In issuing the model Reservation of Rights letter for use by parents with children enrolled in virtual classes, Rutherford Institute attorneys warned government officials against leveraging the current public health situation to further erode the privacy of American citizens: “At a minimum, schools must not use virtual learning platforms to conduct unwarranted surveillance of students’ homes nor use observations made from within the home as a basis for alleging a crime has been or is being committed.”
The issue arose after Isaiah Elliott, a seventh grader at Grand Mountain School in Colorado Springs, Colo., was reported to police by school officials for playing with a toy gun in the privacy of his own home during a virtual class on the morning of August 27, 2020. Not only was the 11-year-old suspended for five days for “bringing” a “facsimile of a firearm to school,” but he was also traumatized when a police officer showed up at his home to interrogate him. School officials reported the incident to the El Paso County Sheriff’s office, and a deputy was dispatched to the school. The deputy reviewed a video of the art class that was recorded without the knowledge or consent of students or their parents and saw the boys playing with the toy gun. A police officer was then dispatched to the Elliott home, where he confronted Isaiah, warning him that he could face criminal charges in the future.
Rutherford Institute attorneys have called on school officials to expunge Isaiah’s suspension. Institute attorneys also warned school officials against adopting draconian disciplinary measures that fly in the face of common sense and constitutional standards. Both letters, the model Reservation of Rights letter to protect against abuse of remote learning technologies and the letter to Widefield School District 3, are available at www.rutherford.org.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been violated and educates the public about threats to their freedoms.
Source: https://bit.ly/3cgC4TW
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