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Published byRoger Nicholson Modified over 9 years ago
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School Law Boot Camp – Part 1
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LEGAL ONE Video LEGAL ONE Video SMALL GROUP ACTIVITY ALL GROUPS – ◦ Analyze the Cyberbullying Video Scenario Questions 2©Copyright 2014 Foundation for Educational Administration, Inc.
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Parameters for use of social media by teachers and students Searching electronic devices Cyberbullying and potential criminal behaviors Appropriate supervision of locker rooms Teen Dating Violence Addressing parent concerns Dealing with the media Being proactive in policies, procedures and professional development
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Teacher, Mr. Johnson, encourages students to follow him and each other on Instagram ◦ Well intentioned, but… Is there a board policy? Is the school principal aware of the practice? Is the teacher using his own personal Instagram account? Is there a danger that there will be a perception of an inappropriate relationship between the teacher and students? Are parents aware and have they consented? Have students been instructed on appropriate use and ramifications for posting appropriate images?
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Teacher seizes cell phone and looks at an inappropriate picture one student uploaded of another student Under the Fourth Amendment, students are protected against unreasonable searches and seizures ◦ School official must have reasonable suspicion that student has violated law or school policy and search must be reasonable in scope Additional protections come into play under state and federal law regarding electronic devices.
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In this case, not clear that teacher had reasonable suspicion to seize and search phone Better practice to have searches done, or overseen, by school administrator Review information on website on recent case law regarding searches of cell phone
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Teacher sees inappropriate images of a student on phone Form of cyberbullying – singling student out with embarrassing photo Scope of Problem ◦ About 1 in 4 high school students are victims, according to the Cyberbullying Research Center Need to report to principal and conduct investigation as required under state law and board policy
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May involve potential criminal violations ◦ Sending explicit images of a minor Review information on website on state law involving cyberbullying and criminal laws regarding sending explicit images
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Teacher overhears and sees a male student chastise his girlfriend for embarrassing him Interaction suggests potentially dysfunctional relationship and existence of dating violence Recent studies suggest that 1 in 8 high school students is the victim of physical abuse and more than 1 in 4 is victim of emotional abuse
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In the video, the Male student seems to be trying to emotionally control the female student Part of school official’s duty of care is to ensure student safety, address potential dating violence MISTAKE for teacher to not report issue to school principal Review information on website regarding dating violence and applicable state laws, including criminal laws LEGAL ONE course - Teen Dating Violence 101
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Parent barges in on the Principal ◦ She is upset that her daughter is in trouble for allegedly sending explicit images ◦ Goes on offensive, complains about how inappropriate it is that the teacher and students are following each other on Instagram Important issues raised about being proactive in communications between the school and parents Need to consider parental notice and/or consent prior to social media interactions Critical that Principal is aware of, authorizes and oversees social media interactions between teachers and students
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Principal is caught off guard when he learns that the parent has contacted the media Critical to have a plan for who should address media and what information should be shared regarding sensitive, confidential and emergency matters Common mistakes ◦ Shooting from the hip ◦ Not having established lines for contact with media OR ◦ Ignoring media requests
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Board Policies and Procedures on: ◦ Social Media Use Parameters ◦ Bullying & Cyberbullying ◦ Searching Electronic Devices ◦ Contacting Law Enforcement ◦ Addressing Teen Dating Violence Social Media Safety Curriculum District Oversight Professional Development All Staff (administrators, teachers, other staff)
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