Elementary Prinicipals 2010

Elementary School Law Update Kelley Baker & Karen Haase Harding & Shultz (402) 434-3000 kbaker@hslegalfirm com kbaker@hslegalfirm.com khaase@hslegalfirm.com H & S School Law

Cyberbullying

J.C. v. Beverly Hills Unif. Sch. Dist. (Cal.)  8th grade girls talking smack about a peer; uploaded l d d tto Y YouTube T b  Principal p suspended p student who uploaded  Court: no disruption to school school, no nexus to education, no basis for punishment

Other Examples p  Seattle, WA.: Students who “liked” Facebook page bullying a classmate p all suspended  Memphis TN: Honors student suspended for 180 days for commenting on a friend’s status

School-Related Consequences  Neb. Rev. Stat. 79-2,137  Definition: “ongoing ongoing pattern of physical, verbal or electronic abuse”  Consequences: ─ Loss of extracurricular privileges ─ Detentions D t ti ─Short and Long Term Suspension ─Expulsion E li ─Alternative School Assignment

Finkel v. Facebook (N.Y.)  High school students created private Facebook page about classmate • Called her a “slut” slut • Said she had AIDs • Said S id she h used dd drugs

 She sued Facebook and kids who created page  Facebook F b k di dismissed i d ffrom llawsuit; it students initially left in the case

D.C. v. R.S. (Cal. 2010)  High school student posted on victim’s website • • •

I want to rip out your f-ing f ing heart and feed it to you.

I' wanted I've t d to t kill you.

If I ever see yyou I'm ggoing g to pound p your head in with an ice pick.

 Family sued; defendant said just a joke  Litigation allowed to continue

Fulmer v. Swidler (Pa. 2003)  Middle school student created Teacher Sux” website Sux • • •

Compared math teacher to Hitler Had picture of her decapitated Asked for contributions toward hit man

 Teacher sued  Jury awarded $500,000  Similar suit by principal settled

Criminal Consequences (State Law)  Neb. Rev. Stat. 28-311.01  Terroristic Threats: “threatens to commit any crime of violence …

• With the intent to terrorize another • In reckless disregard of the risk of causing such terror  Class IV Felony punishable by: • Up to 5 years in prison and/or • $10,000 fine

In re Minor Child (Ala.)  High school students arrested at school for threatening classmate on y p MySpace • Threatened to beat him up • Said they would plant a bomb in his locker • Said he deserved to die

 Charged with making terroristic threats

State v. Murphy (NE)  Girl’s family disliked defendant  On O MySpace M S he h wrote: t • He was ggoingg to "beat the hell out of a lot of people" • He would be "killing killing a lot of people people.“ • Told girlfriend’s sister he didn’t “want to end d up killi killing her h or her h kid.” kid ”

 Charged with making terroristic threats

What can staff do?  Keep “Responding and Reporting” separate in your mind  Focus on Small Stuff  Talk to kids about tech  Talk T lk tto kids kid about b t managing i anger  Start with elementaryy kids  Communicate to kids that you care about this issue  Enlist kids

Helping Kids Deal; Tell them to: ►Stop.

Don’t respond to the bully.

►Block.

Block the cyberbully or limit all communications to those you can trust trust.

►Tell.

Tell a trusted adult.

If you discover cyberbullying  Do not close your eyes  Report R t tto administration d i i t ti asap  Document ocu e t everything eve yt g

Does the Victim Need Interventions?  Interventions • Social S i skill i training i i • Hygiene yg training g with,, sped p teacher, counselor or other staff • Peer mentor  Be ready for a 504 or SpEd request

Search and Seizure

What is a “search?�

Any governmental conduct that intrudes into protected privacy interests, including looking into places not out in the open or otherwise exposed to public view — it i l d peeking, includes ki poling li or prying i into i non-transparent containers such as lockers, desks, purses, backpacks, folders, g books and articles of clothing

Examples of a “Search”  Touching or patting down a student’s student s body or clothing  Opening and inspecting personal possessions  Handling H dli or feeling f li any closed l d item i to determine its contents  Reading journals or student notes g , e-mails,, etc  Readingg text messages, from a cell phone, iPod, iPad or laptop

Examples of “No Search”  Observing an object in plain view where it is exposed to the public  Examining an object after a student denies ownership of the object  Examining E i i an object bj abandoned b d db by the h student  Examining an object after the student ggives you y p permission

Lessons from N JJersey v. T New T.L.O. LO  Standard St d d iis reasonable bl suspicion i i  Does not require absolute certainty  Choplick’s suspicion was the sort of “common sense conclusion about human behavior” which “practical people,” including government officials, people, are entitled to rely upon.

Determining ee g Reasonableness e so b e ess  In I order d ffor a search h tto b be reasonable, bl a school official must satisfy two separate inquiries: • Was the search jjustified at its inception?

• Was the scope of the search appropriate?

Search and Seizure of T h l Technology  Klump v. Nazareth Area School District  Robbins vv. Lower Merion Sch. Sch Dist.

Dist  In Re Michael R.

Working with PTOs • Define your relationship –Encourage Encourage separation –Incorporation –Principal is not an officer • Name district as additional insured • Require PTO have own bank accountt – without ith t you on th the account

Working with PTOs • When there is trouble: – Call the cops – Direct inquiries to PTO officers – Assist A i t PTO as appropriate, i t but b t do d nott take charge – Offer other professionals only as resources – Keep the board informed

Dealingg with Complaints p  Read R d th the b board’s d’ compliant policy.  If you don’t like it, talk to superintendent and board about changing it.  Follow it i exactly.  Give a copy py to angry g y parent.