MANAGING RISKS OF CYBER AGE TECHNOLOGIES IN SCHOOL ENVIRONMENTS Leamon Holliday Bouhan Williams & Levy LLP Savannah, GA a/k/a Forrest Jack Lance * * Portions Originally prepared by Karen Haase 1

Technology is Here to Stay 2

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Serious Consequences for Students: Long term suspension or expulsion from school; Loss of and eligibility for extracurricular activities and potential scholarships; Loss of awards and achievements such as homecoming queen; Loss of reputation and future career opportunities; and/or Coercion, duress and sexual abuse. 4

Serious Consequences for Educators: Termination of employment; Revocation of teaching certificate; or Loss of reputation and future career opportunities 5

Serious Consequences for Both Students and Educators: Criminal prosecution; Imprisonment; and/or Sexual offender status. 6

Sexting? 7

Risk Management Step One – Educate Yourself and Others –Sexting; –Cyber-Bullying; and –Social Media like Facebook and Blogging –Relevant Law 8

Risk Management Step Two – Revise Policies (Clear Expectations) –Appropriate Use Policy –Student Code of Conduct –Athletic Code of Conduct –Blogging Policy –Educator Code of Conduct 9

Risk Management Step Three – Report Misuse of Technology To Superior To Parents To Law Enforcement To Professional Standard Commission 10

Risk Management Step Four - Respond to Bullying 11

Risk Management Step Five Advocate for Sound and Just Laws and School Policies 12

Until it’s not. Innocent fun? KateKarl 13

36 Friends of FriendsFriends Kate 14

216 Friends of Friends of Friends 15

1,296 Friends of Friends of Friends of Friends 16

7,776 Friends of Friends of Friends of Friends of Friends 17

7,777 Your local News Media 18

Sexting is Widespread September 2008 Study: 20% of teens overall 22% of teen girls 18 % of teen boys 11% of young teen girls 19

Innocent Fun? 20

SUPERINTENDENT ARRESTED FOR CHILD PORNOGRAPHY AND SEX CHARGES 21

Contracting Again with thanks to Jack Lance and the Rockdale School System 22

Contracting with a School District 23

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Construction Projects Use an open Bid or RFP process Comply with requirements of state DOE. For example Rule FED(2) states— The requirements of this rule shall apply to all public school construction projects regardless of project funding source unless exempt by O.C.G.A. §

Signature Authority The Board may authorize someone to sign contracts as its Agent. The entire Board does not have to sign a contract. The Board has delegated the authority to sign general contracts as follows: ABC 26

Issues of Execution Which entities are identified in the contract? The Board of Education, the School District or System? –Or a school, association or club? The true company name? –Business registration –License to carry out work 27

Multi-Year Contract Georgia law prohibits a District from agreeing to a multi-year contract without certain provisions. See paragraph 3, option 3 in the template contract for the required language and legal authority. 28

Indemnification in contract Gratuity Waiver of immunity 29

No Drugs, Controlled Substances, Marijuana, Weapons, Discrimination, or Harassment. While on school premises, at school related functions or within 1000 feet of school property, Contractors and their Subcontractors, if any, must agree and certify to: (a) follow Georgia law, Federal law and the Board’s policies regarding drugs, controlled substances, marijuana and weapons during the performance of the Agreement; and (b) follow Georgia law, Federal law, and the Board’s policies regarding discrimination and harassment during the performance of this Agreement. 30

Employment Eligibility Verification Department of Labor Rule O.C.G.A

Governing Law and Forum Selection Georgia law created and governs the District. The District lacks authority to accept the governing laws of another state. Thus, contracts must be governed by the laws of the State of Georgia. The District does not agree to arbitration. Instead, the District requires an alternative dispute resolution procedure that allows both parties to submit disputes to mediation prior to filing a lawsuit. This procedure gives both parties the best opportunity to preserve the relationship and to resolve its disputes at the least expense. 32

QUESTIONS?? 33