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Cyberbullying, Sexting and Social Networking

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Cyberbullying, Sexting and Social Networking …

Cyberbullying, Sexting and Social Networking
1. Familiarization with the applicable state and federal laws associated with potentially disrupting electronic communications
2. Suggestions for implementing effective school or district policies regarding electronic communications
3. Tips for safe use of electronic communications by both student and staff

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  • 1. Cyberbullying, Sexting and Social Networking© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010Program Objectives: What three things will participants learn from this session that can beimplemented? 1. Familiarization with the applicable state and federal laws associated with potentially disrupting electronic communications 2. Suggestions for implementing effective school or district policies regarding electronic communications 3. Tips for safe use of electronic communications by both student and staff Adapted from presentation to CRHS administration on 3/30/2010 by Arlen Kimmelman, Librarian, Clearview Regional HS: http://bit.ly/dn3IHA
  • 2. Cyberbullying, Sexting and Social Networking© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010Part 1: Familiarization with the applicable state and federal laws associated withpotentially disrupting electronic communicationsNJ Legislature I. Bill Search: http://www.njleg.state.nj.us/Default.asp II. Statutes: http://bit.ly/1gmH4c III. Email notification for selected bills: http://www.njleg.state.nj.us/bills/BillsSubscriptionLogin.aspNJ Cyberbullying Law as of July 2010 : http://bit.ly/bvAEXMRelevant NJ Bills in 2010-2011 Session:Cyberbullying: http://www.njleg.state.nj.us/2010/Bills/A3500/3328_I1.HTMHarassment: http://www.njleg.state.nj.us/2010/Bills/A3500/3409_I1.HTMSexting: http://www.njleg.state.nj.us/2010/Bills/A2000/1561_I1.HTMSocial networking: http://www.njleg.state.nj.us/2010/Bills/A3000/2689_I1.HTM http://www.njleg.state.nj.us/2010/Bills/S0500/326_I1.HTMRelevant Keyword Searches in NJ Statutes:„Child‟/„Internet‟: 2C:43-3.8 : http://bit.ly/9pN8Uv and 2C:7-2: http://bit.ly/9d3x1G„Bullying‟: 18A:37-15.1 : http://bit.ly/bh0Fes and complete search results for „Bullying‟ http://bit.ly/8YxXxB Note: definitions in 18A:37-14 http://bit.ly/cqM6OX„Online‟: 52:17B-193: http://bit.ly/aglbL7 and 2C:43-3.8: http://bit.ly/9tiVKE„Sexting‟: NONE!„Texting‟: NONE!„Social Networking‟: NONE!NJ’s County Prosecutors: http://bit.ly/cc9phxThere Isn‘t A Moment To Lose: An Urgent Call for Legal Reform and Effective Practices toCombat Bullying in New Jersey Schools, Report of the New Jersey Commission on Bullying inSchools, December 15, 2009, http://bit.ly/azTkJX Table of Contents Brief Overview of Findings and Recommendations ..................................................1 Summary of Findings ......................................................................................................5 Summary of Recommendations ......................................................................................6 Background on the New Jersey Commission on Bullying in Schools .............................8 Overview of Current State of Laws Pertaining to Bullying Issues .........................11 The New Jersey Law Against Discrimination (LAD) Also Provides Limited Protections for Some Victims of HIB .....................................................12 The New Jersey Bias Intimidation (BI) Statute Provides Limited Protections for Victims of Criminal Conduct That Sometimes Includes HIB .........................12 The New Jersey Anti-Bullying Law as the Principal Legal Mechanism for Addressing HIB in Schools .......................................................................14 Recommendation #1-22: ..........................................................................................14-43 Conclusion and Appendices .....................................................................................46-62
  • 3. Cyberbullying, Sexting and Social Networking© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010Part 2: Suggestions for implementing effective school or district policies regardingelectronic communicationsMy School‟s Policies: http://writer.zoho.com/public/pseudandry/schoolpoliciesSocial Networking Primer for School Boards: http://bit.ly/dopTUCNew Jersey‟s Model Policy and Guidance for Prohibiting Harassment, Intimidation and Bullyingon School Property, at School-Sponsored Functions and on School Buses (Revised November2008) http://www.state.nj.us/education/parents/bully.pdfReviewing and Updating Your Harassment, Intimidation and Bullying Policy Tip Sheet fromRutgers http://bit.ly/aNWRXqSection #2 – Statute and Regulatory RequirementThe policy shall contain a definition of harassment, intimidation or bullying, no less inclusivethan the definition set forth in the model policy. N.J.S.A. 18A:37-15(3)(b)(2) and N.J.A.C.6A:16-7.9(a) 2iiIssues for Consideration in Local Policy Development1. Does the policy address bullying incidents not motivated by characteristics such as the target‟s race, color, religion, gender, or sexual orientation?2. Do district policies and procedures address and impose consequences for acts of HIB that occur off of school grounds including all forms of electronic communication, such as cyber- bullying?3. Does the definition of HIB include “any electronic communication?”4. Does the policy provide clear examples of what is meant by “electronic communication?”Resources from University of San Diego School of Leadership and Education Sciences,Center for Education Policy and Law:A. Helping School Personnel Control Student Misuse of Electronic Communication Devices On and Off Campus - October 2010, University of San Diego Center for Education Policy and Law: http://bit.ly/cidvxAB. Suggested Student Discipline Rules (Short Version), Student Misuse of Electronic Communication Devices in Junior High and High Schools, (2 pp.) http://bit.ly/9HZPTe Center for Education Policy and Law • University of San Diego, October 2010C. Suggested Student Discipline Rules (Long Version), Student Misuse of Electronic Communication Devices in Junior High and High Schools, (4 pp.) http://bit.ly/ctrjNn Center for Education Policy and Law • University of San Diego, October 2010 (Continued on next page)
  • 4. Cyberbullying, Sexting and Social Networking© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010D. Free Speech and Privacy Dimensions Of Student Misuse of Their Own Electronic Communication Devices in Elementary and Secondary Schools: A Review of the Issues and Related [CA] Law, http://bit.ly/c5HQ1e Frank Kemerer, Professor-in-Residence, School of Law and School of Leadership and Education Sciences • University of San Diego, October 2010E. Suggested School District Policy: Student Misuse of Electronic Communication Devices, Center for Education Policy and Law • University of San Diego, October 2010, http://bit.ly/aMpmZBF. Resources for Learning about Electronic Communication Devices, Center for Education Policy and Law • University of San Diego, Information compiled by Megan Cramer, Research Assistant, July 2010, http://bit.ly/czh2Yi
  • 5. Cyberbullying, Sexting and Social Networking© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010Part 3: Tips for safe use of electronic communications by both student and staffSafety Tips: http://writer.zoho.com/public/pseudandry/safetytipsCyber Safety Tool Kit: Solutions for Schools, NJPSA‟s [New Jersey‟s Principals andSupervisor‟s Association], © 2009: http://www.njpsa.org/documents/pdf/bully.pdf 1. Cyber Problems (p.2) a. Cyber Bullying b. Cyber Predators c. Cyber Memory d. Cyber Crime e. Cyber Cheating 2. Solutions for Cyber Safety (p.4) a. Prevent Cyber Bullying 3. What the Law Requires: Legal Issues Related to Cyber Bullying (p.8) a. Legal Definition of Bullying b. Conduct Away from School Grounds c. Cyber Bullying and Student Due Process Rights d. Landmark N.J. Supreme Court Decision Sets New Standard e. Case Law Regarding Student Discipline and Cyberspace f. Searches of Cell Phones and Other Hand Held Devices 4. Additional Steps for Cyber Safety (p.14) 5. Agencies Investigating Cyber Crime (p. 16) 6. Talking Points to Use with School Staff (p. 17) a. Talking Points to Use with Families 7. Tips for Families of Middle and High School Students (p. 20) 8. Tips for Families of Elementary Students (p. 22) 9. Links and Resources (p. 24) 10. Welcome to Cyberspace: The New Vocabulary (p. 27) 11. Top 15 Social Networking Sites (p. 30)