Proposal1


 * Dan Wexler, Teryne Dorret, Christina Swanson, John Wallace, Mike Healey

Problem Statement:** To what extent is a school district responsible or liable for student digital misconduct outside of school? How should schools deal with Cyber Bullying? What policies should a school enact to comply with AB 86?

Assembly Bill 86 by Assemblyman Ted Lieu, D-Torrance, was signed by Governor Arnold Schwarzenegger and became effective January 1, 2009. The Lieu bill adds cyber bullying to the list of acts for which a student can be suspended or expelled, adding subsection (r) to existing California Education Code (EC) Section 48900. Sexual harrassment laws found in CA Penal Code 11166 & 11167
 * Laws: Assembly Bill 86: California Cyber Bullying Code, Active Jan 1, 2009**

**Tinker Doctrine**: students have rights of freedom of speech and expression. They are protected by the First Amendment. As long as their actions don’t //materially and substantially// disturb school discipline, or class work. Other students’ right to safety and education trumps freedom of speech. Include updates to Tinker and 4th Amendment. **Public Policy:** "It is estimated that 4 in 10 American teens have been victims of cyber bullying while 75 percent of students in the U.S. report that they have visited a website that turns other students into targets for harassment, according to a study by the National Crime Prevention Council." Include the importance of technology in our culture and our education systems.
 * Arguments:**

Cyberbullying is a growing new concern among students, teachers and administrators. The law states that schools are required to provide students and staff with a safe environment but to what extent? When it enters the cyber world and goes beyond campus are schools still liable? How will schools control cyberbullying when it occurs outside of school but bleeds on to campus? What school policies will have to be established to address this problem? Where will the lines be drawn between harassment and teasing?
 * School Impact:**

Sexting - sending nude pictures via text message. First and foremost, the impact on public schools is that, legally, all "sexting" must be treated as bullying and dealt with accordingly. Schools must have policies dealing with sexting and cyberbullying. Unless schools have these policies and act accordingly, they will be held responsible in the future and litigations will run rampant. I see not only security and police officers on campuses in the future, but "cybercops" employed as well.

Adina's Deck is an educational video program that schools are using to educate students about "Digital Citizenship". [|www.adinasdeck.com]


 * Structure of Project:**
 * Provide background about the problem, including why it's important, legal issues, and a lit review
 * Draft school policy recommendations to deal with Cyber Bullying
 * Create a survey of school personnel that gets feedback about the effectiveness of our school policy recommendations
 * Write a conclusion about our findings: will our policy recommendations work? What changes should be made to them?