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