Transcript Protecting Students & Teachers from CyberBullying

PROTECTING STUDENTS & TEACHERS
FROM CYBERBULLYING
“Bullying is an underestimated and pervasive problem.”
- Gerard Kennedy
SOCIAL NETWORKING: CYBERBULLYING
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Sexting - the practice of electronically sending or
receiving sexually explicit images or messages.
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What are the Facts?
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In a recent research study of of 948 public high school
students (ranging in age from 14 to 19)*:
o
o
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28% reported having sent a naked picture of themselves
through text or e-mail (sext)
31% reported having asked someone for a sext.
57% had been asked to send a sext.
* Temple, J.R., Paul, J.A., van den Berg, P., Le, V.D. BS; McElhany, A., B.W. (2012). Teen sexting
and its association with sexual behaviors. Available:
http://archpedi.jamanetwork.com/article.aspx?articleid=1212181#
SOCIAL NETWORKING: CYBERBULLYING
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Class Discussion: Are schools preparing their
students?
WHAT ARE THE LAWS
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Federal Law:

The Children’s Internet Protection Act (CIPA) and the
Neighborhood Children's Internet Protection Act
(NCIPA)(2001)
Requires libraries and schools to have Internet safety
policies and technology which blocks or filters certain
material from being accessed through the Internet
WHAT ARE THE LAWS
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California State Law:

SB 719 (Bullying Prevention for School Safety and
Crime Reduction Act of 2003); Chapter 828. 2001
Cal. Stats., A.B. 79, Chap. 646 Requires the
Department of Education to develop model policies on
the prevention of bullying and on conflict resolution.
AB 86 (2008) Code §32261 (g) Gives school officials
grounds to suspend a pupil or recommend a pupil for
expulsion for bullying, including, but not limited to,
bullying by electronic act.
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WHAT ARE THE LAWS

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Recent California State Law:
AB 746 (July 2011). Updates California's anti-bullying laws by now
allowing schools to suspend students for bullying classmates on
social networking sites.
AB 1156 (July 2012) expanded the definition of bullying and
connected it to academic performance. Requires school site
personnel to receive training in bullying prevention plus grants
bullying victims priority for transferring out of a school, if
requested.
AB 9 “Seth’s Law” (July 2012) mandates that schools post antibullying policies throughout campuses, provide complaint forms
on their websites, and give schools a timeline to investigate and
resolve complaints.
WHAT ARE THE LAWS

Propose California State Law
(passed by the State Senate, awaiting approval from the
Assembly and signing by the Governor Brown) :

SB 919 – Would make engaging in an act of “sexting” an
expellable offense. Current California law limits school districts
to disciplining of students for their actions while on school
property, coming and going from school, during lunch breaks,
and when traveling to school-sponsored events.
ARE THE COURTS SUPPORTING SCHOOLS?

Up to this point have the courts supported
schools in dealing with CyberBulling and
inappropriate use of social media?
CASE STUDY:

A middle school student was suspended for creating a
fake MySpace profile with “sexually explicit content” for
her principal. No one saw the profile while in school
(because the school’s computers blocked access to the
site). Although the content was found to be “disturbing,”
the only “disruption” it caused in class was a teacher
yelling at students to stop their chattering about it. The
student’s parents appealed the suspension and took
the school district to court.
1.
Did the School District have the right to suspend the
student?
Where the student’s constitutional rights violated?
2.
CASE STUDY:

A high school junior was suspended for taking
surreptitious video footage of a female teacher during
class, including several shots of her from behind or
while bending over. Then he edited the footage, set it to
“booty” music, and posted it to YouTube and
MySpace. As if that wasn’t bad enough, a local news
station discovered the video and reported on it. The
student claimed that he intended the video to be a
critique of the teacher’s hygiene.
1.
Did the School District have the right to suspend the
student?
Where the student’s constitutional rights violated?
2.
CASE STUDY:

A high school principal created a Facebook profile using a
fictitious name and friended more than 300 people, many of
which were students and district parents. The principal
justified her actions by claiming, “I’m just checking to see
what my students are doing and because they friended me,
they chose to give up their privacy.”
1.
When we post things online do we give up ownership of our
work product?
Did the students and parents give the principal permission
to see the posts of their other friends—those individuals who
didn’t choose to be connected with the principal?
2.