When the Marquez family wanted to find out if their son was telling the truth about his third-grade teacher scaring him, they slipped a digital recorder into his backpack.

Rialto Unified officials called foul, labeling the family's actions illegal.

But it may not be so clear-cut.

Under normal circumstances, California law requires both parties involved to agree to any recording - both the person being recorded and the person doing the recording. When Tim Braby taught his class at Henry Elementary on Aug. 31, he had no idea what the Marquez family was doing.

On the recording, Braby lectures one of his 10-year-old students: "Not very intelligent, are ya? Are ya? Why don't you grow up?"

Read more at the Contra Costa Times