1. Bullying & Cyberbullying Conference August 10, 2011 – Bloomington, Illinois Presented by: Brian D. Schwartz Attorney at Law

2. “A computer lets you make more mistakes faster than any invention in human history – with the possible exceptions of handguns and tequila.” -- Kevin McDowell

3. MySpace Bullying: No Escape Texting Facebook Sexting Parody Websites Instant Messaging

4. Megan Meyer -- 13 Phoebe Prince -- 15 Tyler Clementi -- 18

5. The Law 105 ILCS 5/27-23.7 Specifically prohibits bullying at school and school activities Each school district must maintain a policy on bullying, which policy must be filed with ISBE The policy must be reviewed every two years The policy must be communicated to parents and students yearly

6. The Law 105 ILCS 5/10-20.14 Each school district must have a policy “to address students who have demonstrated behaviors that put them at risk for aggressive behavior” Such policy must include procedures for notifying parents and early prevention techniques

7. Define “bullying” and graduated discipline Be applicable to school and school-related activities Prohibit bullying through school electronic equipment Allow for discipline for off-campus bullying that interferes with school or causes a safety concern Provide students and parents the name and contact information for the school district’s nondiscrimination coordinator A good school handbook procedure should:

8. Liability on School Districts & School Administrators The law requires you to immediately address bullying or harassment that takes place at school or at a school-related event Failure to take action could subject the school district and you – personally – to liability

9. Most students and staff members don’t know….. What constitutes “bullying” is determined by the recipient of the conduct

10. 2 Discipline for Off-Campus Student Misconduct

11. Students Can Be Disciplined For Off-Campus Bullying If: 1.Violation of School Rule 2.Nexus to Campus 3.Material & Substantial Disruption, Safety Concern or True Threat

12. Noteworthy Court Cases: Kowalski v. Berkeley County Schools Emmett v. Kent School District Layshock v. Hermitage School District JS v. Bethlehem Area School District Wilson v. Hinsdale Elementary School District

13. Questions

14. Thank You for Your Participation For More information, please contact Brian Schwartz bschwartz@edlawyer.org www.edlawyer.org © Brian D. Schwartz, 2011