An overview of the problems that electronic media can pose for educators, and advice on avoiding them!

1. Electronic Mediaandthe Teacher

2. Overview Background Types of social media and their use Facebook, Twitter and YouTube Issues for teachers Personal use pitfalls Pickering v. Board of Education two-prong test Examples Good advice Issues for students Social media Sexting Cyber-bullying

4. More than 40 million status updates posted daily

5. More than 14 million videos and two billion photos uploaded every month

10. Answer the question, “What are you doing?” by sending short text messages (maximum 140 characters called “tweets”)

11. You “follow” and are “followed”

12. Immediate information

15. Allows people to easily upload and share video clips on www.YouTube.com and across the Internet through websites, mobile devices, blogs and e-mail

17. Other Teacher Items on YouTube

19. visit social networking sites 50%

20. read blogs 39%

21. contribute to discussion groups 23%

22. upload photos for website sharing 37%

23. Four out of five adults of all ages now use social media, including blogs and social networks.Source: Forrester Research, New York Times

25. for work?

26. for union communications?Show of hands please…

27. Issues for Teachers:What about my free speech? In short: Teacher = Public Employee Public Employee = Limited Free Speech Public employers (aka school districts and the state) can restrict the speech of their employees There are limits to the employer’s ability to restrict employee speech BUT, limits on the employer are narrowly applied by the courts

28. The Pickering Two-Prong Test Pickering v. Board of Education (1968) Pickering was a Local 604 member terminated for sending letters to the editor that criticized the school district and the superintendent Failure to advocate for a referendum and Spending more money on athletics than academics Termination ruled unconstitutional Pickering two-prong test Employee speaking as a citizen on a matter of public concern If citizen and matter of public concern, then the court balances the employee and employer’s interests

30. Public concern does not include a matter of purely personal interest

32. efficient operation of the school

33. good relations between co-workers

34. good rapport between teachers and students

36. The Post Save us White Boy! I met with the new me today: the person who will take my summer work and make it a full-time year-round position. I was on the interview committee for this job and this guy was my third choice ... and a reluctant one at that. I truly hope that I have to eat my words about this guy.... But after spending time with this guy today, I think Boss Lady 2.0 made the wrong call in hiring him ... He comes across as a smug know-it-all creep. And that's probably the nicest way I can describe him.... He has a reputation of crapping on secretaries and not being able to finish tasks on his own.... And he's white. And male. I know he can't help that, but I think the District would have done well to recruit someone who has other connections to the community.... Mighty White Boy looks like he's going to crash and burn

37. The Result Richerson was involuntarily transferred from curriculum specialist back into a classroom teaching position Transfer OK’d by court Comments DID NOT involve a matter of public concern AND, even if they did… “legitimate administrative interests” of the school district outweighed Richerson’s right of free speech few teachers would enter into a confidential and trusting relationship with Richerson

38. Example: Spanierman v. Hughes Spanierman was a non-tenured high school teacher with a MySpace page Said purpose was to “communicate with students about homework, to learn more about the students so he could relate to them better, and to conduct casual, non-school-related discussions.” Colleague reported Spanierman’s page to administrators Nude photos with inappropriate comments Nature of personal conversations with students

39. The Conversations – One Example Spanierman: “Repko and Ashley sittin in a tree.K I S S I N G. 1st comes love then comes marriage. HA HA HA HA HA HA HA!!!!!!!!!!!!!!!!!!!!!!!! LOL” Student: “dont be jealous cuase you cant get any lol :)” Spainerman: “What makes you think I want any? I’m not jealous. I just like to have fun and goof on you guys. If you don’t like it. Kiss my brass! LMAO”

40. The Result Spanierman’s contract wasn’t renewed because of the content on MySpace Court upheld school’s action Spanierman not required to have MySpace profile Content on MySpace was purely personal So, no balancing of interests If balancing required: Spanierman’s actions “undermined his professional rapport and authority with students”

41. Example: The Drunken Pirate Snyder v. Millersville University Stacy Snyder was given a failing grade in her student teaching practicum after her placement school found the following photo titled “drunken pirate” and questionable post on her MySpace profile Snyder was denied her teaching degree but was allowed to transfer all of her credits to English credits in order to graduate

42. The Post “First, Bree said that one of my students was on here looking at my page, which is fine. I have nothing to hide. I am over 21, and I don't say anything that will hurt me (in the long run). Plus, I don't think that they would stoop that low as to mess with my future. So, bring on the love! I figure a couple of students will actually send me a message when I am no longer their official teacher. They keep asking me why I won't apply there. Do you think it would hurt me to tell them the real reason (or who the problem was)?”

43. The Result Two issues: placement school action university action The placement school was allowed to essentially terminate Snyder because student teachers are regarded as teachers (aka public employees) under the law Court found that university did not violate Snyder’s First Amendment rights by denying degree

44. Additional Examples Shaver v. Davie County Public Schools Bus driver terminated because of wife’s explicit website; alleged that he suggested students visit the site Court found that speech didn’t involve a matter of public concern Reporter details teachers’ posts Reporter searched for school employees with social networking profiles Teacher had posted, “I am teaching in the most ghetto school in Charlotte.” Teacher was suspended Other teachers were also disciplined for posts

45. Additional Examples $92,000/year teacher fired over FB Called residents of town “arrogant and snobby” and said, “so not looking forward to another year at Cohasset schools.” “Now I remember why I stopped teaching kids. They are all germ bags.” Teacher settles after photo of her with stripper posted on FB No lawsuit filed, but ACLU involved $10k to ACLU and $4k in backpay to teacher 30-day suspension reduced to 19 days Co-worker posted the picture; picture was online less than one day

46. Recap Citizen + Matter of Public Concern Protected if Employee’s Interests Outweigh the Employer’s Interest Employee + Official Duty Not Protected Individual + Personal Interest Not Protected

47. Good Advice for Teachers DO use privacy settings to keep your information as private as possible treat everything you post as potentially public use web searches to find information posted about you by others If you find something, print a copy (the online version may disappear) DON’T post anything offensive friend your students use your full name as your username

48. Student Issues Social Networking Student off-campus, on-line speech protected Student created FB page titled, “Ms. Sarah Phelps is the worst teacher I’ve ever met!” Student created mock MySpace profile of principal saying that he took drugs and kept beer in his desk Student off-campus, on-line speech not protected Student mocked principal with fake MySpace page insinuating the principal was a pedophile and sex addict Courts are using 1969 Tinker case as basis for finding student discipline unconstitutional; Tinker allowed students to wear black armbands to protest the Vietnam war

49. Student Issues “Sexting” Definition: a text or electronic message that includes sexually explicit photographs sent from one cell phone to another. Currently, “sexting” falls within definition of child pornography; violators can be guilty of a felony and required to register as a sex offender New law (PA 96-1087) reduces the punishment for minors who engage in “sexting” by prosecuting the crime under sex offender laws rather than child pornography laws Eff. January 1, 2011

50. Student Issues Cyber-bullying Definition: occurs when a child or teen is embarrassed, humiliated, harassed, tormented or otherwise targeted by another person using the Internet or other form of digital communication. Attorney General has online resources for educators (http://illinoisattorneygeneral.gov/ cyberbullying/for_educators.html) Warning signs that someone is being cyber-bullied: reluctance to use a computer, avoiding friends, student seems sleep-deprived

51. Questions?