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Your Parents’ World
What Do You Need to Know and Do? Be information literate: access,
evaluate, use Be a lifelong learner: pursue
interests, read, generate knowledge
Be socially responsible: uphold democracy, be ethical, cooperate
Two Separate Worlds?Two Separate Worlds?
Physical Digital
Connected WorldsConnected Worlds
Physidigital
Who Wants your
Student’s Attention
Social Producing Learning Social Rules Designing Profiles Exploring Identity Writing Blogs Writing Software Codes Sharing Producing Music Discussion Interests Social and Political Activism Keeping Friends Risk Assessment
What Are You Doing?
Seeking Validation Competing Popularity Venting Showing Off Embarrassing Self Crowded Isolation Damaging Reputation Pulling Pranks Getting Even Threatening Harassing Bullying
What ELSE Are Your Friends Doing?
Digital Reputation Digital Reputation
Who are you?Who are you?
Using technology Safely Responsibly Critically Productively Pro-actively
The CommunityThe Community needs to know. . .needs to know. . .
Compliance IssuesCompliance Issues AB 307 ChavezAB 307 Chavez
Ethical Use and Internet Safety Ethical Use and Internet Safety Teachers and StudentsTeachers and Students Goals addressed in EETT Ed Tech PlanGoals addressed in EETT Ed Tech Plan
S 1492S 1492 Social Networking, Chat Rooms, and Social Networking, Chat Rooms, and
CyberbullyingCyberbullying Students OnlyStudents Only
Compliance IssuesCompliance Issues
E-rate (telecom discounts) / E-rate (telecom discounts) / Children’s Internet Protection Act Children’s Internet Protection Act (CIPA) (CIPA)
Acceptable Use Policy (AUP) Acceptable Use Policy (AUP) have and enforcehave and enforce
Filtering and monitoringFiltering and monitoring Blocking sitesBlocking sites
Acceptable Use Policy (AUP)Acceptable Use Policy (AUP)
It’s a a legal, It’s a a legal, enforceableenforceable contract.contract.
When did you last sign one?When did you last sign one?Was it current to reflect the latest Was it current to reflect the latest technologies?technologies?
Is it signed annually by students Is it signed annually by students AND STAFF?AND STAFF? Do you understand what you are signing?Do you understand what you are signing?How about your parents?How about your parents?
Best Practices: AUP
incorporating district philosophy with other provisions
separate policies by user and age group
How do we best achieve this?
EDUCATION
Education Code 48901.5Cellphones
(a) The governing board of each school district, or its designee, may regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (b) No pupil shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the pupil and use of which is limited to purposes related to the health of the pupil.
Issues
Sexting Legal Issues Consequences Response Plan
Cyber Bullying Legal Issues Bystander Ethics Response Plan
Phishing “You are a winner!” Protect Information Permission
File Sharing “It’s FREE!” Legal Issues Consequences
Better Issues Field Trips
Legal Issues Consequences Response Plan
Making a Difference Legal Issues Bystander Ethics Response Plan
Savvy Students “You are a winner!” Protect Information Permission
Creators of Content “It’s FREE!” Legal Issues Consequences
Case Study
Dylan Mardis is a sophomore in high school. He is depressed because he was rejected by a potential love interest. While chatting with his friend, Carly, via instant messaging outside of school, he tells Carly he is going to take a gun to school and kill everyone he hates and then shoot himself. Carly informs a school administrator.
Case Study Questions:
Is Dylan’s speech a “true threat” unprotected under the First Amendment?Did he intend to communicate his statements to the
alleged victims? Does it matter?Did he intend to carry out the threat? Does it matter?
Is Dylan’s speech likely to cause substantial disruption in the school?
What actions should the school take?
The District’s Authority to Suspend or Expel Students Education Code section 48900(r) Grounds for suspension and expulsion include:
“Engaged in an act of bullying, including but not limited to, bullying committed by means of an electronic act, as defined in subdivisions (f) and (g) of Section 32261, directed specifically toward a pupil or school personnel.”
In the context of 48900, “bullying” means… Sexual harassment Hate violence Severe or pervasive intentional harassment,
threats or intimidation that is disruptive, causes disorder, and invades the rights of others by creating an intimidating or hostile educational environment above statutes (Ed Code 48900.2, 48900.3 and 48900.4) pertain to grades 4-
12
Other grounds for suspension/expulsion: Threats to cause physical injury to another
person. 48900(a) Obscene acts and habitual profanity.
48900(i)
Jurisdiction: Educ. Code 48900(s) A pupil shall not be suspended or expelled for any of the acts
enumerated in this section, unless that act is related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to school activity or attendance that occur at any time, including, but not limited to, any of the following:
(1) While on school grounds.
(2) While going to or coming from school.
(3) During the lunch period whether on or off the campus.
(4) During, or while going to or coming from, a school sponsored activity.
Jurisdiction
May the district suspend or expel students for cyberbullying that takes place away from school?Should the district take such action?
Jurisdiction…
Don’t forget the First Amendment issues. If there is not a close nexus between the student’s speech and the school (i.e., a reasonable likelihood of substantial disruption), the First Amendment may protect the student’s speech
Criminal Activity
Ca Penal Code section 653m:“Every person who, with intent to annoy …
makes contact by means of an electronic communication device with another and addresses to … the person any threat to inflict injury to the person … is guilty of a misdemeanor.”
Criminal Activity…
Penal Code section 653.2 -- Misdemeanor: Intent to place another person in Intent to place another person in reasonable fear for his or reasonable fear for his or
her safetyher safety, or the safety of the other person's immediate family
By means of an electronic communication device … and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party,
Electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action
Criminal Activity…
Do you have to report sexting as child abuse?Penal Code section 11165.1 defines “sexual
abuse,” including “sexual assault” and “sexual exploitation”
Consider the specific factsMay want to obtain legal advice
Searches
Search must be justified at its inception. Must have reasonable grounds that the search will turn up evidence of a violation of law or school rules. (New Jersey v. T.L.O., 469 U.S. 325 (1985).)
Requires objective and articulable facts; and Search must be reasonably related in scope to the
circumstances which justified the search in the first place
Searches
Suspected violation of one rule (e.g., use of cell phone during class) does not support a search to determine violation of other rules
It is not permissible to search one student’s cell phone to determine if another student has violated law or school rules (Klump v. Nazareth Area School District, 425 F.Supp.2d 622 (E.D. Pa. 2006))
Legal Obligation to Protect Students’ Free Speech Rights “Congress shall make no law … abridging
the freedom of speech.” (U.S. Constitution amendment 1)
Tinker: Student speech is protected, unless the conduct would materially and substantially interfere with the requirements of appropriate discipline
Freedom of Speech
Education Code section 48907:
“Pupils of the public schools shall have the right to exercise freedom of speech and of the press … except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.”
What is NOT protected speech:
Obscenity Defamatory material:
Requires a good faith and objectively rational determination that the speech contains a false statement, or one that cannot be proved to be true, likely to harm the reputation of another or hold that person up to shame, ridicule or humiliation.
What is NOT protected speech:
Incitement to violate the law or school policy or substantially disrupt school operations Speech cannot be suppressed merely because it
presents controversial ideas and opponents of the speech are likely to cause disruption
Speech can be suppressed if it specifically calls for a disturbance, or because the manner of expression is so inflammatory as to provoke a disturbance
Not protected speech:
True threats:Test is whether a reasonable person who is
the object of the statement would feel threatened
Example: Student told guidance counselor, “If you don’t’ give me this schedule change, I’m going to shoot you” (Lovell v. Poway Unified, 394 F.3d 367 (9th Cir. 1996))
Not protected speech:
Sexual harassmentMust be severe or pervasive such that it
interferes with a student’s academic performance or creates an intimidating, hostile or offensive educational environment
Not protected speech:
Harassment, threats or intimidationEduc. Code 48900.4
Must be severe or pervasive; and Disruptive; and Invade the rights of either school personnel or
pupils by creating an intimidating or hostile educational environment
Can they be disciplined?
Student barred from running for class secretary because she posted a blog from home using lewd language to criticize school officials (Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008))
A drawing that shows a pistol firing at a person’s head with the caption, “Kill Mr. VanderMolen” (Wisniewski v. Board of Education, 494 F.3d 34 (2d Cir. 2007))
A website suggesting the student’s teacher should die, and asking for contributions to help pay the hitman (J.S. v. Bethlehem Area School District, 569 Pa. 638 (Pa. 2002))
Can they be disciplined?
A student’s “top 10” list regarding the Athletic Director, including reference to the size of his genitals (Killion v. Franklin Regional School District, 136 F.Supp.2d 446 (W.D. Pa. 2001))
A student website that lists, “People I wish would die” and instructs readers to kill someone -- with the disclaimer that readers not “go out and kill and blame it on the site.” (Mahaffey v. Aldrich, 236 F.Supp.2d 779 (E.D. Mich. 2002))
Can they be disciplined?
A student website referring to other students as “losers” and describing one boy as being sexually aroused by his mother (Coy v. Board of Education, 205 F.Supp.2d 791 (N.D. Ohio 2002))
A student website containing mock obituaries of his friends and asking viewers to vote on who would “die” next for purposes of the mock obituaries (Emmett v. Kent School District, 92 F.Supp.2d 1088 (W.D. Wa. 2000))
Responsible Use Plagiarism Cheating Downloading illegally Sharing files illegally
NO
Citizenship: Holistic Approach
Four Perspectives • Legislative• Community
• Literacy • Technology
Critical Use Requires Information Literacy
A
E
I
O
U
ccess
valuate
ntegrate
riginate
se
New Literacies
Technology Literacy Information Literacy Media Creativity Global Literacy Literacy with
Responsibility
Teen Internet Truisms Wikipedia is king Google is awesome Want news? Go online Social networking is good for homework IM> email / Email is so yesterday – it’s for old people and teachers If it’s not on the front page, it probably isn’t worthwhile anyway “Good enough” is good enough Free is good Downloading is OK as long as you’re not selling it I get scared sometimes, but I can take care of myself
What Are Some Alternatives? Use subscription online databases (support curriculum
and high-quality) Use sophisticated search strategies (such as
Boolean) Look at means and context Compare resources Be persistent; go back and regroup Focus on synthesis and your own voice: transform Different sense of time… plan ahead
Communities of Learning
Autonomous, sustained group of people with common values and goals
Social and academic/professional development
Socialization, norms, and openness
Collaborative learning Individual and group
accountability Distributed leadership
What Teachers and Librarians Can Do Go to where the students are Build community and social safety net Provide (and teach) tech tools Provide meaningful, authentic tasks Provide online tutorials – or links to them Provide online reference and link to other libraries
with online reference service Think web 2.0 Use blogs, wikis, “e-readers” Sound out: use podcasts/vidcasts
Co-Curricular Activities
Online clubs and literature circles Student publications online Video/Podcast/Web service club Special ed aides Peer tutoring and mentoring
Empower Youth Using Technology
Review books, media, Internet sites Add content on community websites Create products for the community:
photos, artwork, videos, displays, posters, newsletters, web pages
Train others in technology use Do service learning Conduct oral and community history
Online Resources
http://cybercitizenship.ning.com http:// www.onguardonline.gov http:// GetNetWise.org http://CommonSenseMedia.org http://iKeepSafe.org - Parents http://NetSmarts.org http://WiredSafety.org http://StaySafeOnline.org http://letmeknow.girlscouts.org http://pbskids.org/license/ http://www.medialit.org/ http://phoneybusiness.com/etiquette.html http://www.plagiarism.org
…Because YOUare the future!
School Learning Activities
Writing: directions, continuous stories, tet commentary, peer review
Dramatization Environment: visual inventory, field trips,
animal rights Art: original clip art, digital self-portraits,
ideal school, virtual museums
More School Activities
Health: ads, fotonovelas, tech healthcare, assistive tech
Career exploration: shadowing, role of tech in careers, online volunteering
Law: students’ rights, driving laws, CSI, legal tech, voting trends
