“This book describes the legal precedents involved in the discipline of students who engage in this type of behavior and provides a very helpful matrix for dealing with a sensitive cyber situation. I'd recommend this text for all administrators!”
—Jill Gildea, Superintendent
Fremont School District 79, Mundelein, IL
Education Talk Radio: 3/25/2011
What every school leader needs to know about cyber bullying and the law
A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber bullying incidents. The authors offer clear guidance for honoring free expression while providing a safe learning environment. Helpful tools include
“Top Ten Rules” for addressing cyber bullying; Strategies for documenting aggressive cyber situations; User-friendly legal tests for differentiating netiquette violations from First Amendment–protected expressions; The MATRIX, a rubric that provides efficient and clear decision-making guidelines for determining appropriate responses to cyber bullying incidents (also available online)
Relevant case studies give examples of schools' authority to regulate, censor, or sanction inappropriate cyber expression. Mistakes can be costly, and avoiding liability is key. This book shows you how to protect yourself, your school, and your students in accordance with the law.
Chapter 4: Inappropriate Student Expressions Controlled by Fraser
Inappropriate Student Expressions Controlled by Fraser
A review of lower court decisions within the categories of speech outlined by the Supre me Court provid es schools with further guidance for addressing potential First Amendment situations. The first category, controlled by the Fraser decision, authorizes schools to prohibit lewd, offensive, and vulgar expressions. In other words, the classroom rights of students include the right to wear armbands in protest of the Vietnam War, but not the right to wear Cohen's jacket displaying the words, “Fuck the Draft.”1
Schools are responsible for teaching the “fundamental values of ‘habits and manners of civility’”2 essential to a democratic society. Schools must teach tolerance and encourage debate and discourse among students with divergent political and religious ...