This document discusses legal issues around digital tools in schools. It argues that banning devices and websites is short-sighted and prevents maximizing educational outcomes. Instead, schools should teach students responsible use of digital tools to prepare them for the future. The production considered legal issues around copyright and student privacy. It concludes that stakeholders should have open discussions about embracing, rather than banning, digital tools to enhance learning.

1. Spring 2011
"Banning or Educating: Why doesn't the benefit of education outweigh the risk of litigation?"
Peggy Villars Abadie, Alicia Drake, Paula Naugle, Mona Wexler
Southeastern Louisiana University – ETEC 635
Spring 2011
Abstract - This project embarks on addressing the legal issues around various digital tools. In
schools across the country, administrators have taken a very old action against this very new set
of tools. The problem is that the old action plan “No Toys at School” only works if the tools are
not tools and are in fact toys. In these cases we will entertain the reality that these are tools and
the impracticality of adopting the banning of them rather than undertaking to find out how they
can and should be embraced to drive student outcomes to new heights, is foolhardy.
Introduction - The video opens with a scene that might play out and probably does in
classrooms across the nation. In the scene the speakers are students, but as viewers will learn
they could be faculty members or even a blend of students and faculty members. The scenes
entertained in the video cover devices banned in schools, banned websites for students, banned
websites for faculty members, and digital footprint issues. In the making of the video there were
a number of considerations around legal issues tied to multi-media production.
Legal Concerns in Production - Viewers will note the use of photographic images. Many of
the images used in this production come from Creative Commons which provided us with access
to some images free of copyright infringement issues by choosing from the “Share Alike”
inventory. Other images were made available with the appropriate citations so as to prevent a
copyright infringement issue. Concerns over the use of student images were also avoided in the
production in as much as no student images were included. If they had been, then we would
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have been obligated to consider the need for parental consent forms to include identifiable
images of minors. This production additionally avoided the legal concerns around use of
copyrighted music and/or video clips in as much as all the material included herein is original
media produced by the members of this team. If any copyrighted materials would have been
employed the team would have been obligated to provide appropriate citations for the material
chosen. Additional concerns around the use of copyrighted material would have been connected
to the breadth of distribution for the project. Sufficiently distributed projects could conceivably
have owed the originators of the media royalties for their use. Again, these were not concerns in
this project owing to the decision to use only original material.
Banned Devices - In a conversation overheard in the Superintendent‟s conference room, the IT
Director was appealing to the principals to reconsider their rule against cell phones in schools.
The district in the scenario is like most districts in that a blanket rule against cell phones was
adopted not because anyone ever thought about whether or not it was a reasonable idea, but
because pagers were banned and cell phones took the place of pagers. This conversation will
address the silliness behind this approach. It is both shortsighted and frankly counterproductive
to maximizing educational outcomes for the twenty-first century learner. Frankly, when the
conversation turns to what we want in student outcomes, the traits most commonly mentioned
are creative, collaborative, & evaluative. Yet, we routinely operate under the auspices of rules
derived in anything but these ways. This project discusses in as humorous a way as possible the
risks we as educators and those who support them take when we make snap decisions.
Arguably, the issues around how these devices are handled in educational settings are one of the
most compelling conversations NOT being held in districts today. Students in classrooms
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since the late 1990s are inexorably connected to handheld electronics that grow in power and
capability by the day. Yet, in districts across the nations the ostrich approach (head in the sand)
to addressing them is held to as if life itself depends on the grip. That in and of itself is
motivation enough to cause reasonable people to let go and reconsider. Add the element of
possibility that enters when the devices are not only allowed, but embraced and employed. Now
classrooms take on a panorama of options around how the students being actively engaged with
the content will alter the experience of the learner. Clearly these are conversations we as
thinking people must be willing to entertain.
Blocked Websites/Students - What should we do as educators: ban or teach responsible use?
Teachers all over the United States are asking this. Should we be preparing students to be 21st
century citizens by showing them how to use the internet responsibly? Students are not allowed
to access many of the social networking sites, game sites and informational websites that may
contain certain terms. Often it is one arbitrary word that decided whether the information on the
website is available for school viewing or not. Should one word be the deciding factor or one
individual have the decision making power over everyone? These children will eventually have
to navigate the thorny issues of online websites and social networking on their own. Wouldn‟t it
be better to teach them using the guidance of educators?
School systems today contain many different religions, ethnic, and cultural groups, all of whom
have somewhat differing standards of acceptable behavior. Parents are not afraid to speak up
about what they deem offensive and, in our litigious society, to sue schools and teachers over
conflicts. Some of the school district policies are created to avoid such litigation. Additionally,
the federal government has laws that require schools to educate students about online safety and
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to install filtering software. The filtering software choice and the settings for the filters are
chosen by the Local Education Authorities, which means each district must decide how
restrictive it wants to be. Teachers and administrators have to decide who can access what,
which requires careful thought and consideration.
Blocked Websites/Faculty - As you have read and experienced for yourself, many schools filter
social networking sites. Are Internet filters appropriate for children and adults? Why are they
filtering the adults that work for them?
There are hundreds of inappropriate sites surfacing every day and it is a losing battle to try to
create a database of every bad web site on the Internet. We can use keyword-based filters, but
even these do not block all improper web sites. These also frequently block valid educational
web content, throwing out the proverbial baby with the bath water. Do filters overstep their
bounds? Is our technology staff responsive enough to the needs of classroom teachers?
When teachers communicate they are bound to a code of ethics built around the principles of the
teaching profession. But what about our ethics? Are we not allowed to instill our ethics in our
students? Are ethics only during school hours or should they apply 24 hours a day, 7 days a
week? Who determines ethical behavior online? If a teacher blogs and protects the students‟
identities anonymously is the teacher protected?
As teachers, we have our own code of ethics. What have we done to become teachers? How
long have we worked to get where we are today? Are our employers telling us our ethics are not
good enough for our students?
Some officials say they support the guidelines, but that the policy is over reaching and intrusive.
Lawsuits challenge the constitutionality of this policy because it violates the teachers‟ First
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Amendment rights. Do public employees have the same right as any taxpayer to express their
feelings about the school district, school, or students.
This is a losing strategy that prevents educators from accessing potentially powerful educational
material and damages employee morale. Nice job, administrators!
Digital Footprints - Do you love walking in the sand with the sound of the waves breaking on
the shoreline? That is one of my favorite activities, it relieves my stress and I smile as the
footprints I leave behind are washed away by the approaching waves.
Have you ever been in a situation where you have worried about the footprints you are leaving
behind such as when you cross a freshly raked Zen garden or walking in wet cement? Some
footprints are a little more permanent then others. Think about your digital footprint.
I always hear a little voice saying to me as I go to hit the submit button – what goes online stays
online. I tell my 4th graders to think about these questions before they post anything on line
1. Would you want your mom or grandmother to see this?
2. Would you want your future college recruiter to see this?
3. Would you want your future employer to see this?
When I first started teaching my students about digital footprints, they didn‟t understand how
postings they do today can impact their future. I cited examples of students who years later
realized that they had been denied entrance to the college of their choice or weren‟t hired for that
perfect job because of photos they uploaded the FaceBook.
So consider this – What does your digital footprint look like?
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Conclusion - It is clear that digital tools are ripe for conversation around how to handle them in
the educational settings. This project is intended to open a dialogue among stakeholders around
the unreasonableness of adopting a „ban them‟ stance. Rather, reasonable minds are encouraged
to consider the very real possibility that if these tools are embraced and employed, they have the
potential to drive student learning to heights never fully imagined by classroom teachers in
traditional settings. The producers encourage viewers to engage in lively conversations around
these topics for their districts, schools, classrooms, or children.
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