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Legal Tweets
       Balancing the Promise of Social
        Media and Its Implications in
                   Schools




Monday, May 7, 2012
First a Tweet...




Monday, May 7, 2012
Elements embedded


                      Important facts

                      Context/history

                      Stakeholders

                      Remedies/Action Plan




Monday, May 7, 2012
Change due to the Net


                      Role of teacher from expert to facilitator

                      Students are digital natives

                      Conflict is inevitable-legal resolution




Monday, May 7, 2012
Student Expression
                      Tinker

                         Armbands OK as long as they do not “substantially interfere
                         with the operation of the school”.

                      Bethel

                         Sexual innuendo is ok.

                      Layshock

                         Upheld rights of students to set up fake MySpace accounts.

                      Supreme Court: not yet on social media.



Monday, May 7, 2012
Banning is not the
                              solution
                      “We live in an amazing age of global travel and
                      communications, which explorers like Lewis & Clark
                      probably never imagined could exist. The information
                      landscape today is similar to an amazing buffet of food:
                      Full of choices, fraught with challenges, and ripe with
                      opportunities. Like the ocean, the Internet can be a
                      dangerous place but also an extremely engaging and fun
                      destination. Just like responsible parents who teach their
                      children to swim in the ocean and make good decisions
                      when they are in and on it, as educators we need to help
                      our students learn to safely and effectively use the
                      Internet in constructively powerful ways.” (Fryer, 2006)


Monday, May 7, 2012
Instead: Teach students
                      how to use social media
                      THEN: Children’s Internet Protection Act
                      (2000)

                         Required for e-rate

                      NOW THE WORLD HAS CHANGED: Social
                      Media, Mobile Technologies
                      “Education, not mandatory blocking and filtering, is
                      the best way to protect and prepare America’s
                      students.” (from ISTE)


Monday, May 7, 2012
Use of Social Media by
                            Educators


                       Employers Checking out Potential Employees

                         Digital footprint




Monday, May 7, 2012
Abby’s Social Media
                            Timeline




Monday, May 7, 2012
Abby’s Social Media
                             Timeline
                      The first commercial dial-up Internet provider was launched the year she was
                      born.

                      She was a year old when the first web site was created

                      Four when the first popular web browser, Netscape Navigator was released, and

                      Eight years old when Google launched.

                      11 years old when Wikipedia was born.

                      14 when Facebook launched.

                      16 when the first Tweet was delivered in 2006.

                      17 when The iPhone was the biggest innovation of 2007.




Monday, May 7, 2012
Still, employers have to
                              be careful


                       Maryland Dept. of Corrections:

                         "Do you have any web page accounts such
                         as Facebook, MySpace, etc.?  If so, list your
                         username and password." 




Monday, May 7, 2012
Complaining about your
                            employer
                       Stein Case

                         Given “other than honorable discharge” for
                         negative comments re: Obama

                       Role of NLRB

                         Usually rules in favor of employee and is
                         stretching into non-Union arenas.

                         From Section 7 of the NLRB Act in 1935. OK to
                         use social media to criticize employers.


Monday, May 7, 2012
Getting the Word Out


                      Facebook comments from citizens

                        Protected by First and 14th Amendment

                      Bottom line-be ready to deal with criticism if
                      you open up the avenue.




Monday, May 7, 2012
Teacher’s PLN

                      Be Careful!

                      Christina Rubino lost job for saying on FB:
                        “After today, I am thinking the beach sounds like a
                        wonderful idea for my 5th graders! I HATE THEIR
                        GUTS! They are the devils (sic) spawn!”

                        The Court remanded the case back to NYDOE




Monday, May 7, 2012
Leader’s Action Plan
                      Districts must develop rigorous and appropriate PD.

                      Districts must develop sound social media policies.

                      Leaders need to monitor changing Federal policy
                      and legal decisions.

                      In the midst of a positive approach to the promise of
                      social media, leaders must be aware of pitfalls that
                      can trounce the educational potential of
                      technology.


Monday, May 7, 2012
Twitter



                      Anyone out there?




Monday, May 7, 2012

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Legal Tweets: Balancing the Promise of Social Media and Its Implications in Schools

  • 1. Legal Tweets Balancing the Promise of Social Media and Its Implications in Schools Monday, May 7, 2012
  • 3. Elements embedded Important facts Context/history Stakeholders Remedies/Action Plan Monday, May 7, 2012
  • 4. Change due to the Net Role of teacher from expert to facilitator Students are digital natives Conflict is inevitable-legal resolution Monday, May 7, 2012
  • 5. Student Expression Tinker Armbands OK as long as they do not “substantially interfere with the operation of the school”. Bethel Sexual innuendo is ok. Layshock Upheld rights of students to set up fake MySpace accounts. Supreme Court: not yet on social media. Monday, May 7, 2012
  • 6. Banning is not the solution “We live in an amazing age of global travel and communications, which explorers like Lewis & Clark probably never imagined could exist. The information landscape today is similar to an amazing buffet of food: Full of choices, fraught with challenges, and ripe with opportunities. Like the ocean, the Internet can be a dangerous place but also an extremely engaging and fun destination. Just like responsible parents who teach their children to swim in the ocean and make good decisions when they are in and on it, as educators we need to help our students learn to safely and effectively use the Internet in constructively powerful ways.” (Fryer, 2006) Monday, May 7, 2012
  • 7. Instead: Teach students how to use social media THEN: Children’s Internet Protection Act (2000) Required for e-rate NOW THE WORLD HAS CHANGED: Social Media, Mobile Technologies “Education, not mandatory blocking and filtering, is the best way to protect and prepare America’s students.” (from ISTE) Monday, May 7, 2012
  • 8. Use of Social Media by Educators Employers Checking out Potential Employees Digital footprint Monday, May 7, 2012
  • 9. Abby’s Social Media Timeline Monday, May 7, 2012
  • 10. Abby’s Social Media Timeline The first commercial dial-up Internet provider was launched the year she was born. She was a year old when the first web site was created Four when the first popular web browser, Netscape Navigator was released, and Eight years old when Google launched. 11 years old when Wikipedia was born. 14 when Facebook launched. 16 when the first Tweet was delivered in 2006. 17 when The iPhone was the biggest innovation of 2007. Monday, May 7, 2012
  • 11. Still, employers have to be careful Maryland Dept. of Corrections: "Do you have any web page accounts such as Facebook, MySpace, etc.?  If so, list your username and password."  Monday, May 7, 2012
  • 12. Complaining about your employer Stein Case Given “other than honorable discharge” for negative comments re: Obama Role of NLRB Usually rules in favor of employee and is stretching into non-Union arenas. From Section 7 of the NLRB Act in 1935. OK to use social media to criticize employers. Monday, May 7, 2012
  • 13. Getting the Word Out Facebook comments from citizens Protected by First and 14th Amendment Bottom line-be ready to deal with criticism if you open up the avenue. Monday, May 7, 2012
  • 14. Teacher’s PLN Be Careful! Christina Rubino lost job for saying on FB: “After today, I am thinking the beach sounds like a wonderful idea for my 5th graders! I HATE THEIR GUTS! They are the devils (sic) spawn!” The Court remanded the case back to NYDOE Monday, May 7, 2012
  • 15. Leader’s Action Plan Districts must develop rigorous and appropriate PD. Districts must develop sound social media policies. Leaders need to monitor changing Federal policy and legal decisions. In the midst of a positive approach to the promise of social media, leaders must be aware of pitfalls that can trounce the educational potential of technology. Monday, May 7, 2012
  • 16. Twitter Anyone out there? Monday, May 7, 2012