Is it legal for a teacher to take a picture of a student on his or her cell phone without permission?

Answer 1

Not enough background information is given to answer fully, but generally -- teachers are not restricted from taking pictures of people anymore than the general public is restricted. Teachers have Constitutional Rights too.

Answer 2

Not if they have signed a piece of paper saying they can or the person having their photo taken agrees. (but it also depends on the school's rules/handbook) the signature also has to be done by a teacher or the principle.

Answer 3

There is nothing illegal about the act itself.

While the privacy laws of most states does not permit the publication or public posting of student images without parental permission, many schools avoid issues by obtaining this permission at the beginning of the year, or when students are enrolled.

Cellphones, most now with cameras, are a common substitute for an actual camera. Why purchase a separate camera when you already have a good quality camera on your smart phone?

As a classroom teacher, I and my fellow team teachers took photographs of students all year long and published them in a variety of ways. One particular lesson I developed used black and white photos of student's eyes only. I displayed them as a talking point as we read through Lois Lowry's The Giver. In a cooperative lesson with the social studies class, we took group photos of the teams who recreated the Lewis & Clark journey to Astoria, Oregon. Using these, we created an expedition map across two classrooms, and moved team photos along the route.

My point here is that anything that is educationally defensible is legitimate in the school environment. And, even if there is no parental permission on file, teachers may often use student photos in the classroom.

Answer 4

It is generally not legal for a teacher to take a picture of a student on their cell phone without permission as it can violate privacy laws and school policies. Teachers should always obtain consent from parents or guardians before taking or sharing any photos of students.

Answer 5

I'm sure it is legal in most, if not all, public schools.