1. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been prepared by the CASBO Accounting Professional Council (or CASBO Associate Member). They have not been reviewed by State CASBO for approval, so therefore are not an official statement of CASBO.

2. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO CYBER CITIZENSHIP: PREVENTING POLICY PITFALLS April 3-6, 2013 Namita Brown Kelly Minnehan “These materials have been prepared for the CASBO Accounting Professional Council. They have not been reviewed by State CASBO for approval, so therefore are not an official statement of CASBO.”

3. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO The Fast-Paced Information Age

4. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 21 st Century Policies Where possible, embed the use of technology into existing policies.

5. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO The Policy Lens

6. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Today’s Key Topics Shaping responsible use policies Right to privacy Bullying/Sexting Search and seizure

7. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Policies & Practices Engage in a review of policies and practices –Filter bypass –Off-campus speech –Cyberthreats –Sexting –Cell phones & imaging devices –Extracurricular activities –Digital Reporting Source: Education Week Webinar, 2012

8. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Policies & Practices Set Context/Provide Rationale. Include a monitoring alert. Include expectations for reporting bullying/online behavior. Consequences for violating policies. Complainant signature and date should be required. Add expectations of employees to policies, to avoid bargaining implications.

9. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Integrated & Inclusive Approach Provide professional development, integrate into instruction Provide parent outreach Provide community outreach Students

10. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Responsible Use Policies An Responsible Use Policy (RUP) should be unique and tailored to your district’s technology resources and educational philosophies. But an RUP should include at least the following: Introduction and overview Usage policies Responsible uses Unacceptable uses –cyber bullying –sexting –use of the school’s resources for irresponsible behavior

11. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO First and Fourth Amendments

12. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Right to Privacy District's regulation of employee and student use of technology VS.

13. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO District Authority Districts have broad authority to regulate appropriate use of district-issued or licensed technology on or off campus Districts have broad authority to regulate appropriate use of student personal electronic devices on campus Districts have limited authority to govern student use of personal technology off campus, unless such use causes, or may cause, a substantial disruption on campus

14. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Substantial Disruption What constitutes substantial disruption?

15. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO School-Issued Technology What is “school-issued technology?” Examples: – Laptops – Email Accounts – iPads – Online Access

16. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO School-Issued Technology Use of school-issued technology that violate school policy may include: – Access to impermissible websites – Hacking – Stolen passwords – Bullying – Sexual harassment – Threats

17. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO School-Issued Technology What is a school districts authority to search school-issued technology: –For staff? –For students?

18. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO School-Issued Technology What if a teacher is on their prep period, lunch break, or returns to the classroom in the evening to use a school-issued laptop? When could a teacher be disciplined for cyber- misconduct on school issued technology?

19. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Monitoring and Supervising Online Behavior Free Speech Protection

20. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Search & Seizure What constitutes justified at inception? –Reasonable grounds exist for suspecting that the search will turn up evidence that student has violated a school rule What is reasonable in scope? – Extent of search actually conducted must be reasonably related to the objective of the search and not excessively intrusive

21. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Search and Seizure Policy/Regulations Pointers: –Add these messages to your annual AB 1825 training. –Add these messages to annual site administration training/investigation. –Add these messages to Curriculum Council, Employee and Parent Advisory Group meetings. –School district policies should not promise return of a student’s confiscated device at the end of class or day, because confiscated devices may contain evidence of a crime and must be turned over to the police.

22. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO “Sexting” – What is it? Definition: When a nude or partially nude and/or sexually explicit image or sexually explicit text message is sent via electronic device.

23. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO What Would You Do? What should a school district do if: –The search of an employee’s district cell phone reveals evidence of sexting (or pornography)? –The search & seizure of a student’s cell phone reveals evidence of sexting? –A member of the public contacts the district regarding an employee’s online conduct? (I.e., Insulting students? Insulting the school? Soliciting sex?)

24. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Bullying “Bullying” (of students) means: - any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including [sexual harassment, hate violence, harassment, threats, or intimidation], - directed toward one or more pupils …

25. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Bullying - that has or can reasonably predicted to have one or more of the following effects on a reasonable pupil: 1.Fear of harm to one’s person or property 2.Substantial detrimental effect on one’s physical or mental health 3.Substantial interference with one’s academic performance 4.Substantial interference with one’s ability to participate in or benefit from services, activities or privileges Education Code § 48900(r) (amended Sept. 2012)

26. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Recent Laws and Requirements to Respond to Bullying AB 746 (2011) AB 9 (2011) AB 1156 (2011) Require school districts to adopt policies to address bullying and cyberbullying

27. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Response to Bullying & New Requirements Policy must prohibit discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics Policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school Policy must be publicized and posted

28. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Response to Bullying & New Requirements Requirement that school personnel who witness bullying take immediate steps and to intervene when safe to do so Timeline to investigate and resolve complaints Appeal process for complainant All forms must be translated

29. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Response to Bullying & New Requirements School must maintain documentation of complaints and their resolution for a minimum of one review cycle School must ensure that complainants are protected from retaliation Identity of complainant must remain confidential, as appropriate

30. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Response to Bullying & New Requirements Encourages the inclusion of policies & procedures aimed at prevention of bullying in comprehensive school safety plans Requires that a student who has been a victim of bullying by another student in his/her district of residence to be given priority for inter-district attendance at the request of parent or guardian Recommends that school districts conduct in-services as a means to promote cyber safety among students

31. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO F3 Bullying / Cyberbullying Investigation Overview 1.Report7.Transfer 2.Timeline8.Document 3.Point Person9.Conclude 4.Investigator10.Follow Up 5.Evaluation/11.Appeal Process Investigation 6.Response

32. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO F3 Resources / Flow Chart Responding to Cyberbullying: Guidelines for Administrators

33. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Bullying? If misconduct at issue does not meet the definition of bullying, it may be grounds for discipline as sexual harassment under the Education Code. District should also consider alternative means of intervention, i.e. counseling.

34. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO And while we’re online…

35. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Release of Records The Public Records Act requires that “public records” be made available to the public. (Gov. Code § 6253.) Public records include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

36. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Question... Should you release all of the Board secretary’s email? Must you? Should/must you redact any of the email? What about the “confidential” email? What about email in the “trash” folder? How hard do you have to look for responsive records within the system (i.e. “trash,” deleted files, metadata)?

37. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Records Must provide copies or ability to review. To press or public. May redact certain private/confidential personal and student information. CPRA can be enforced by legal action.

38. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Involve, Engage and Empower Teachers Students Parents

39. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO Did you know? According to U.S. News and World Report, a recent survey of admissions officers at 359 colleges and universities revealed that 24 percent of respondents reported using Facebook or other social networking pages to research an applicant.

40. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO California's 21st Century Technology Task Force On(the)Line Rights Reputation Responsibility

41. 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 333270