Social Networking, Sexting , and YouTube: Protect Your Students, Protect Your School

1. 4th Annual SW/WC Service Cooperative Technology Conference Social Networking, Sexting, and YouTube: Protect Your Students, Protect Your School Little Buffalo Law & Consulting

2. Disclaimer The information in this presentation is not legal advice and is not intended as legal advice.  It is intended to provide general legal information.  It does not cover all issues related to the topics discussed.  The specific facts that apply to your matter may make the outcome different than you might anticipate based on the material presented.  Please consult with your own attorney with regard to specific issues. Little Buffalo Law & Consulting

3. Sources of Law • Constitutional law • Codified law • Case law • Contract law (“private law”) Little Buffalo Law & Consulting

4. What others might claim Legal Claims What the Content creator claims Free Speech Libel Slander Harassment Invasion of privacy Unfair competition Right to publicity Free speech Negligence Little Buffalo Law & Consulting

5. Use of school resources: what may schools restrict? Little Buffalo Law & Consulting Obscene, rude, and discriminatory speech Criminal or dangerous speech Speech that could cause damage or that presents a danger for the school or a school member Speech that abuses or clogs the school internet system If policy clearly declares the school system a “limited forum”: anything of a non-educational nature.

6. Student non-school use of the Internet: what may schools restrict? Little Buffalo Law & Consulting Student speech is likely to be protected unless the content: • Constitutes a material disruption to class work; or • Involves a substantial disorder or invasion of the rights of others. In practice, courts generally protect student speech unless it contains threats and references to violence.

7. Creating “private law” for the school Policies . . . • Prescribe rules of conduct • Instruct re: privacy and personal safety issues • Identify school Internet system as a “limited forum” • Limit use of school Internet systems • Address the unique circumstances of “laptop schools” • Establish “free speech” parameters for private and parochial schools Little Buffalo Law & Consulting

8. What falls into the “private law” category? • Acceptable use policies (for students and staff) • Classroom and project specific guidelines • Parent permission slips • Student use “contracts” • Age-specific access policies Little Buffalo Law & Consulting

9. Multi-step approach • Identify the technology issue • Conduct a stakeholder analysis • Conduct a policy audit • Draft/amend policy, if necessary • Develop strategies and solutions to maximize safety and minimize risk Little Buffalo Law & Consulting

10. Who in your school community is affected by technology issues? Conducting a stakeholder analysis Little Buffalo Law & Consulting

11. Who are the stakeholders? • Identify all stakeholders – who is affected by the technology issue and who will be affected by a policy? • Prioritize stakeholders – who must be won over? Who needs notice? Who can assist with the process? Little Buffalo Law & Consulting

12. High KEEP SATISFIED MANAGE CLOSELY Power MONITOR (MINIMUM EFFORT) KEEP INFORMED Low Interest Low High

13. What are the current issues facing your school involving technology? Conducting a policy audit Little Buffalo Law & Consulting

14. Conduct a policy audit Has your school done the following: • Made an assessment of legal risks arising from the use of classroom technology? • Communicated clear expectations and boundaries re: all uses of the technology? • Enlisted student, staff, and parent input in drafting school technology “contracts”? • Established training requirements and policy acceptance procedures prior to allowing use of technology resources? Little Buffalo Law & Consulting

15. Conduct a policy audit, cont. • Incorporated parent education into your school’s technology strategy? • Established a “chain of command” for reporting incidents? • Reviewed the policies on a regular basis since instituting them? (Ask: Are the current policies flexible enough to deal with new/emerging technologies? What new issues need to be addressed now that didn’t exist previously?) Little Buffalo Law & Consulting

16. Developing strategies for K-12 schools Social networking scenarios Little Buffalo Law & Consulting

17. Imposter sites Most commonly appear on social networking sites. Teachers and school administrators are common targets, as are students. Related legal claims: defamation, invasion of privacy, violations of free speech. J.S. through her parents Terry Snyder and Steven Snyder v. Blue Mountain School Dist. (Decision pending by 3rd Circuit) Middle school student suspended for 10 days for creating derogatory imposter MySpace site portraying school principal as a pedophile and sex addict. Parents brought suit alleging a violation of their child’s free speech rights and their rights as parents to determine how best to “raise, nurture, discipline, and educate” their child. Little Buffalo Law & Consulting

18. Teacher/staff websites, and blogs Off campus speech of public school teachers is scrutinized to a much greater extent than the speech of average persons. Off campus activity is a gray area for teacher free speech. Teachers also need to be aware that their on campus speech is subject to state Data Practices Acts. Payne v. Barrow County School Dist. Teacher alleges she was forced to resign her position without adequate notice or due process when confronted about Facebook photo in which she is holding an alcoholic beverage and a “status update” in which she used the word “bitch.” Little Buffalo Law & Consulting

19. Student and teacher communication Should teachers and students text and call each other on their personal cell phones? Should students and teachers be social networking “friends”? Are there risks associated with allowing these types of casual contacts? How and to what extent teachers should use these technologies to communicate with students is a matter of much debate. Louisiana state law effective November 2009: • Schools required to document all electronic communication between teachers and students. • Extends to personal devices, not owned by the schools. • Failure to comply may constitute a “willful neglect of duty.” Little Buffalo Law & Consulting

20. Sexting A newly coined term used to describe the practice among teens and young adults of sending sexually explicit photos to each other on their cell phones. Legislators are scrambling to get new laws in place to decriminalize the activity. Logan v. Sycamore High School Allegations: • School did not stop the bullying, taunting, harassment • No formal letter sent by school to teachers or members of school community • No counseling to help the student and no action to protect her privacy. Little Buffalo Law & Consulting

21. Disciplining students A number of cases have surfaced across the country in which parents are suing schools for inappropriately harsh discipline. Court rulings are mixed. Are students exercising free speech rights? Are there limits on the discipline schools may impose? What risks do schools run when they choose not to discipline? T.V. and M.K. v. Smith-Green Community School Class action seeking declaratory and injunctive relief and damages for students suspended from extra-curricular activities and forced into “unwarranted, mental health counseling” for summertime Facebook postings that were deemed to “reflect discredit” upon the school and which “created a disruptive influence on the good order, moral, or educational environment” of the school. Little Buffalo Law & Consulting

22. Additional discipline cases • Miranda Jackson v. Pearl Public School Dist. (cheerleader sues school and coach for violation of her rights of privacy and free speech when coach demands access to private Facebook page and shares content with others at school). • J.W. v. Desoto County School Dist. (parent sues school alleging illegal search and seizure and challenging expulsion from school of her middle grade son who read a text message in class in violation of school cell phone policy). Little Buffalo Law & Consulting

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24. Providing community guidelines Drafting/amending policy Little Buffalo Law & Consulting

25. Drafting/amending policy • Collect data. • Solicit input. • Draft the new/revised policy. • Circulate the draft of the new/revised policy. • Approve and disseminate the new/revised policy. Little Buffalo Law & Consulting

26. Policy development: general guidelines • Amend school policies to include prohibitions against cyber-bullying • Draft school policies re: cell phones, cameras, recording devices, and other emerging technology. • Make policies age/grade appropriate. • Revisit and revise policy frequently. Little Buffalo Law & Consulting

27. School policy re: staff/teacher social media use MINNETONKA SCHOOL DISTRICT Policy #470 Employee Use of Social Media Networks http://www.bb.minnetonka.k12.mn.us/bbcswebdav/xid-775415_1 Little Buffalo Law & Consulting

28. Maximizing safety and minimizing risk Strategies and solutions Little Buffalo Law & Consulting

29. Make compliance easy • Purchase licensed products and services for students and staff that reduce or eliminate the need to access non-licensed works. • Purchase products and services with adequate (age-appropriate) privacy protections. • Provide detailed guidance and parameters for staff members developing online course materials. Little Buffalo Law & Consulting

30. Keep your fingers on the pulse • Educate, disclose, seek feedback: the more input and documentation you have from students, parents, and administration, the better. • Develop an awareness of how students and staff are using technology. • Role play with students about what to do if inappropriate or suggestive comments are posted by others; role play with staff about what to do if they detect inappropriate use of technology; educate older students, in particular, about the risks of too much self disclosure. Little Buffalo Law & Consulting

31. Address ethical behavior with students and staff • Communicate and educate about ethical Internet conduct. • Help students understand the long term effects of Internet speech. • Offer students an opportunity to provide constructive, confidential feedback. Little Buffalo Law & Consulting

32. Available from Corwin Press at www.corwinpress.com Little Buffalo Law & Consulting Aimée M. Bissonette, JD Little Buffalo Law & Consulting www.littlebuffalolaw.com amb@littlebuffalolaw.com 612-243-5013