University of Maryland College Park, Maryland October 7, 2011 By: Rochelle S. Eisenberg, Esq. Hodes, Pessin & Katz, P.A. 410-339-6773 [email protected]

Hodes, Pessin & Katz, P.A. ©

C3 Conference

The More Things Change, The Less Things Change

University of MarylandCollege Park, MarylandOctober 7, 2011

By:

Rochelle S. Eisenberg, Esq.Hodes, Pessin & Katz, [email protected]

and

Larry Wong, SupervisorInformation Assurance and Risk ManagementCyber Safety Program ManagerOffice of the Chief Technology OfficerMontgomery County Public SchoolsRockville, [email protected]

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mailto:[email protected]

mailto:[email protected]


The future is now

• School systems have been confronted with the same issues for years - only now technology has changed the manner in which they are brought to light.

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• What is the same?– Governance (FERPA, CIPA, Local policies, AUP)– Safe and secure environment for student and staff

• What’s different?– Infrastructure – Connectivity– Security

• Does the device serve teaching and learning/educational purposes?

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BYOD – Bring your Own Devices

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Picture to be ready

What could the school system requires in terms of software and hardware on the personal device?


Technology required teaching, learning, and conducting school business

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What could the school system requires in terms of software and hardware on the personal device?


• Bullying and harassment of students• Inappropriate student-teacher communications• Harassment of teachers by other staff

What rules can school systems have to govern in the school setting?

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• Conduct outside of school impacting the school environment

• Parental over-involvement and harassment of staff• Defamation by publication

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• Affairs of the heart• Interest in pornography involving adult pictures• Interest in pornography involving pictures of minors

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• What goes on outside of school between students using social media is of no concern to the schools, unless it carries over to the school environment. Is there a threat and does it cause school disruption? Fighting words are not protected speech.

Can the school take disciplinary actions for internet conduct outside of school?

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• Students may be disciplined for improper on-campus computer use. Most school systems have Acceptable Use Policies and regulations. (State Board decision upholding the suspension of a student for materially disrupting the school environment by using the school’s computer and network to view inappropriate websites and download data on building bombs.)

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• Students may be disciplined for improper off-campus computer use (Pennsylvania Supreme Court held that a student’s online depictions of a decapitated teacher and solicitation of donations to have the teacher killed amounted to a material disruption and warranted expulsion.)

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• Student blogs that consist of criticism of the school or the teachers usually do not withstand First Amendment scrutiny. But if websites create a substantial disruption and material interference with school activities, the State Board has held the students may be disciplined. (Message board set up that featured death threats and obscene statements toward other students) (Rate certain female classmates on specific and lewd sexual traits and female students suffered significant indignity and embarrassment)

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• Best Practice: Teachers should not Facebook or Twitter with their students.

What are the boundaries?

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• Best Practice: If a teacher must e-mail with a student, send a cc to the parent/guardian.

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• What is the age of the student with whom the teacher is communicating?

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• What goes on outside of the school day between the teacher and student is of great concern to the schools. Communications must be limited to school-related business or matters within the scope of the employee’s professional responsibilities.

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• After bedtime communications?

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• There is a FERPA danger in using social media/e-mails in working with students. Confidentiality must be maintained.

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What is the liability?


• A teacher who Facebooks with one student but not others could be accused of favoritism-or bias.

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• Pornography may never be accessed on school computers at any time or on any device during the school day.

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• If you use your home computer to conduct school business, your e-mails from home are subject to being subpoenaed and may result in someone looking through your private information.

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How does the Maryland law dealing with search and seizure impact the school system?


• If a cell phone is seized during a school search, the administrator may not look at the stored e-mails or text messages. But if a student is suspected of cheating using his cell phone, the search may involve looking at recent e-mails or texts.

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Questions


Power Point Presentationprepared by:

Kimberly Acton-Klamut

Documents

University of Maryland College Park, Maryland October 7, 2011 By: Rochelle S. Eisenberg, Esq. Hodes, Pessin & Katz, P.A. 410-339-6773 [email protected]