Problem_Statement

Identify problem, issue, topic, including rationale for your project. The problem is the rise in "cyber-bullying," with our group focusing on "sexting." The issue at hand is whether the jurisdiction of a school's administration extends beyond the campus grounds, and to the extent in which they must respond. As of January first this year, a new law has been passed allowing school districts to punish for cyber-bullying. These laws will require schools to develop policies on cyber-bullying, in addition to training school personnel and disciplining students. The proliferation of online speech has pressured school officials to acquire greater authority over what students do off-campus. Our rationale for this project is based on the possible infringement of the first ammendmant. Opponents feel a sene of "Big Brother" at issue here and see the school as a place for learning, not a detective agency or a personal guardian service for students. The current media attention on this issue has created a surge of fear and a sense of urgency towards properly punishing the offenders, but will it be at the expense of some of our civil liberites? If an action can be found to substantially and materially effect a school's learning environment, then administrators may be held liable for inaction. Therefore, a student's right to free speech may become less free than previous generations, especially when it comes to how they use technology. With schools already under pressure for improving academics, how well will this problem be addressed?

Young people use the Internet for a variety of purposes, including education, entertainment, and socializing. Unfortunately, young people also use the Internet to bully and harass each other, which is called cyber bullying. This paper will look at the complex and changing legal issues facing schools regarding cyber bullying, and will make a series of policy recommendations that will help schools comply with law, and provide a safe environment for their students.

Schools have an obligation to protect students from harassing and/or bullying conduct. Schools must balance this obligation with students' free speech rights, and their need to use the Internet as a pedagogic tool.

A second major issue is schools' ability to regulate student misconduct outside of school.

Finally, what steps to school districts need to take to minimize their liability risks with regards to cyber bullying.

Background: "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."

Bullying and harassment, most often by peers, are the most frequent threats that minors face, both online and offline. Enhancing child Safety and Online Technologies (2008)

Need for the bill : A poll commissioned in 2006 by Fight Crime: Invest in Kids, showed that one in three teens and one in six preteens have been victims of cyber bullying and that more than 2 million of those victims told no one about the attacks. The author states, "As web-based social networking sites, such as Myspace and Facebook become more and more popular, cyber-bullying has become a problem for school districts and youth-based organizations. Such intimidation tactics are difficult for school districts to deal with because they happen outside of school property and usually after school hours."

What is cyber bullying ? Cyber bullying is the use of electronic devices and information, such as e-mail, instant messages, text messages, mobile phones, and web sites, to send or post harmful messages or images about an individual or a group.

In September of 2007, the National Association of Attorneys General (NAAG) Task Force on School and Campus Safety released a report that includes specific recommendations that address certain school safety issues. Recommendations from the Task Force included a recommendation for states to "continue to implement and expand bullying prevention measures, including cyber bullying."

The report stated, "Bullying was recognized as an important issue in examining school violence. The growth in the use of technology and social networking sites by younger Americans has fueled a fear among professionals that cyber bullying will become the means most often utilized to harass, threaten or otherwise cause distress. And while certainly more prevalent in the elementary and secondary school setting, issues related to bullying or intimidation are increasingly relevant in other nontraditional settings." **Assembly Bill 86** = =

"A U.S. Secret Service report on school violence in American showed that the students who initiated school shootings felt not only teased by their classmates but persecuted and tormented. Despite numerous theories, one common factor has been found among 75% of the young school-based shooters - bullying and harassment at school."

"Every day in the U.S., an estimated 160,000 students miss school out of fear of attack or intimidation by other students while one out of every ten students who drop out of school does so because of repeated bullying."

Article 1, ss28 (c), of the California State Constitution, approved by voters in 1982, states that "all students and staff of public primary, elementary, junion high and senior high schools have the inalienable right to attend campuses that are safe, secure, and peaceful."

(information from The LegisSchool Project, Ballot Measure #3)

Consideration:

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?

When schools conduct random searches of students’ belongings will they now need to search their cell phones as well for text messages and photographs that could be construed as harassment? What student privacy laws could be potentially violated? Will schools be held responsible for checking my space and utube for items that are “demeaning, dehumanizing, embarrassing, or could cause physical harm to a student or school employee”?