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“Bullying is an underestimated and pervasive problem.” - Gerard Kennedy. P rotecting S tudents & T eachers from C yberBullying. Sexting - the practice of electronically sending or receiving sexually explicit images or messages. What are the Facts?
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“Bullying is an underestimated and pervasive problem.”- Gerard Kennedy Protecting Students& TeachersfromCyberBullying
Sexting - the practice of electronically sending or receiving sexually explicit images or messages. • What are the Facts? • In a recent research study of of 948 public high school students (ranging in age from 14 to 19)*: • 28% reported having sent a naked picture of themselves through text or e-mail (sext) • 31% reported having asked someone for a sext. • 57% had been asked to send a sext. Social Networking: CyberBullying * Temple, J.R., Paul, J.A., van den Berg, P., Le, V.D. BS; McElhany, A., B.W. (2012). Teen sexting and its association with sexual behaviors. Available: http://archpedi.jamanetwork.com/article.aspx?articleid=1212181#
Class Discussion: Are schools preparing their students? Social Networking: CyberBullying
Federal Law: • The Children’s Internet Protection Act (CIPA) and the Neighborhood Children's Internet Protection Act (NCIPA)(2001) Requires libraries and schools to have Internet safety policies and technology which blocks or filters certain material from being accessed through the Internet What are the laws
California State Law: • SB 719 (Bullying Prevention for School Safety and Crime Reduction Act of 2003); Chapter 828. 2001 Cal. Stats., A.B. 79, Chap. 646 Requires the Department of Education to develop model policies on the prevention of bullying and on conflict resolution. • AB 86 (2008) Code §32261 (g) Gives school officials grounds to suspend a pupil or recommend a pupil for expulsion for bullying, including, but not limited to, bullying by electronic act. What are the laws
Recent California State Law: • AB 746 (July 2011). Updates California's anti-bullying laws by now allowing schools to suspend students for bullying classmates on social networking sites. • AB 1156 (July 2012) expanded the definition of bullying and connected it to academic performance. Requires school site personnel to receive training in bullying prevention plus grants bullying victims priority for transferring out of a school, if requested. • AB 9 “Seth’s Law” (July 2012) mandates that schools post anti-bullying policies throughout campuses, provide complaint forms on their websites, and give schools a timeline to investigate and resolve complaints. What are the laws
Propose California State Law (passed by the State Senate, awaiting approval from the Assembly and signing by the Governor Brown) : • SB 919 – Would make engaging in an act of “sexting” an expellable offense. Current California law limits school districts to disciplining of students for their actions while on school property, coming and going from school, during lunch breaks, and when traveling to school-sponsored events. What are the laws
Up to this point have the courts supported schools in dealing with CyberBulling and inappropriate use of social media? Are the courts supporting schools?
A middle school student was suspended for creating a fake MySpace profile with “sexually explicit content” for her principal. No one saw the profile while in school (because the school’s computers blocked access to the site). Although the content was found to be “disturbing,” the only “disruption” it caused in class was a teacher yelling at students to stop their chattering about it. The student’s parents appealed the suspension and took the school district to court. • Did the School District have the right to suspend the student? • Where the student’s constitutional rights violated? Case Study:
A high school junior was suspended for taking surreptitious video footage of a female teacher during class, including several shots of her from behind or while bending over. Then he edited the footage, set it to “booty” music, and posted it to YouTube and MySpace. As if that wasn’t bad enough, a local news station discovered the video and reported on it. The student claimed that he intended the video to be a critique of the teacher’s hygiene. • Did the School District have the right to suspend the student? • Where the student’s constitutional rights violated? Case Study:
A high school principal created a Facebook profile using a fictitious name and friended more than 300 people, many of which were students and district parents. The principal justified her actions by claiming, “I’m just checking to see what my students are doing and because they friended me, they chose to give up their privacy.” • When we post things online do we give up ownership of our work product? • Did the students and parents give the principal permission to see the posts of their other friends—those individuals who didn’t choose to be connected with the principal? Case Study: