Technology Access and
Education in Schools:
Speaking with Teachers
Glen Warren
California School Library Association
Vice President Governmental Relations
Adapted by Lesley Famrer
Library Association of the
University of California
 Whereas, students in California higher
education institutions are expected prior
to admission to be prepared to conduct
information research and think critically
by having had instruction at the
secondary school level in identifying,
locating, evaluating and using
information effectively and ethically;
Library Association of the
University of California
 Whereas, students are overwhelmed
with information of all sorts and need
guidance in learning how to become
"information literate" so that they can
identify, locate, evaluate and use
information effectively and ethically.
Digital Citizenship
Acknowledging the
New Complexities
Information Literacy
A ccess
E valuate
I ntegrate
O riginate
U se
Two Separate Worlds
Connected Worlds
Who Wants
your
Student’s
Attention
Digital Citizenship then . . .
AUP
Cybersafety
Students
Lesson
...and now
Parents
Teachers
AUP
Increased Proficiency
Full Curricular Integration
Ongoing
Students
CrossCurricular
and
Targeted
Instruction
IT & Ed Tech Support
Modeling Ethical Behaviors
RUP
Admin/Classified
Community
Staff & Parents need to know. . .
Teachers &
Staff
IT Dept
Ethical Use
Information
Literacy
Acceptable
Use Policy (AUP)
Curriculum
& Professional
Development
E-rate
NETS
Children’s Internet
Protection Act
Parents
Netiquette
Tech Literacy
Responsible
Cyberbullying
Use Policy (RUP)
NCLB / EETT
(CIPA)
Filtering &
Monitoring
Students
Archiving
AB 307
Chavez
Access
Compliance Issues
AB 307 Chavez



Ethical Use and Internet Safety
Teachers and Students
Goals addressed in EETT Ed Tech Plan
S 1492


Social Networking, Chat Rooms, and Cyberbullying
Students Only
Compliance Issues
E-rate (telecom discounts) /
Children’s Internet Protection Act
(CIPA)

Acceptable Use Policy (AUP)
 Need to have and enforce


Filtering and monitoring
Blocking sites
Acceptable Use Policy (AUP)
It’s a a legal, enforceable contract.
When did you last sign one?
Was it current to reflect the latest technologies?
Is it signed annually by students AND STAFF?
Do you understand what you are signing?
How about your students and their parents?
Best Practices: AUP
 Incorporating district philosophy with other
provisions
 Separate policies by user and age group
How do we best achieve this?
EDUCATION
Digital Reputation
Who are you?
Digital Reputations
 Building a Digital Reputation

Both Digital and Physical World
 Negative Digital Reputations

Striking Out Online
 Positive Digital Reputations

Making a Difference
Examining our own behaviors…
Are you or your colleagues
headed for an HR
nightmare?
Not if you understand the AUP you are signing,
and practice strong digital citizenship!
“The most common
reason for
terminating a
probationary
employee is due to
an AUP violation.”
David Simmons
Director, Human Resources
VCOE
Hot Topics: Staff Rights
Privacy of texting:
Ontario v. Quon
before the U.S. Supreme Court
Emails about superiors:
Kaye v. Board of Trustees of the San Diego
County Public Library
Law Librarian Was Properly
Fired for 'Disruptive' E-Mail
 A California appeals court refused to overturn
summary judgment in favor of a public law
library that fired its reference librarian after he
circulated a scathing e-mail critical of
management.
 The 4th District Court of Appeal rejected
Michael Kaye's argument that his e-mail was
protected speech and that his termination
violated the California Constitution's freespeech clause.
By LINDA COADY, ESQ., Andrews
Publications Staff Write
Nov. 20, 2009
Teacher Loses Job After Commenting
About Students, Parents on Facebook
 Facebook users take note: If you want to
keep your job, you're better off doing
your job-related griping offline.
 Talvitie-Siple, a supervisor of the high school
math and science program in Cohasset,
Mass., was forced to resign after parents
spotted Facebook comments she wrote
describing students as "germ bags" and
parents as "snobby" and "arrogant."
ABC NEWS
http://abcnews.go.com/Technology/facebook-firing-teacherloses-job-commenting-students-parents/story?id=11437248
Aug 19, 2010
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?
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 reasonable fear for
his or her 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 facts
May 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. Const., amend. I.
 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 harassment

Must 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 Intimidation

Educ. 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
Cases that have upheld discipline:
 Student barred from running for class secretary
because she posted 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).)
Cases that did NOT uphold discipline
(because of free speech concerns):
 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).)
Cases that did NOT uphold discipline:
 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).)
3rd Circuit Cases
 Two off-campus cyberbullying cases to be
heard by the Third Circuit En Banc:


Layshock v. Hermitage School District
J.S. Blue Mountain School District
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

Note: All three of the 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
Media Smarts – Survey
Basic Media Knowledge Survey
http://www.surveymonkey.com/s/9V88ZZ8
Parent and Student Rules Survey
http://www.surveymonkey.com/s/9L8VY52
What Are They Doing?
 Social Producing
 Sharing and
 Learning Social
Producing Music
 Discussion Interests
 Social and Political
Activism
 Keeping Friends
 Risk Assessment
Rules
 Designing Profiles
 Exploring Identity
 Writing Blogs
 Writing Software
Codes
What ELSE Are They Doing?
 Seeking Validation
 Damaging
 Competing
Reputation
 Pulling Pranks
 Getting Even
 Threatening
 Harassing
 Bullying
Popularity
 Venting
 Showing Off
 Embarrassing Self
 Crowded Isolation
Digital Reflect Physical
 82% of teens 14-17 use social sites now
 55% of students 12 to 13
 91% Frequent Friends Connection
 82% Rare Friends Connection
 72% Make Plans with Friends
 49% Make NEW Friends
 17% Flirt
Power Down Effect
Legislation Catch Up
Citizenship: Holistic Approach
Four Perspectives
• Legislative
• Community
• Literacy
• Technology
Cyber Safety – Obsolete Models
 Cyber Safety 1.0 – Crime and Adult Content
 Cyber Safety 2.0 – Peer to Peer Harm
 Common Elements:






One Size Fits All
Fear Based
Youth as Potential Victims
Technology both problem and solution
Social Media Highly Suspect
Result: Power Down and Disconnect Effect
The Need
Holistic Approach
“The way to meet the challenges and opportunities the internet presents isn't
to deny our children access to this great resource, but to make sure they
know how to use it wisely.
Just as we make sure our children know not to talk to strangers, not to bully
kids on the playground, and not to give out their personal information, we
have the same responsibility to teach them to apply these values online.”
Sen. Robert Menendez, D-N.J, sponsor of The School and Family
Education about the Internet (SAFE Internet) Act ($175 million grant
program)
Issues
 Sexting
 Legal Issues
 Consequences
 Response Plan
Phishing
 “You are a winner!”
 Protect Information
 Permission
 Cyber Bullying
 Legal Issues
 Bystander Ethics
 Response Plan
File Sharing
 “It’s FREE!”
 Legal Issues
 Consequences
Better Issues
 Field Trips
 Legal Issues
 Consequences
 Response Plan
Savvy Students
 “You are a winner!”
 Protect Information
 Permission
 Making a Difference
 Legal Issues
 Bystander Ethics
 Response Plan
Creators of Content
 “It’s FREE!”
 Legal Issues
 Consequences
Three Biggest Obstacles
1. “Powering Down” kids to come to
school – we need to use the media
they’re excited about
2. Time and Resources – teachers are a
support resource to make this happen
3. Absence of appropriate digital literacy
curriculum
Educate Who?
 Teachers
 Parents
 Administrators
 Librarians
 Law Enforcement
 School Counselors
 Everybody
Child Continuum
 Young Kids

Modeled
 Tweens

Shared
 Teens

Verifed
Parent Influence
 Consequences
 Observations
 Everyone Sees
 Uncomfortable
 Permanence
 Identity Theft
 Privacy
 Identity Protection
 Review Friends
 Intellectual Theft
List
 Not An Adult
 Privacy Issues
Cyber Bullying
http://cyberbullying.us/index.php
Kind Campaign
http://www.kindcampaign.com/doc_vid_1.php
Office of Privacy Protection
 Joanne McNabb
 California Office of Privacy Protection
http://www.cybersafety.ca.gov/educators.htm
Model School Library Standards
 California Department of Education
 CSLA, CAPTA, CUE, COPP
 http://www.cde.ca.gov/ci/cr/lb/
Digital Citizenship Education
 5th Grade and Up
 Copyright Focus
 AASL and ISTE
Standards
 BY BYTES Jr. High
http://digitalcitizenshiped.com/Default.aspx
Cyber Smart Week
 Orange County
 Teacher Driven
 K to 12th Grade
http://web.nmusd.us/cybersmartweek
FBI – SOS Program
 National Contest
 Student Data
 5th to 8th Grades
http://www.fbi-sos.org/index.cfm
Cyber Hero
 Woogi World Based
 Student Teacher
 School Data
 K to 4th Grade



cyberherowoogi
password: cyberhero12
http://www.woogiworld.com/teachers/script
s/resetchatmission.php?scriptenabled=1
http://www.woogiworld.com/login.php
http://woogiworld.com/teachers/login.php
Cyber Hero
Safety
Security
Health
Ethics
Free Parent Resource
bulkorder.ftc.gov.
Resources











GetNetWise.org
CyberBully411.org
CommonSenseMedia.org
iKeepSafe.org
NetSmarts.org
WiredSafety.org
StaySafeOnline.org
Shift Happens
iKeepSafe – Parents
Cybercitizenship.ning.com
K12digitalcitizenship.wikispaces.com
Glossary
 Avatar
 Hacking
 Blog
 IM and IP
 Blocking Software
 Password
 Buddy List
 File Sharing
 Cat Room
 Phishing
 COPPA
 Privacy Settings
 Cyberbullying
 Profile
 Firewall
 Sexting
 GPS
 Spyware
Key Resource Points
 From Enforcing to Educating
 Holistic Approach
 Fast Track Curricula
 Parents Included!
Give One – Get One
 Take a moment to think about one aspect of
the presentation that received that may result
in new action at the school site. (1 min)
 Share with a elbow partner one thing you
gained, and receive from your partner one
thing he/she gained. (3 mins)
 http://cybercitizenship.ning.com
 Under Forums – Resources