T-Cadre Presentation

Legal Update ESU 4’s T-Cadre Karen Haase Harding & Shultz (402) 434 434-3000 3000 khaase@hslegalfirm.com H & S School Law @ @KarenHaase

Agenda g  FCC’s August g Order  Cyberbullying  Legal Issues with 1:1  Search and seizure issues  Google Apps for Education  ???

FCC August 2011 Order “Beginning July 1, 2012, schools’ I t Internet t safety f t policies li i mustt provide for educating p g minors about appropriate online behavior, including interacting with other individuals on social networkingg websites and in chat rooms and cyberbullying awareness and response.�

FCC August g 2011 Order < Since 2001,, CIPA required q schools to certify that internet safety policies and technology protection measures to receive “E-Rate” < Requires schools to use “blocking technology technology”

FCC August g 2011 Order < 2008 -- Congress g passed Protecting p g Children in the Twenty-First Century Act < Required schools to educate on: • appropriate on-line behavior, • interacting on social networking websites & chat rooms • cyberbullying

The Policyy < Must certifyy its existence on Form 486 or Form 479 â&#x20AC;&#x201C; must retain documentation for at least five y years. < Does not have to include specifics as to the particular program < FCC will not detail specific procedures or curriculum

We Need Definitions!! < < < <

What is: inappropriate for minors social networking cyberbullying y y g Minor â&#x20AC;˘ Nebraska law defines as under 19 â&#x20AC;˘ FCC defines as under 18

FCC did tell us: < Schools can decide for themselves whether to block Facebook and MySpace < Declaringg such sites categorically g y harmful to minors would be inconsistent with focus on â&#x20AC;&#x153;educating minors about appropriate on-line behavior

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

Sauerhaft v. Bd. Of Ed. (NY 2009)  Student e-mailed peer on school acc’t: • FATTYFATTYFATTYFATTY fatty f tt mcfatfat wow you are one fat f**k and everyone hates h t you • Show me yyour tits • You you fat f**k I want to have sex with you in the middle of the night ….  Recipient sued claiming violation of Title IX and § 1983

Emmett v. Kent Sch. Dist. No. 415 (W D Wash.

(W.D. Wash 2000)  Website contained mock obituaries of classmates and visitors voted on who would die next  Student suspended for 5 days  Court: • No evidence of true threat • No evidence of disruption • Missing playoffs is irreparable injury

Bullying y g in Nebraska â&#x20AC;&#x153;any y ongoing g gp pattern of p physical, y , verbal,, or electronic abuse on school grounds, in a vehicle owned owned, leased leased, or contracted by a school being used for a school purpose by a school employee emplo ee or his or her designee, designee or at school-sponsored activities or schoolsponsored athletic events.â&#x20AC;?

Bullying y g in Nebraska â&#x20AC;&#x153;any y ongoing g gp pattern of p physical, y , verbal,, or electronic abuse on school grounds, in a vehicle owned owned, leased leased, or contracted by a school being used for a school purpose by a school employee emplo ee or his or her designee, designee or at school-sponsored activities or schoolsponsored athletic events.â&#x20AC;?

What can staff do?  Keep “Responding and Reporting” separate in i your mind i d  Focus on Small Stuff  Talk to kids about tech  Talk to kids about managing g g anger g  Start with elementary kids  Communicate to kids that you care about this issue  Enlist E li t kids kid

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 to administration d i i i asap  Document everything

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

1:1 Issues < 1:1 • Computers C • Kindle/Nook • iPad • iPod iP d touch t h • BYOT < CIPA? < Use for cyberbullying? < Search and seizure issues

CIPA < E-Rate application -- NOT certifying tif i that th t you ensure kid kids will ill never be exposed p < Does not require the tracking of Internet use by minors or adults adults. < It is not clear if CIPAâ&#x20AC;&#x2122;s filteringg extends to networks outside the school environment

My Recommendations < Have a policy that makes clear: • you are filtering filt i access to t information on school campus, p , not the device itself • Require both parents and students to sign g ap permission slip p • Remind students that they aren’t to download any content without permission

Search and Seizure Issues

No “search” if Container is p public p property p y and student has no expectation of privacy Item in plain view Item abandoned Student consents

New Jersey vv. TLO • Standard is reasonable suspicion • Does not require q absolute certainty y • Choplick’s suspicion was the sort off ““common sense conclusion l i about b t human behavior” which “practical p people,” including government officials are entitled to reply upon officials,

Determining “reasonableness” • In order for a search to reasonable it must be: – Reasonable at its inception – Reasonable in scope p

So what does this have to do with Technology?

Technology gy & Searches Cell Phones & Other Personal Tech • Confiscation doesn’t raise 4th Amend.

• Looking L ki in i phone h does d (Kl (Klump v.

Nazareth Area School District) • But that doesn’t mean you can’t do it

School Computers Computers, E E-mail, mail etc etc.

• District property – no search • Personal e-mail stored on servers – “plain view”

Google Apps for Education

Google g Apps pp  Make sure agreement g with Google g covers FERPA, CIPA, COPPA and other BS  Amend District’s FERPA policy to list Google as “administrator” administrator  Amend District’s Directory Information policy li tto iinclude l d user ID “used “ db by th the student for purposes of accessing or communicating in electronic systems” (need legaleese here)

Google g Apps pp  Issues to address in p permission form: • Child Internet Protection Act (CIPA) • Children Children’ss Online Privacy Protection Act (COPPA) (school as agent) • Family Educational Rights and Privacy Act (FERPA) • Right Ri ht to t investigate i ti t the th contents t t off their student’s email account and Apps for Education files.

Google g Apps pp  Issues to address in p permission form (con’t): • Parents are responsible for monitoring their child’s use of Apps at home • Acceptable Use, Privacy and Safety • Data D t S Security it ((responsibility ibilit off the th student to make backups)

Google g Aps p Checklist    

 

COPPA statement in policy or handbook CIPA statement in policy or handbook handbook, with blocking technology in place FERPA statement that third-part third part website operators are “school administrators” Include student identification number (not ( social security number) in directory information Signed acceptable use policy Parents have not opted out of disclosure of directory information

I know what its like to be the tech guy/gal