HTRS Staff

Education Law and Technology: What Every Education Professional Should Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase

Agenda  Social Networking  Cell Phones  Sexting  E-mail  CyberBullying/Bullying

Social Networking  Examples - Twitter - Facebook - YouTube

Teacher Use Causes for Concern - Drug/Alcohol Use - Sexual Inappropriateness - Inappropriate Communication with Students - Inappropriate Communication about Students - Selling School Property

Nebraska Law Neb. Rev. Stat. §§ 79-824, 79-827, 79-829  Reasons for Termination and/or Cancellation: - Unprofessional Conduct - Immorality - Other conduct which interferes substantially with the continued performance of duties

Caselaw Fisher, 476 F.2d 375 (8th Cir. 1973): Without a connection between the teacher’s misconduct and the school district’s interest, a teacher may be able to argue that the reasons underlying dismissal were arbitrary and capricious.

Free Speech Pickering, 391 U.S. 563 (1968) If a employee speaks as a citizen on a matter of public concern the district must show it had an adequate justification for treating the employee differently from any other member of the public.

Free Speech Garcetti, 547 U.S. 410 (2006) When public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communication from employer discipline.

Dealing with Staff Cell Phones

Dealing with Staff Cell Phones Matter of administrative policy No “right” to cell phone communication Enforcement of student policy can be hindered by staff usage Texting – by phone or computer?

Student Cell Phones

Dealing with Cell Phones Is it a search? Is it unlawful taking of property? Privacy concerns (camera phones) Safety benefits Policy/notice considerations

Sexting?

Sexting, v: (a combination of sex and texting) is the act of sending sexually explicit messages or photos electronically, primarily between cell phones.

Sexting? Material can be distributed via: -Text messages -Downloads onto laptops/computers -E-mail -Downloads onto i-pods/mp-3 players -Social Networking Sites

How Common is Sexting?  Sexually suggestive photos sent: – 20% overall –22% girls –11% young teen girls (ages 13-16) –18 % boys

How Common is Sexting? Sexually suggestive messages sent: –39% of all teens –37% girls –40% boys 48% of teens say they have received sexting photos or messages.

Sexting?

Serious Consequences: Jessica Logan

Criminal Implications Under Nebraska Law NEB. REV. STAT. 28-813 et. seq.: Class IV felony to

─ knowingly solicit, coax, entice, or lure ─ a child sixteen years of age or younger ─ by means of an electronic communication device ─ to post images that would qualify as child pornography under state law

Criminal Implications Under Nebraska Law Affirmative Defense:

─ the picture is only of the defendant; ─ ─ ─ ─ ─ ─ ─

or defendant was younger than 19 picture is of someone at least 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture; AND defendant didn’t coerce taking or sending

Practical Steps in Dealing with Sexting in Schools When You Catch Kids Sexting

E-mail

School E-mail Computer, Server, Internet Connection all belong to the district. Use is permissive Assume someone will read it eventually.

School E-mail and Politics  Political Accountability and Disclosure Act  In the Matter of Michael Nolan, Case No. 07-03

Education Law and Technology: What Every Education Professional Should Know Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com H & S School Law @KarenHaase