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T+L: Smarter Connections for 21st Century Learners


Postings, Protection, and Policies: What School Leaders Need to Know About Online Teen Hangouts

Should school district leaders be concerned when teens create their own web pages on social networking sites, such as MySpace and Facebook? Are there real dangers in posting inappropriate comments? How should school board policies adequately address these new issues? With the dramatic growth of students who use these social sites to express themselves and interact with their friends online, educators need to learn more about the complexities of this medium. With high profile cases making headlines, it's critical that educators are prepared to deal with the dangers and understand the benefits of social networking. Legal expert Kimberly Jessie, an associate at Bracewell Giuliani law firm, led a lively online discussion about these issues on Wednesday, November 8.

Kimberly Jessie writes:

Welcome to today's online discussion. Let's get started.
A school board member from Hopkins, MN asks:

How do we address the bullying and ostracizing comments that take place in these locations when this spills over into conflicts and learning issues? How can we work with parents on this, when many of them do not view it as problem?
Kimberly Jessie writes:

The courts in addressing this issue so far have said that unless there is a "substantial disruption to the educational environment" administrators are limited in their ability to take any action. Substantial disruption includes such things as having to shut down the school computer system for multiple days because so many students make attempts to access the bullying or ostracizing comments. In terms of working with parents, let them know that although the District is limited in its ability to discipline the behavior, teachers have been successful in filing individual lawsuits against students and their parents. One teacher recently one a $500,000 lawsuit for defamation because of this issue.
A state school board association staff member from Latham, New York asks:

When school officials become aware of inappropriate postings on a site by student (if they are not a true threat), how can they respond? What about when staff members have done that (i.e. posted pictures of partying, etc.)? Is there anything school officials can do proactively with regard to employees? Do you recommend that school officials actually monitor the sites, and if so, how?
Kimberly Jessie writes:

Regarding your last question, I would not advise that public school officials actually monitor the sites because, even if they find something offensive or disturbing, they cannot take any disciplinary action against students until there is a substantial disruption on campus. If school officials become aware of such activity by a teacher, they can take action if the teacher effects their ability to effectively perform their job. Proactively, school officials should ensure that their policies incorporate the same language that the courts have used. Policies should inform parents and students that students may be disciplined for their off-campus speech on these social networking sites if the speech causes a substantial disruption to the educational environment, interferes with the rights of another, or is a true threat. If the speech occurs on campus, on a school computer or if a student brings a print-out to school for example, then school officials may take action if the expression is lewd, vulgar, or profane.
A school attorney from Indianapolis, IN asks:

I'm curious to hear from some of the school attorneys on what type of off-campus student internet usage they consider to be disciplinable under the "material disruption of school operation" standard from Tinker.
Kimberly Jessie writes:

Unfortunately, the focus has not been on the action of the student but on the response of peers. In Layschock v. Hermitage School District, the court determined that a student substantially disrupted the school environment when he created an online parody profile of his principal on an off-campus computer. The profile centered on the theme "big," so in response to the question "ever been beaten up" the parody said "big fag," and in response the question about alcohol use, the parody stated "big keg behind my desk." The court found substantial disruption because the volume of students accessing the profile was so high that the school had to shut down its computer system for 5 days. Substantial disruption was also found where a student's webpage about a teacher was so disturbing that the teacher took leave for five days. The website was entitled "Why She [teacher] Should Die," and asked visitors to give $20 to hire a hit man to get rid of the teacher. However, in another case, as student's web page was entitled "Satan's webpage," it contained a "list of people I wish would die," and stated "Satann's mission for you this week, stab someone for no reason and then set them on fire..." But, because there was no evidence that the student's website interfered with the school environment, the student's suspension was overturned.
A school board member from newburyport, ma asks:

This is an important and timely issue. Since social networking websites are not under a school district's jurisdiction, what can be done at a policy level to encourage appropriate behavior? Or is this better addressed through education?
Kimberly Jessie writes:

First, make sure that your Acceptable Use Policies limit computer access to education purposes and prohibit access for personal purposes. Then, you should have the authority to prohibit access to social networking sites like myspace, xanga, facebook, etc. because they have no educational value. Also, ensure that your District policies permit disciplinary action when speech on campus is profane, lewd, and vulgar. Policies should inform students that disciplinary action may be taken against them when their off-campus speech causes a substantial disruption to the education environment or interferes with another student's rights. Finally, criminal action may be taken against them when their speech constitutes a true threat.
A state school board association staff member from New York asks:

Can you provide the cite on the defamation lawsuit? It would useful to see the facts of the case.
Kimberly Jessie writes:

The citation to the original lawsuit between the student and the District is J.S. v. Bethlehem Area Sch. Dist., 757 A.2d 412 (Pa. Cmwlth. 2000). You should be able to get information about the teacher's lawsuit there.
A state school board association staff member from New York asks:

When would you advise getting law enforcement involved in a cyber-bullying/harassment incident- what criteria might a school district official apply?
Kimberly Jessie writes:

In terms of involving law enforcement, the standard is the true threat standard. Law enforcement officials may take criminal action when the speech "reflects a serious expression of an intent to inflict harm." Basically, the cyber-bullying and cyber-harassment must be accompanied by some intent to actuallly carry out the actions described online.
A school board member from Haines Alaska asks:

I'm concerned as I have 2 teenage girls that are hooked on MySpace-we talk about it but I need more info to take to the school board and parents. One big issue for me is their right to privacy as kids say things without knowing the legal ramifications.
A school attorney from Columbus OH asks:

Let's talk about YouTube. What about students posting videos sharing (usually pretty derogatory) opinions about school officials? What if that video includes school footage or animated spoofs of the school official? Does the arm of school disipline reach out to capture that conduct and if not, how far do you think the reach is?
Kimberly Jessie writes:

YouTube, just like myspace and all the social networking cites, is becoming incredibly popular, especially with teenagers. In terms of your privacy concern, it is very important to let children know about the legal ramifications of the information they post because although the District may not be able to take disciplinary action, the individual who are the target of the speech (teachers, school officials, other students)have been successful in bringing their own lawsuits for defamation and invasion of privacy. Let's take your example: the YouTube posting that includes derogatory footage about a school official. While the arm of school discipline may not reach far enough to allow the District to take action, the school official, in his individual capacity, can sue the student and the student's parents.
An individual from Washington, DC asks:

The message used to be "don't share personal identifying information" (name, address, phone number). Now, some consider what clubs a young person belongs to as personal information that shouldn't be shared. What is safe to post on an online profile?
Kimberly Jessie writes:

It's hard to say exactly what is safe and what isn't. But, given that there are about 50,000 sexual predators online at any moment, 89% of sexual solicitations occur in chat rooms and instant messages, 1 in 5 children have been solicited for sex, and 25% of children solicited never tell a parent, I would say less is more in terms of the information that students post in their profiles. In terms of clubs, to the extent that they include some type of geographically identifiable information (i.e. "Houston High School Cheer Squad"), I would not recommend posting it.
A state school board association staff member from New York asks:

This may fall more into the category of parenting advice, but are you aware of any guidance regarding when children are old enough to use these social networking sites? Are there resources you can point us to, that we in turn can direct educators to, that might guide parents on this question?
Kimberly Jessie writes:

MySpace has just come out with a Parent's guide that gives you information on how MySpace works, what age kids are allowed to use MySpace, and how parents can contact MySpace to get their child's MySpace page taken down. MySpace has also created a similar guide for School Administrators. The information on how to get these guides is available at www.myspace.com.
A state school board association staff member from Mechanicsburg, PA asks:

Are there First Amendment issues that school boards need to be cognizant of when writing a policy dealing with cyber-bullying? or is the "substantial disruption" test applicable here as well?
Kimberly Jessie writes:

The substantial disruption test is applicable. In this test, courts are balancing an individual's first amendment/free speech rights with the rights of school administrators to protect the educational environment from anything that hinders its intended purpose--educating students.
A reporter from Alexandria, Virginia asks:

Should any school board policies address teachers' use of these websites outside of school time as well?
Kimberly Jessie writes:

Schools have more flexibility in dealing with teachers than they do with students. A lot will turn on the type of contract that the teacher is employed under (at-will, term, probationary). For an at-will employee, the District can terminate employment for any reason or no reason at all. In San Diego v. Roe, the Supreme Court upheld an employer's decision to terminate the employee for posting sexually-explicit images on a website,even though the activity was done outside the workplace and the activity was puportedly about subject matters not related to the individual's employment. This decision turned on the employer's policies in place at the time. Check out this case at 543 U.S. 77 (2004).
Kimberly Jessie writes:

That ends our discussion for today. Thanks so much for joining us!
NSBA writes:

We hope to have a transcript of the discussion available later today.