Technology & Social Media LORI DUNN, CHERYL FUNK, MARK VITAL SCHOOL POLICY & LAW (SPRING 2017), UMASS LOWELL, GRADUATE SCHOOL OF EDUCATION

Statement of the Problem The school needs to update its  policies and practices relative to internet safety, use of hand-held devices (e.g. cell phones / tablets) in school and abuse of technology and use of social media by students and staff.

Questions to be Addressed How are social media products currently being used by students? By teachers? By administrators and parents? How can they be leveraged for better communication? What are the fears around social media in school? Are there any “bright spots” where social media is already being used successfully? Which policies or guidelines would make sense for you to adapt? How should you use the feedback from your community to shape your decision making? Does the document violate any current policies, laws, or ordinances? What do you need to do to get buy-in from your school board? How will you introduce the policy or guidelines to your community? Will you hold meetings at all schools? Send emails? Do any major themes emerge in your community’s feedback? What will you do if the guidelines are not well received? Source: https://www.edutopia.org/pdfs/edutopia-anderson-social-media-guidelines.pdf

Synthesis of Pertinent Case Law Tinker v. Des Moines Independent Community School Dist. The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school. Bethel School Dist. v. Fraser The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. Chief Justice Burger distinguished between political speech which the Court previously had protected in Tinker v. Des Moines Independent Community School District (1969) and the supposed sexual content of Fraser's message at the assembly. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education." Wisniewski v. Board of Education of Weedsport Central School District This appeal concerns a First Amendment challenge to an eighth grade student’s suspension for sharing with friends via the Internet a small drawing crudely, but clearly, suggesting that a named teacher should be shot and killed. The court concluded that the federal claims were properly dismissed because it was reasonably foreseeable that Wisniewski’s communication would cause a disruption within the school environment, and that it was appropriate not to exercise supplemental jurisdiction. Layschock v. Hermitage School District  In 2005, high school (HS) student Justin Layshock posted a fake MySpace page parodying his HS principal, Eric Trosch. School officials discovered the profile, and the school district suspended Layshock for 10 days. The boy and his parents sued the school district and various school officials in federal court, claiming (1) that the school's punishment violated his 1st Amendment rights, (2) that the school's policies and rules were vague and/or overbroad in violation of the 4th Amendment; and (3) that the school's punishment violated his parents' 14th Amendment rights to raise, nurture, discipline and educate him. The court granted summary judgment to Layshock on his claim that that the school's punishment violated his 1st Amendment rights. 

Links to Other Pertinent Case Law (Cont.) Emmett v. Kent School District 415 J.S. vs Blue Mountain School District Requa v. Kent School District  Bell v. Itawamba County School Board Evans v. Bayer Beussink v. Woodland R-IV School District T.V. v. Smith-Green Community School Mahaffey v. Aldrich  JC v. Beverly Hills Unified School District  Kowalski v. Berkeley County Schools  DJM v. Hannibal Public School Dist.

Identification of Relevant Laws and Regulations Massachusetts Regulations 603 CMR 33 Hazing Reporting- Secondary Schools 603 CMR 49 Notification of Bullying or Retaliation 610 CMR 5 Hazing Reporting- Higher Education Massachusetts Laws MGL c.71, s.37O Bullying in Schools MGL c.12, s.11H Violation of Constitutional Rights MGL c.265 s.43 Stalking MGL c.265, s.43A Criminal Harassment MGL c.266, s.37E Identity Fraud MGL c.269, s.17 Hazing MGL c.269, s.18 Failure to Report Hazing MGL c.269, s.19 Schools to provide copy of hazing law to students

Summary of Legal Principles The availability of Internet access in the nation’s public schools has risen dramatically (Questia, 2017). While there are still First Amendment Concerns pertaining to Freedom of Speech and Expression, one of the toughest questions is the extent to which students and teachers enjoy freedom of speech and expression on the internet, and to what extent they enjoy privacy in their communications (Riker ). Students and teachers are free to speak their minds on public school grounds, but even with First Amendment protection guaranteed by the U.S. Constitution, there are limits in the school setting. Figuring out where the line is drawn can be complicated, because the First Amendment’s Free Speech Clause requires courts and school districts to weigh and balance two concepts that occasionally clash: the need for safe, orderly school environment conducive to learning, the guaranteed American entitlement to speak or engage in expressive activity (Center for Public Education).

Recommendations for the Development and Implementation of Policies and Practices Research shows that young adult and teens are using some form of social media. Many educators are also on social media both for personal and professional use. From a professional standpoint, it enhances network of contacts, engages teachers in important discussions, and it extends their learning in provides a platform for class projects. From a personal standpoint, educators have lives, family and friends, so naturally they are drawn to social connections. However, educators have a responsibility as to how they use social media and how they educate their students in the use of technology and social media. The following are recommendations extracted from Educator’s Guide to Social Media to effectively promote technology and social media in the classroom.

Recommendations for the Development and Implementation of Policies and Practices Use The Educator’s Guide to Social Media for development and implementation practices: Protecting your privacy on social media Interacting with students Protecting student privacy Interacting with parent and colleagues Teaching students about social media Protecting against harassment Professional learning with social media How to use social media in the classroom

Process for Developing a Social Media Policy for Our School Examine School Culture and Beliefs of Social Media Organize a Team of all your Stakeholders - Open & Transparent Research Conducted - Internally & Externally, Plans from Other Districts Draft Your Instrument & Incorporate Feedback School Attorney & School Board See the Draft Introduce the Policy to the School Community Review Every Two Years

Work Cited Technology in the Schools: Legal Implications for students*. (n.d.). Retrieved March 25, 2017, from http://riker.com/publications/technology -in-the-schools-legal-implications-for-students Rutherford, S. (1998, June 22). Kids Surfing the Net at School: What are the Legal Issues? Retrieved March 25, 2017, from http://www.questia.com/library/journal/G1-20882742/kids-surfing-the-net-at-school-what -are-the-legal ConnectSafely. (n.d.). Retrieved march 29, 2017, from http://www.connectsafely.org/