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.