Legal Issues for School Administrators

Technology has out-paced the legal system in issues related to cyberbullying in the schools. When a cyberbullying incident happens at your school, how will you handle it? What board policies will protect you? What is appropriate discipline? What kind of documentation do you need? How will you assure a safe environment for your students? Learn from national experts who have studied court decisions related to cyberbullying of students, teachers and school administrators.

The Internet and Student Discipline

Thomas Hutton, Attorney, NSBA
Thomas Hutton, National School Boards Association Staff Attorney, cites school district cases and how they were resolved. He includes examples of students impersonating school principals etc. The message is that school administrators must consider the importance and efficacy of establishing educational and preventative policies to deter cyberbullying before it begins.This presentation was made at the Oregon School Boards Assoc. Annual Convention (2006).
StudentInternetUse.ppt [PowerPoint]

From Cyberbullying to Cell Phones: Navigating Through the Legal Questions & Answers

Webinar with Thomas Hutton, March 2007

With the rapid growth of Web 2.0 technologies like social networking, a host of new legal issues have emerged. Cyberbullying raises questions about freedom of speech, and student cell phones have placed school leaders and parents at odds in some communities. Join the discussion with NSBA Senior Staff Attorney Tom Hutton as he provides updates on many of today's hot ed tech legal issues, including outcomes to court cases.
Cyberbullying.aspx [Audio Recording]

Navigating the Legal Landmines Around New Technologies

Question/Answer Session with Thomas Hutton, October 2007
New technologies such as cell camera phones and online teen hangouts are prompting serious discussions about their use and abuse. Recent examples, such as students posting surreptitiously taken teacher videos onto YouTube, have ignited concern about the presence of these technologies in and out of the classroom. What are the legal issues emerging from these new technologies? How can schools balance First Amendment protections with student safety? How should school board policies adapt to these technological advances?
http://boardbuzz.nsba.org/discussions/archive/session.10182007.newtech.php

NSBA Leadership Insider [August 2006]

In this issue: Coming to grips with harassment and bullying; cyberbullying; finding common ground on divisive issues like how to deal with harassment based on sexual orientation. Includes supreme court decisions on bullying cases such as employee to student harrassment and harrassment affecting Title IX and Disability populations, where school districts are obligated to take action.
LeadershipInsiderAugust2006.aspx [PDF Download]

BOARD BUZZ - NSBA's Daily Weblog

Stay abreast of new developments in issues related to school board law.
http://boardbuzz.nsba.org/

School Administrator's Guide to Cyberbullying

by Scott McCleod, JD, Ph.D.
[Narrated slide show on legal issues]
If you're a school administrator and have wondered what options you have when dealing with electronic bullying and harrassment, you'll want to view this Breeze Presentation, Administrator's Guide to Cyberbullying. Scott McLeod is an Associate Professor in the Department of Educational Leadership & Policy Studies at Iowa State University. You may already recognize his name from his DID YOU KNOW? video, popularized on the Web.

Cyberbullying & CyberThreats: Responding to the Challenge of Online Social Aggression, Threats & Distress[Book]

by Nancy Willard, M.S., J.D.
A copy of this book belongs in every school district in the country! Nancy Willard is Director of the Center for Safe & Responsible Internet Use and a noted expert and speaker on the challenges and legal issues related to technology use in schools. Her book helps school administrators analyze and intervene in cases involving cyberbullying or cyberthreats. She includes illustrative examples, recommendations for practice, and many practical resources. Available through Amazon.com
The Appendices from Nancy’s book are available as a FREE download from her website. We recommend reviewing Appendix B, School Actions and Options for Cyberbullying Response; Appendix C, Incident Report and Evaluation Form; and Appendix H and I, Internet Use Policies. Her Appendices J & K are also excellent resources for parents and students. Other helpful materials from Nancy include: How to Respond To Cyberbullying And Not Get Sued.pdf

Can You Hear Me Now?

Legal Implications for Searching Student Cell Phones
Although this article is written against Michigan law, it does help clarify some of the concepts for what is permissable.
http://mymassp.com/newsletters/2008/02/hearmenow/

Cyberbullying via Cell Phone-[legal consequences of forwarding nude photos of other students]
Do your students know that sending nude photos by cell phone (another form of cyberbullying) is subject to child pornography laws and if prosecuted to the full extent of the law, they could end up in juvenile hall or be forced to register as "sex offenders" for the rest of their lives?
http://youtube.com/watch?v=RXHnBAeG-zo. See also, Anne Collier's coverage of this issue at: http://www.netfamilynews.org/2008/03/naked-photo-sharing-trend-police.htm
http://safekids.com/2008/03/22/naked-photo-sharing-police-perspective/