Site Tech Coordinators September 2009 8:00 -10:45 AM

Site Tech Coordinators

September 2009

8:00 -10:45 AM

Agenda• 8-8:30 IT

Department Announcements8:30 – 9:30

TechGradRequirementEETT Grant Round 8 & EETT ARRA

What the Tech!9:30-9:38 Break

• 9:38 - 10:45 Cyberbullying Presentation - NAPA Unified (Andelson, Atticksn…

Cyberbullying - Board Policy Draft

IT Dept Announcements

• Power Management• Google DOCS / Stu AUP (Nov

16)• STC / IT Responsibilities• Report Card Maker• New Internet Filtering (Jan 1) • CALPADS (what?)

Techgradrequirement Status

• Updates!

EETT - Grant Updates• Enhancing Education

through Technology (EETT) -Round 8 – Submitted July 30,

2009 -ARRA – Due October 15• What is ARRA?• How is ARRA Pronounced?

http://www.youtube.com/watch?v=F31P0_kgEic

What the Tech!• By School Updates• Share top tech initiatives for

the benefit of other schools• 1 min / School MAX

Break• 8 Minutes

Cyber-bullying• Presentation -Credits: NAPA Unified (Law firm Atkinson, Andelson, etc)

• ABC Board Policy -Draft and Feedback

CyberbullyingWarning – Emotional Video

(sad)

http://www.youtube.com/watch?v=HFsfDLCkfQU

Cyber-Bullying

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Agenda• Cyber-Bullying

• Discipline for Cyber-Bullying

• Legislative Response (AB 86 and 919)

• School Board Response-Policies

• Investigation and Searches Five Areas for Discussion

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Cyber-Bullying

•Internet?•Intranet?•UTube?•MySpace?•Facebook?•Second Life?

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Cyber-Bullying

•Emails?•Chat rooms?•Cell phones?•Texting?•“Sexting”?

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Cyber-Bullying

•Mean, vulgar or threatening messages

•Posting sensitive, private info about someone

•Pretending to be someone else to make another look bad

•“Sexting”

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Cyber-Bullying• 18% of students in grades 6-8 said they had been

cyberbullied at least once w/in 2 months• 11% of students in grades 6-8 said they

cyberbullied someone else w/in that period• 1 in 3 teens age 12-17 and 1 in 6 -6-11 year olds

reported someone said threatening or embarrassing things about them thru email, IM, web sites or text messages

• Girls are twice as likely as boys to be victims and perpetrators of cyberbullying

• 38.3% of girls ages 8-17 said they had been bullied on line, of those girls, 20.5% said they never knew who was bullying them

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Cyber-Bullying• Bullying in general creates fear about going to

school, loneliness, humiliation and insecurity

• Causes children to struggle with relationships; have difficulty making emotional and social adjustments

• Cyberbullying can cause greater harm; online communications can be distributed worldwide and are often irretrievable

• Teens may be reluctant to tell adults what is happening for fear of losing online and cell phone privileges

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Cyber-Bullying-Worst Case Scenarios

Sexting Leads to SuicideRecent Missouri Case (Morgan Meier):

• Student developed relationship on MySpace with person she thought was new boy in area

• Relationship was the result of a ruse created by several persons, including mother of another student that first student fought with

• When plot was revealed, student killed herself

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Cyber-Bullying-Worst Case Scenarios

Threats of Violence • Columbine shooters predicted actions online

• Wisniewki v. Bd. of Ed. of Weedsport Cent. Sch. Dist. (D. N.Y. 2006): – Instant message: gun, bullet, head splattering blood

– “Kill Mr. VanderMollen”

– Court held: True threat, should have known

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Cyber-Bullying

• Can a school district discipline students for bullying or threats by means of electronic communications?

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Discipline for Cyberbullying• Raises First Amendment/Free Speech issues

• Nexus to school attendance/activities

• Tinker v. Des Moines=substantial disruption

• Lovell by Lovell v. Poway USD= Threats not protected free speech where it is reasonably foreseeable that message would be perceived as a threat

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Cyber-Bullying Hypothetical

While at home, Student A sends an e-mail to Student B, who is her neighbor, stating that the next time she sees him she is going to put him in a body cast.

Can Student A be disciplined for this

conduct?

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Discipline for Off-Campus CyberbullyingLayshock v. Hermitage Sch. Dist. (W.D. PA 2006)

• Parody of principal attracted such attention from students at school that district had to shut computer system down for 5 days, and staff had to devote much time to issue

• Court Held: Material and substantial disruption

J.S. v. Bethlehem Area School District (PA 2000)– Website about teacher: “Why She Should Die,” solicited contributions

for hit man, graphic imagery

– Court found: Substantial disruption where teacher so upset she had to take leave

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Discipline for Off-Campus Cyberbullying

Emmett v. Kent (W.D. Wash. 2000)– Mock obituaries of students, solicited votes on “Who should be

the next to die”

– Note: Disclaimer said for entertainment purposes only

– Court found: Off-campus, no disruption, and no evidence of intent to threaten or violent tendencies

California Cases?

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Discipline for Cyberbullying in CA

California Education Codes

48907-Student Exercise of Free Expression

Pupils of the public schools shall have the right to exercise freedom of speech and of the press . . . . except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.

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Discipline for Cyberbullying

48950-Freedom of Speech

(a) School districts operating one or more high schools and private secondary schools shall not make or enforce a rule subjecting a high school pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution . . . .

(d) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected.

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Discipline for Cyberbullying

48900(s)-Grounds for suspension/expulsion (nexus)

A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:

(1) While on school grounds.

(2) While going to or coming from school.

(3) During the lunch period whether on or off the campus.

(4) During, or while going to or coming from, a school sponsored activity.

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Legislative Response to Cyberbullying

Education Code § 48900 (r)(added by A.B. 86)

A student may be suspended or expelled if the student:

Engaged in an act of bullying, including, but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.

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Legislative Response

Education Code § 32261 (f)

“Bullying” means:

• One or more acts

• By a pupil or group of pupils

• Acts as defined in Sections 48900.2 (sexual harassment), 48900.3 (hate violence), or 48900.4 (harassment/ threats/intimidation)

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Education Code § 32261 (g)

“Electronic act” means the transmission of a communication, including, but not limited to, a message, text, sound or image by means of an electronic device, including, but not limited to, a computer, or pager telephone, wireless telephone or other wireless communication device.

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Penal Code § 653.2 (added by AB 929)

• Misdemeanor to intentionally place another person in reasonable fear for his or her safety or the safety of the other person's immediate family

• By means of an electronic communication device, without consent of the other person for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment by electronically distributing personal identifying information of a harassing nature about another person

• “[Electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code.

• Defines “harassment” and “of a harassing nature”

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School District Response-Policies

Board Policy – Prohibited Student Conduct

Prohibited student conduct includes, but is not limited to:

Harassment of students or staff, such as bullying, including cyberbullying, intimidation, hazing or initiation activity, ridicule, extortion, or any other verbal, written, or physical conduct that causes or threatens to cause bodily harm or emotional suffering, in accordance with the section entitled “Bullying/Cyberbullying” below.

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Board Policy – Definition of Cyberbullying“Cyberbullying” includes the transmission of communications, posting of harassing messages, direct threats, social cruelty, or other harmful texts, sounds, or images on the Internet, social networking sites, or other digital technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation or friendships.

Cyber-Bullying Policies

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Board Policy - Definition

“Cyberbullying” includes the transmission of communications, posting of harassing messages, direct threats, social cruelty, or other harmful texts, sounds, or images on the Internet, social networking sites, or other digital technologies using a telephone, computer, or any wireless communication device. Cyberbullying also includes breaking into another person’s electronic account and assuming that person’s identity in order to damage that person’s reputation or friendships.


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Cyber-Bullying

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Board Policy – Use of Electronic Signaling Devices Board policies may prohibit possession of electronic signaling devices on school campuses; or

Allow students to possess or use on school campus personal electronic signaling devices including, but not limited to, pagers and cellular/digital telephones …provided that such devices do not disrupt the educational program or school activity and are not used for illegal or unethical activities such as cheating on assignments or tests.

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A school district “may regulate the possession or use” of cell phones.

(Education Code § 48901.5)

Students and Cell Phones

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Except that:

No student shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician or surgeon to be essential for the student’s health and the use of which is limited to health-related purposes.

(Education Code § 48901.5 (b))

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Board policies should define what devices are included as electronic signaling devices subject to the prohibitions,

For example, electronic signaling devices include but are not limited to pagers; cellular/digital telephones for voice usage, digital imaging, or text messaging or other mobile communications devices such as digital media players, personal digital assistants (PDAs), compact disc players, portable game consoles, cameras, digital scanners, and laptop computers.

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Cyber-bullying

Board Policy –Discipline for On Campus Cyberbullying

Any student who engages in cyberbullying using district-owned equipment, on school premises, or off-campus in a manner that impacts a school activity or school attendance shall be subject to discipline in accordance with district policies and regulations. If the student is using a social networking site or service that has terms of use that prohibit posting of harmful material, the Superintendent or designee also may file a complaint with the Internet site or service to have the material removed.

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Cyber-bullying

Board Policy-Discipline for Off Campus Cyberbullying

Students also may be subject to discipline for any off-campus conduct during nonschool hours which poses a threat or danger to the safety of students, staff, or district property, or substantially disrupts the educational program of the district or any other district in accordance with law, Board policy, or administrative regulations.

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Key Points• Recent legislation enables School Districts to

discipline students for cyber-bullying

• Scope of new statutes is broad

• District policies must be thorough and carefully drafted

• School staff needs to be aware of new technologies

Cyber-Bullying

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PART II

Cyber-Bullying

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Board Policy – Investigation of Cyberbullying

When a student is suspected of or reported to be using electronic or digital communications to engage in cyberbullying against other students or staff or to threaten district property, the investigation shall include documentation of the activity, identification of the source, and a determination of the impact or potential impact on school activity or school attendance.

Cyber-Bullying

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Cyber-Bullying

Investigations and Evidence

Evidence can be quickly deleted

There is always a “data trail”

Check everywhere (computer(s), laptop, server, cell

phone(s), Blackberries, web site, ISP, removable

media, printer)

Students are very “tech-savvy”

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Board Policy – Investigation of Cyberbullying

Students may submit a verbal or written complaint of conduct they consider to be bullying to a teacher or administrator and may also request that their name be kept in confidence. The Superintendent or designee may establish other processes for students to submit anonymous reports of bullying. Complaints of bullying or harassment shall be investigated and resolved in accordance with site-level grievance procedures specified in [AR 9999 – Sexual Harassment].

Cyber-Bullying

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Administrator Prosecuted for SextingRecent Washington D. C. Area Case:

• School administrator investigating sexting misconduct

• During investigation, transferred offending photo to his own cell phone

• Parent very angry when told own child was sexting

• Demanded suspension be withdrawn

• Administrator was charged with failure to report child abuse, then trafficking in child pornography

Case Study

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Board Policy – Confiscation and Searches

If a disruption occurs or a student uses any mobile communications device for improper activities, a school employee shall direct the student to turn off the device and/or shall confiscate it. If the school employee finds it necessary to confiscate the device, he/she shall return it according to the school’s procedures as written and shared publicly such as in the student handbook or by similar method of making the information public to students and parents.

Cyber-bullying

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Board Policy - Confiscation

If a disruption occurs or a student uses any mobile communications device for improper activities, a school employee shall direct the student to turn off the device and/or shall confiscate it. If the school employee finds it necessary to confiscate the device, he/she shall return it according to the school’s procedures as written and shared publicly such as in the student handbook or by similar method of making the information public to students and parents.

Disruption … Student Uses …

Device…Improper Purpose… School Employee Shall …

Confiscate it …

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Board Policy – Searches Of Devices

In accordance with the Board’s policy and administrative regulation on search and seizure, a school official may search a student’s mobile communications device, including, but not limited to, reviewing messages or viewing pictures.


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Modern cellular phones have the capacity for storing immense amounts of private information. Unlike pagers or address books, modern cell phones can:

• Record incoming and outgoing calls

• Contain address books, calendars, voice and text messages, email, video and pictures

• Are capable of storing highly personal information such as a student’s most private thoughts and conversations such as through email, text, voice and instant messages

United States v. Park (2007) 2007 WL 1521573


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In Re William G. (1985) 40 Cal.3d 550, 563

“The right to privacy is vitally important. It derives, in this state, not only from the protections against unreasonable searches and seizures guaranteed by the Fourth Amendment and Article I, Section 13, but also from Article I, Section I of our state Constitution … The privacy of a student, the very young or the teenager, must be respected. By showing that respect the institutions of learning teach constitutional rights and responsibilities by example.”


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Before searching a student’s cell phone:

• School officials must have reasonable grounds for suspecting the search will turn up evidence the student has violated or is violating either the law or school rules

• The scope of the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction

New Jersey v. T.L.O. (1985) 469 U.S. 325

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What is “reasonable suspicion?”

• Reasonable suspicion is not simply an “inchoate and unparticularized suspicion or hunch”

• Before a student’s cell phone may be searched, school officials must be able to point to “objective and articulable facts” that support the assertion that the search will provide evidence that the student is violating the particular rule he or she is suspected of violating.


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• The fact that a student is violating one school rule does not provide reasonable suspicion to support a search to determine whether the student may also be violating some other rule.

• Nor is it permissible to search one student’s cell phone to determine whether other students may be violating the law or school rules.

(Klump v. Nazareth Area School Dist. (E. D. Pa. 2006) 425 F.Supp.2d 622.)


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• Can students use their cell phones to record audio/ video in the classroom?

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Education Code § 51512

The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section shall be guilty of a misdemeanor.

Any pupil violating this section shall be subject to appropriate disciplinary action.


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Students & Cell Phones – § 51512

Education Code § 51512

The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section shall be guilty of a misdemeanor.

Any pupil violating this section shall be subject to appropriate disciplinary action.

This section shall not be construed as affecting the powers, rights, and liabilities arising from the use of electronic listening or recording devices as provided by any other provision of law.

Use of recording or listening device in

a classroom without prior

consent =unlawful

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• Can students use their cell phones to record audio/ video in non-classroom areas on campus?

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Electronic Eavesdropping Statutes• Penal Code § 632

Confidential Communications

Reasonable expectation of privacy

Fines, criminal penalties

Evens v. Superior Court (1999)

Student’s concealed taping of teacher in class ruled admissible (77 Cal.App.4th 320)

School District Rules


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Key Points

• School Districts can regulate student cell phone possession/use at school

• Students have a right to privacy

• District must have “reasonable suspicion” before conducting a search of a student’s cell phone

• Scope of the search must be reasonably related to the objectives of the search


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Key Points (cont.)

• Students cannot record audio/video in a classroom without permission

• Penal Code prohibits recording “confidential” communications

• Ability of students to make recordings in non-classroom locations on campus is subject to school district rules


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Students and Cell PhonesTeacher catches Student A sending a text message in class, in a clear violation of school rules. Before administration can conduct an investigation, Student B reports that he received Student A’s message, and it read “Hey everybody, come watch me kick (Student C’s) butt after school.”

Unfortunately, Student B already deleted his message.

Student A can be disciplined, but how should administration handle the investigation, including the search of cell phone(s)?

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• “Sexting” consists of electronically sending sexually explicit communications

• Frequently takes the form of photographs

• Students take pictures of themselves or others and broadcast them

• A form of sexual harassment

• Invasion of privacy

• Cyberbullying

Sexting

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Sexting = Child Porn??Tunkhannock, PA

• Local District Attorney threatens to bring felony child pornography charges against students

• Parents: gross overreaction

• Long term effect: children have to register as sex offenders?

• Some photos were innocent (photo taken at slumber party)

Case Study

QuestionAnswer

Session

For questions or comments, please contact:

Thank You

James Scot YarnellAtkinson, Andelson, Loya, Ruud & Romo

(916) [email protected]

Sally Jensen DutcherNapa Valley Unified School District

(707) [email protected]

Documents

Site Tech Coordinators September 2009 8:00 -10:45 AM