SAISD Cyberbullying

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October 20, 2007

Published in: Technology, Education
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SAISD Cyberbullying

  1. 1. What can principals do about cyberbullying?
  2. 2. 1 Get this presentation!
  3. 3. Nation’s only university center dedicated to K-12 technology » I - issues Nation’s first graduate program for tech-savvy leaders Postsecondary Partnership Program Lots of resources for K-12 leaders ' Blogs, including Dangerously Irrelevant ° School Data Tutorials and other DDDM resources ' Principals Technology Leadership Assessment - Did You Know? and more!
  4. 4. 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.
  5. 5. A "W’: Il'l I'll u~_l , l "' This presentation is rated PG-13 for vulgar language, violent imagery, content of lewd and sexual nature
  6. 6. . 1 ‘,1, A 1' Schools have an affirmative obligation to protect students and/ or employees from harassing, threatening, and/ or bullying conduct
  7. 7. 1 Principle 2 - he I The default rule is that student speech in schools is protected.
  8. 8. I true threat I material and substantial disruption (or reasonable forecast thereof) (Tinker v. Des Moines) I vulgarity (Bethel v. Fraser) I legitimate pedagogical concern (Hazelwood v. Kuhlmeier) I druggie language (Morse v. Frederick)
  9. 9. I I ' 11'». r: ' »’tIll*| ‘.ll “-1lIiI= *:lI <11: i»fl. Iv; I I. l‘fi1:'1~§rr If till)! Ii- I Fights off school grounds I Illegal drug / alcohol use I Underground newspapers I Peaceful protests
  10. 10. i “I I1 2'1 Ilv ‘ I I Schools may discipline students for out-of-school conduct that substantially interferes with the normal operations of the school (a la Tinker)
  11. 11. , 1 Morse v. Frederick (2007)
  12. 12. E Beussink (1998, MO) I High school senior made web page highly critical of school administration; some vulgarity I Invited readers to contact the school principal to express opinions about school and linked to school web page I Another student showed web page to teacher I Student suspended for 10 days; failed four classes
  13. 13. E 15. v. Bethlehem (2000, PA) I 8th-grader made “Teacher Sux” web site I Disrespectful language re: principal I Violent language / imagery re: teacher I Teacher fear, stress, medical leave I Student suspended for 10 days, recommended for expulsion
  14. 14. E Emmet (2000, WA) I High school senior/ basketball team co-captain made “Unofficial Kentlake High Home Page” with mock obituaries I Visitors could vote on who would “die” next I TV show ran story on web page with “hit | ist” I Student suspended for five days, including basketball team's playoff game
  15. 15. A 1 ‘.7./ E71 If 1 I1 I I High school student / member of track team made an insulting “Top Ten” list about athletic director I E-mailed list to friends; list made it to school I Student suspended for 10 days
  16. 16. , I I Student created web site for skate boarder group that contained some insulting, profane material I Student accessed web site at school I No other students viewed site I Suspended for 4 days, expelled for 80 days (later modified to 80-day probation period)
  17. 17. Iv/ f'—. ‘ 1-e; _~‘': .r. : _‘_I II 1_ N? ’ I Created ‘Satan’s web page’ * ‘people that are cool’ / ‘people I wish would die’/ I ‘movies that rock’ / ‘music I hate’ / ‘music that is cool’ I ‘Satan’s mission for you this week’ I Student suspended, recommended for expulsion
  18. 18. I 1 . I1 / .11Ii.11‘: _;1,': ».~'1’ . '*| " I Said central office employees were ‘douchebags’ I Prohibited from running for class secretary again (held that position for last three years)
  19. 19. E How’d you do? I Use of Tinker test (material and substantial disruption) I The only case that schools won was J. S. v. Bethlehem (teacher medical leave) I School won in Doninger too but watch the appeal I Strong protections for students’ constitutionalIy-protected speech rights
  20. 20. . , ..-‘I. l1 Ir‘ :1 I I If they have a strong acceptable use policy, schools can regulate student cyberspeech if done during school time and/ or using school computers
  21. 21. .; :1 lit‘ 1; I Schools have more leeway with employees
  22. 22. ‘ ‘ ‘-. - -I j 1|I1||1.“vl: ‘,I: ‘1 H‘ 1:‘! ,I1]. {.1,{1.1 I School employees are “agents” l representatives of the school I Employee speech protected only if I on a matter of legitimate public concern, E I not outweighed by school's responsibility to manage its internal affairs and to provide effective and efficient service to the public
  23. 23. ’1~‘: ‘1‘. "|: ~m, I I 1 1 1 1 is a high hurdle for schools I Schools can always educate I Schools should regulate with caution I Private lawsuits are always a possibility I Schools have more leeway with employees than with students
  24. 24. . 1 Copyright notice

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