Can Schools Regulate Cyberbullying, Harassment, and Social Networking? Scott McLeod, J.D., Ph.D.

Get this presentation! www.scottmcleod.net/ties2006

www.scottmcleod.net/ties2006

CASTLE Nation’s only university center dedicated to K-12 technology leadership issues 15 credits of graduate coursework Postsecondary Partnership Program Lots of resources for K-12 leaders Principal Blogging Project School Data Tutorials and other DDDM resources Principals Technology Leadership Assessment and more!

Nation’s only university center dedicated to K-12 technology leadership issues

15 credits of graduate coursework

Postsecondary Partnership Program

Lots of resources for K-12 leaders

Principal Blogging Project

School Data Tutorials and other DDDM resources

Principals Technology Leadership Assessment

and more!

Disclaimer We are not in an attorney-client relationship. Do not construe anything I say as accurate legal advice. For any and all legal questions, I strongly recommend that you speak with a reputable attorney who specializes in school law issues.

We are not in an attorney-client relationship. Do not construe anything I say as accurate legal advice. For any and all legal questions, I strongly recommend that you speak with a reputable attorney who specializes in school law issues.

Warning This presentation is rated PG-13 for vulgar language, violent imagery, content of lewd and sexual nature

This presentation is rated PG-13 for vulgar language, violent imagery, content of lewd and sexual nature

Principle 1 Schools have an affirmative obligation to protect students and/or employees from harassing, threatening, and/or bullying conduct

Schools have an affirmative obligation to protect students and/or employees from harassing, threatening, and/or bullying conduct

Principle 2 The default rule is that student speech in schools is protected.

The default rule is that student speech in schools is protected.

3 Supreme Court exceptions material and substantial disruption (or reasonable forecast thereof) ( Tinker v. Des Moines ) vulgarity ( Bethel v. Fraser ) legitimate pedagogical concern ( Hazelwood v. Kuhlmeier )

material and substantial disruption (or reasonable forecast thereof) ( Tinker v. Des Moines )

vulgarity ( Bethel v. Fraser )

legitimate pedagogical concern ( Hazelwood v. Kuhlmeier )

What about student conduct outside of school? Fights off school grounds Illegal drug / alcohol use Underground newspapers Peaceful protests

Fights off school grounds

Illegal drug / alcohol use

Underground newspapers

Peaceful protests

Principle 3 Schools may discipline students for out-of-school conduct that substantially interferes with the normal operations of the school

Schools may discipline students for out-of-school conduct that substantially interferes with the normal operations of the school

Beussink (1998, MO) High school senior made web page highly critical of school administration; some vulgarity Invited readers to contact the school principal to express opinions about school and linked to school web page Another student showed web page to teacher Student suspended for 10 days; failed four classes

High school senior made web page highly critical of school administration; some vulgarity

Invited readers to contact the school principal to express opinions about school and linked to school web page

Another student showed web page to teacher

Student suspended for 10 days; failed four classes

Can school discipline student? Yes No

Yes

No

J.S. v. Bethlehem (2000, PA) 8th-grader made “Teacher Sux” web site Disrespectful language re: principal Violent language / imagery re: teacher Teacher fear, stress, medical leave Student suspended for 10 days, recommended for expulsion

8th-grader made “Teacher Sux” web site

Disrespectful language re: principal

Violent language / imagery re: teacher

Teacher fear, stress, medical leave

Student suspended for 10 days, recommended for expulsion

Can school discipline student? Yes No

Yes

No

Emmet (2000, WA) High school senior / basketball team co-captain made “Unofficial Kentlake High Home Page” with mock obituaries Visitors could vote on who would “die” next TV show ran story on web page with “hit list” Student suspended for five days, including basketball team’s playoff game

High school senior / basketball team co-captain made “Unofficial Kentlake High Home Page” with mock obituaries

Visitors could vote on who would “die” next

TV show ran story on web page with “hit list”

Student suspended for five days, including basketball team’s playoff game

Can school discipline student? Yes No

Yes

No

Killion (2001, PA) High school student / member of track team made an insulting “Top Ten” list about athletic director E-mailed list to friends; list made it to school Student suspended for 10 days

High school student / member of track team made an insulting “Top Ten” list about athletic director

E-mailed list to friends; list made it to school

Student suspended for 10 days

Can school discipline student? Yes No

Yes

No

Coy (2002, OH) Student created web site for skate boarder group that contained some insulting, profane material Student accessed web site at school No other students viewed site Suspended for 4 days, expelled for 80 days (later modified to 80-day probation period)

Student created web site for skate boarder group that contained some insulting, profane material

Student accessed web site at school

No other students viewed site

Suspended for 4 days, expelled for 80 days (later modified to 80-day probation period)

Can school discipline student? Yes No

Yes

No

Mahaffey (2002, MI) Created ‘Satan’s web page’ ‘people that are cool’ / ‘people I wish would die’/ ‘movies that rock’ / ‘music I hate’ / ‘music that is cool’ ‘Satan’s mission for you this week’ Student suspended, recommended for expulsion

Created ‘Satan’s web page’

‘people that are cool’ / ‘people I wish would die’/

‘movies that rock’ / ‘music I hate’ / ‘music that is cool’

‘Satan’s mission for you this week’

Student suspended, recommended for expulsion

Can school discipline student? Yes No

Yes

No

How’d you do? Use of Tinker test ( material and substantial disruption ) The only case that schools won was J.S. v. Bethlehem (teacher medical leave) Strong protections for students’ constitutionally-protected speech rights

Use of Tinker test ( material and substantial disruption )

The only case that schools won was J.S. v. Bethlehem (teacher medical leave)

Strong protections for students’ constitutionally-protected speech rights

Principle 4 If they have a strong acceptable use policy, schools can regulate student cyberspeech if done during school time and/or using school computers

If they have a strong acceptable use policy, schools can regulate student cyberspeech if done during school time and/or using school computers

Principle 5 Schools have more leeway with employees

Schools have more leeway with employees

Employee cyberspeech School employees are “agents” / representatives of the school Employee speech protected only if on a matter of legitimate public concern, and not outweighed by school’s responsibility to manage its internal affairs and to provide effective and efficient service to the public

School employees are “agents” / representatives of the school

Employee speech protected only if

on a matter of legitimate public concern, and

not outweighed by school’s responsibility to manage its internal affairs and to provide effective and efficient service to the public

Upcoming Supreme Court case

Review Substantial interference is a high hurdle for schools Schools can always educate Schools should regulate with caution Private lawsuits are always a possibility Schools have more leeway with employees than with students

Substantial interference is a high hurdle for schools

Schools can always educate

Schools should regulate with caution

Private lawsuits are always a possibility

Schools have more leeway with employees than with students

Get this presentation! www.scottmcleod.net/ties2006

www.scottmcleod.net/ties2006

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