4th Annual SW/WC Service Cooperative Technology Conference
Little Buffalo Law & Consulting
The information in this presentation is not legal
advice and is not intended as legal advice. It is
intended to provide general legal
information. It does not cover all issues related
to the topics discussed. The specific facts that
apply to your matter may make the outcome
different than you might anticipate based on
the material presented. Please consult with
your own attorney with regard to specific
issues.
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Constitutional law
Codified law
Case law
Contract law (“private law”)
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WHAT THE CONTENT CREATOR
CLAIMS
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Free Speech
WHAT OTHERS MIGHT CLAIM
Libel
Slander
 Harassment
 Invasion of privacy
 Unfair competition
 Right to publicity
 Free speech
 Negligence
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Obscene, rude, and discriminatory speech
Criminal or dangerous speech
Speech that could cause damage or that
presents a danger for the school or a school
member
Speech that abuses or clogs the school internet
system
If policy clearly declares the school system a
“limited forum”: anything of a non-educational
nature.
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Student speech is likely to be protected unless the
content:
1. Constitutes a material disruption to class work; or
2. Involves a substantial disorder or invasion of the rights
of others.
In practice, courts generally protect student speech
unless it contains threats and references to violence.
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Policies . . .
 Prescribe rules of conduct
 Instruct re: privacy and personal safety issues
 Identify school Internet system as a “limited
forum”
 Limit use of school Internet systems
 Address the unique circumstances of “laptop
schools”
 Establish “free speech” parameters for
private and parochial schools
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Acceptable use policies (for students and
staff)
Classroom and project specific guidelines
Parent permission slips
Student use “contracts”
Age-specific access policies
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Identify the technology issue
Conduct a stakeholder analysis
Conduct a policy audit
Draft/amend policy, if necessary
Develop strategies and solutions to maximize
safety and minimize risk
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Who in your school community is affected by technology issues?
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Identify all stakeholders – who is affected by
the technology issue and who will be affected
by a policy?
Prioritize stakeholders – who must be won
over? Who needs notice? Who can assist with
the process?
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High
Low
KEEP
SATISFIED
MANAGE
CLOSELY
MONITOR
(MINIMUM
EFFORT)
KEEP
INFORMED
Low
High
What are the current issues facing your school involving technology?
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Has your school done the following:
 Made an assessment of legal risks arising
from the use of classroom technology?
 Communicated clear expectations and
boundaries re: all uses of the technology?
 Enlisted student, staff, and parent input in
drafting school technology “contracts”?
 Established training requirements and policy
acceptance procedures prior to allowing use
of technology resources?
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Incorporated parent education into your
school’s technology strategy?
Established a “chain of command” for
reporting incidents?
Reviewed the policies on a regular basis since
instituting them? (Ask: Are the current
policies flexible enough to deal with
new/emerging technologies? What new
issues need to be addressed now that didn’t
exist previously?)
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Developing strategies for K-12 schools
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Imposter sites
Most commonly
appear on social
networking sites.
Teachers and school
administrators are
common targets, as
are students.
Related legal claims:
defamation,
invasion of privacy,
violations of free
speech.
J.S. through her parents Terry Snyder and
Steven Snyder v. Blue Mountain School
Dist. (Decision pending by 3rd Circuit)
Middle school student suspended for 10
days for creating derogatory imposter
MySpace site portraying school principal
as a pedophile and sex addict.
Parents brought suit alleging a violation of
their child’s free speech rights and their
rights as parents to determine how best
to “raise, nurture, discipline, and
educate” their child.
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Teacher/staff
websites, and
blogs
Off campus speech of
public school teachers
is scrutinized to a
much greater extent
than the speech of
average persons. Off
campus activity is a
gray area for teacher
free speech. Teachers
also need to be aware
that their on campus
speech is subject to
state Data Practices
Acts.
Payne v. Barrow County School Dist.
Teacher alleges she was forced to
resign her position without
adequate notice or due process
when confronted about Facebook
photo in which she is holding an
alcoholic beverage and a “status
update” in which she used the
word “bitch.”
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Student and
teacher
communication
Should teachers and
students text and call
each other on their
personal cell phones?
Should students and
teachers be social
networking “friends”?
Are there risks
associated with allowing
these types of casual
contacts? How and to
what extent teachers
should use these
technologies to
communicate with
students is a matter of
much debate.
Louisiana state law effective
November 2009:
 Schools required to document all
electronic communication
between teachers and students.
 Extends to personal devices, not
owned by the schools.
 Failure to comply may constitute
a “willful neglect of duty.”
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Sexting
A newly coined
term used to
describe the
practice among
teens and young
adults of sending
sexually explicit
photos to each
other on their cell
phones. Legislators
are scrambling to
get new laws in
place to
decriminalize the
activity.
Logan v. Sycamore High School
Allegations:
 School did not stop the bullying,
taunting, harassment
 No formal letter sent by school to
teachers or members of school
community
 No counseling to help the student
and no action to protect her
privacy.
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Disciplining
students
A number of cases have
surfaced across the
country in which
parents are suing
schools for
inappropriately harsh
discipline. Court rulings
are mixed. Are students
exercising free speech
rights? Are there limits
on the discipline
schools may impose?
What risks do schools
run when they choose
not to discipline?
T.V. and M.K. v. Smith-Green Community
School
Class action seeking declaratory and
injunctive relief and damages for
students suspended from extracurricular activities and forced into
“unwarranted, mental health
counseling” for summertime Facebook
postings that were deemed to “reflect
discredit” upon the school and which
“created a disruptive influence on the
good order, moral, or educational
environment” of the school.
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Miranda Jackson v. Pearl Public School Dist.
(cheerleader sues school and coach for violation
of her rights of privacy and free speech when
coach demands access to private Facebook page
and shares content with others at school).
J.W. v. Desoto County School Dist. (parent sues
school alleging illegal search and seizure and
challenging expulsion from school of her middle
grade son who read a text message in class in
violation of school cell phone policy).
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Providing community guidelines
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Collect data.
Solicit input.
Draft the new/revised policy.
Circulate the draft of the new/revised policy.
Approve and disseminate the new/revised
policy.
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Amend school policies to include prohibitions
against cyber-bullying
 Draft school policies re: cell phones, cameras,
recording devices, and other emerging technology.
 Make policies age/grade appropriate.
 Revisit and revise policy frequently.
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MINNETONKA SCHOOL DISTRICT
Policy #470 Employee Use of Social Media
Networks
http://www.bb.minnetonka.k12.mn.us/bbcswe
bdav/xid-775415_1
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Maximizing safety and minimizing risk
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Purchase licensed products and services for
students and staff that reduce or eliminate
the need to access non-licensed works.
Purchase products and services with
adequate (age-appropriate) privacy
protections.
Provide detailed guidance and parameters for
staff members developing online course
materials.
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Educate, disclose, seek feedback: the more input
and documentation you have from students,
parents, and administration, the better.
 Develop an awareness of how students and staff
are using technology.
 Role play with students about what to do if
inappropriate or suggestive comments are posted
by others; role play with staff about what to do if
they detect inappropriate use of technology;
educate older students, in particular, about the
risks of too much self disclosure.
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Communicate and educate about ethical
Internet conduct.
Help students understand the long term
effects of Internet speech.
Offer students an opportunity to provide
constructive, confidential feedback.
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Aimée M. Bissonette, JD
Little Buffalo Law & Consulting
www.littlebuffalolaw.com
amb@littlebuffalolaw.com
612-243-5013
Available from Corwin Press at www.corwinpress.com