New England cases, pits the student’s parents against his southern Maine school district, which says the recording device would infringe on other students’ privacy rights. His parents say they need a glimpse into his day so they can better advocate for him.

“Most kids can come home and tell their parents what happened at school or what the teacher had done or not done. He can’t do that,” said Matthew Pollack, the father of Ben, 18.

The teen uses a device at school and at home that allows him to answer some questions or request things, but he cannot discuss events from his day, his father said.

The parents argue that laws prohibitin­g discrimina­tion against people with disabiliti­es require the district to allow him to record his school day.

The parents, both lawyers, first pushed for the recording device in 2012, after the boy was unusually upset one day. They suspected something happened at school but got no explanatio­n from administra­tors, they say. The student’s mother told the district they would start recording his days to “have some semblance of peace that he is safe at school.”

The school told the couple the recorder would violate a ban on students using privately owned electronic devices. Since then, two administra­tive hearing officers, a lower court judge and a jury have all rejected the family’s request.

“The plaintiffs have tried a number of legal theories under which to attach a recording device to the child, and they have lost at every round and on every theory,” said Daniel Nuzzi, an attorney for Regional School Unit 75, which includes Ben Pollack’s school in Topsham.

Attorneys for the district say teachers and administra­tors have gone above and beyond to provide the parents with informatio­n about the student, who they say loves school. A hearing officer concluded last year there is “simply no demonstrab­le benefit” to allowing the parents to record his day and that it would actually be “disruptive and detrimenta­l” to his education.

In other states, parents of special education students have secretly placed audio recorders on their children to expose abuse, which have led to firings or settlement­s. And Texas recently began requiring school districts to install cameras in certain special education classrooms.

But opponents say such actions raise serious privacy concerns. If parents can assert a right to “send an always-on listening device to school with their children, what would this mean for students who wished to report abuse or neglect at home to a school counselor, or for students with disabiliti­es who are LGBT?” asked Samantha Crane of the Autistic Self Advocacy Network.

Arlene Kanter, director of Syracuse University College of Law’s Disability Law and Policy Program, said she believes the family has a strong case.

The Americans With Disabiliti­es Act requires schools make accommodat­ions unless doing so would pose an undue burden or fundamenta­lly alter their program. The family is not asking, for example, the school to spend extra money, Kanter said. “From what I’ve seen, there wasn’t any showing that it was an undue burden,” she said.

 ?? JANE QUIRION 2013 ?? Ben Pollack uses a device that helps him communicat­e, but he cannot discuss events from his day, his father says.
JANE QUIRION 2013 Ben Pollack uses a device that helps him communicat­e, but he cannot discuss events from his day, his father says.

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