“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 7: School Authority beyond the Schoolhouse Gate
School Authority beyond the Schoolhouse Gate
Due to the technological advances of the Internet and other communication devices, schools need to know how far their authority extends beyond the schoolhouse gate. The determination of whether cyber threats or inappropriate cyber expressions justify regulation usually involves establishing jurisdiction.
- Did the student's expression take place on school grounds or during a school-sanctioned off-campus activity?
- Did the student's expression sufficiently impact school activities to warrant regulation?
The general rule of thumb is that if there is a sufficient geographical nexus to the campus, it is more likely that inappropriate activity may properly be monitored by school officials.
The Morse decision, expanding Fraser's protection from a “lewd,” “vulgar,” “indecent,” and “plainly offensive” speech analysis to a potential harm ...