Education Law and Technology

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

Agenda g < < < < <

Social Networkingg Cell Phones Sexting E-mail Hazing and Supervision

Social Networkingg < Examples p - MySpace - Facebook - YouTube

Teacher Use < Causes for Concern - Drug/Alcohol Use - Sexual S l Inappropriateness I i t - Inappropriate pp p Communication with Students - Inappropriate Communication Comm nication 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): ) Withoutt a connection With ti between b t th the teacherâ&#x20AC;&#x2122;s misconduct and the school districtâ&#x20AC;&#x2122;s interest, a teacher may be able to argue g that the reasons underlying y g dismissal were arbitrary and capricious.

Free Speech p < Pickering, g, 391 U.S. 563 ((1968)) If a employee l speaks k as a citizen ii on a matter of public concern the district must show it had an adequate justification for treatingg the employee p y differently y from any other member of the public.

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

Dealing with S ff C Staff Cell Phones

Dealing with S ff C Staff Cell Phones  Matter of administrative policy  No “right” right to cell phone communication  Enforcement of student policy can be hi d d b hindered by staff t ff usage  Textingg – byy p phone or computer? p

Student Cell Phones

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

Sexting?

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

Sexting? ď&#x20AC;żMaterial can be distributed via:

-Text messages -Downloads onto laptops/computers -E-mail -Downloads D l d onto t ii-pods/mp-3 d/ 3 players l -Social Networking Sites

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

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

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 y younger g ─ by means of an electronic communication device ─ to t postt images i that th t would ld qualify lif 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 i is i off someone at least l 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture; AND d f d defendant did didn’t ’ coerce taking ki or sending di

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

Iowa v. Canal  Boy and girl friends; not romantic • She asked him to send pic of penis • He complied • Both agreed not erotic  Parents called the cops; boy charged  Jury trial; boy convicted  Appeal rejected by Iowa Supreme Court

In re Katrina R.  15 year old texted nude pics to her BF  Was adjudicated “a child who deports herself so as to injure j or endanger g seriously the morals or health of herself e se or o others” ot e s • Placed in legal custody of HHS • 6 months’’ probation i • Required counseling and community service.

Hazing

Hazing g â&#x20AC;&#x153;any any activity by which a person intentionally or recklessly endangers th physical the h i l or mental t l health h lth or safetyy of an individual for the purpose of initiation into, admission into affiliation with, into, with or continued membership with any organizationâ&#x20AC;?

How Common is Hazing?  National study commissioned by North American Interfraternal ( ) Foundation (NIF) • 48% of college athletes reported that they had been hazed before coming to college - Male and Female athletes roughly equivalent in reporting experience - Types of hazing differed • 66% reported t d th they’d ’d observed b dh hazing i off others in high school sports

Hazing We’ve Seen in Nebraska  “Paddling” by upper classmen  “Freshmen eat a pepper” day  “Russian dick dick-lett” lett”

Dealing with Hazing  DON’T. YOU. DO. IT.  Communicate with student athletes about difference between leadership and bullying/hazing  Supervise S i • locker rooms • Bus trips

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

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