TOPSHAM

A federal jury has sided with School Administrative District 75 in a suit over the use of a recording device by a student with disabilities.

Matthew Pollack and Jane Quirion filed a suit against SAD 75 in U.S. District Court in March 2013. They stated their then-14-year-old son had his First and 14th Amendment rights, guaranteeing freedom of expression, violated.

Their son has multiple disabilities, is nonverbal and unable to describe the events of the day to his parents without a personal recording device, they argued.

Such a device would have aided him in communicating information to his parents, including what happened to him at school, whether he was mistreated and whether school staff complied with the requirements of his Individualized Education Program.

The suit noted that their son “once came home with mysterious bruising, but he could not tell his parents what happened to him.”

Another day, Pollack and Quirion stated their son came home extremely upset, but couldn’t tell his parents the cause of his distress. This left the parents unable to advocate on their son’s behalf.

They argued that their son has suffered “substantial harm” by being denied informed advocacy, and was entitled to an award of damages to compensate him for that loss.

SAD 75 argued there are no grounds for such compensation.

The school district argued that no court has yet held that undifferentiated, all-day recording in a nonpublic forum such a classroom is protected conduct under the First Amendment.

It further argued that for the First Amendment to apply, the plaintiff must prove that the all-day recordings would be made with the intent to disseminate information to the public.

According to the jury verdict, Pollack and Quirion were unable to prove they planned to use the recordings to express or communicate an idea for some public purpose.

The school district, however, was able to prove the recording activity would likely interfere with school activities and collide with the right of other students to be secure and let alone.

“The verdict in favor of the district to prohibit such recording is a significant decision for students and teachers in our district, state and country,” wrote SAD 75 Superintendent Brad Smith in a statement issued Tuesday.

“I appreciate the tireless dedication of our teachers, administrators and support staff, who despite years of litigation, have continued to provide a first-class education to the student in this matter, and to all students in our district,” Smith wrote. “One of our responsibilities as educators is to protect the rights of all students under our care. Another obligation is to maintain a productive and positive learning environment. That is what has taken place in this case.”

Smith said that the educators in the district’s special education department believed very strongly that the use of a recording device throughout the day would have negatively impacted his education as well as the education of other students.

The Maine Supreme Court decided Tuesday in favor of the district on the Freedom of Access Act repeal filed by the same couple, affirming a District Court’s ruling.

dmoore@timesrecord.com