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Acceptable Use Scenarios

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Jerry Williamson

on 10 December 2012

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Transcript of Acceptable Use Scenarios

Acceptable Use Scenarios Scenario Activity Read each scenario and answer each question. Include the following documents, laws, and policies in your consideration? Scenario #1 A 5th grade teacher took her class to the computer lab to do a research project. The teacher provided her students with a list web resources to conduct their research. One of her student used Google’s image search to search for “adult comics” and a page of inappropriate images appeared. The teacher saw the student’s search page and tells the student to close down his Web browser, log off the computer, and go to the office. The administration sends the student to in-school-suspension for the remainder of the day. The parents of the offending student say that the punishment is unfair because the filter should have blocked the web site. Pertinent documents, laws, & policies Scenario #1 Questions A) Were the actions of the teacher and principal justified with school policies and laws?

B) Was the parent correct in saying the filter should have blocked the student’s search? A) Were the actions of the teacher and principal justified with school policies and laws? Scenario #1 Questions B) Was the parent correct in saying the filter should have blocked the student’s search? Scenario #1 Questions Scenario #1- Beyond Discipline K.SE.1. Remember safety and ethical issues related to the responsible use of information and technology resources.
1.SE.1 Understand safety and ethical issues related to the responsible use of information and technology resources.
2.SE.1 Understand issues related to the safe, ethical, and responsible use of information and technology resources.
3.SE.1 Understand issues related to the safe, ethical, and responsible use of information and technology resources.
4.SE.1 Understand issues related to the safe, ethical, and responsible use of information and technology resources.
5.SE.1 Understand issues related to the safe, ethical, and responsible use of information and technology resources.
6.SE.1 Apply responsible behaviors when using information and technology resources.
7.SE.1 Apply responsible behaviors when using information and technology resources.
8.SE.1 Analyze responsible behaviors when using information and technology resources.
HS.SE.1 Analyze issues and practices of responsible behavior when using resources. It is every teacher's responsibility to teach and reinforce responsible behavior with technology. Scenario #2 A teacher required all of her elementary-age students to create personal accounts on an email web site service called gmail.com. A parent of one of the students called the teacher’s principal to complain about this class requirement. She claimed it was “illegal” for the teacher to require her child to sign up for gmail.com. A) Was the parent correct and how should the school deal with the issue? Scenario #2 Question Scenario #2 Question A) Was the parent correct and how should the school deal with the issue? During the school year 2012-2013, DPS schools can elect to use Google Apps for Education to be COPPA compliant. Scenario #2- Google Apps Scenario #3 A teacher posted a picture of one of her male students on her class web site. The image included the boy holding up drawing that he created for a class project. The teacher posted the student’s full name below the image in the caption. The student’s parent contacted the school and complained to the administration that the teacher posted the image and her child’s name without her consent. Scenario #3 Questions A) Did the teacher have the right to post the students image and name on her web site? A) Did the teacher have the right to post the student’s image and name?
Yes, the teacher may post the student’s image and name as long as there was no written objection by the parent submitted.
Policy 4207- Directory Information includes: the student's name, the parents' /guardians' names, the student's age, the student's photograph, the student's participation in officially recognized activities and sports...
Annually, parents/guardians of current students, and emancipated students, will be notified (via the Parent-Student Handbook) that they may object to the release of directory information. Objections must be made in writing and placed with the student's record. If an objection is made to release of all or part of the directory information, no such information about that student will be released. Scenario #3 Questions Scenario #3- Objection Form http://www.dpsnc.net/about-dps/forms/student-information-request-forms/notification-of-media-visits Scenario #4 A teacher uses his personal Facebook account to “friend” the students in his high school algebra 2 class. The teacher sends the students private homework reminders via Facebook every night and periodically showcases the students’ class work by posting updates to all of his Facebook friends. A) Is the teacher violating any rules? Scenario #4 Questions Scenario #4 Questions A) Is the violating any rules?
Yes, the teacher is violating the Acceptable Use Policy for staff by using her personal Facebook account.
Acceptable Use Policy 3040.5/5150.5 Personal Websites- Employees may not use personal web sites or online networking profiles to post information in an attempt to communicate with students in their roles as school system employees”. Scenario #5 A teacher noticed a student displaying a cell phone during instructional time. The teacher confiscated the phone. The teacher and assistant principal searched the text messages and voicemails on the phone to see if other students had also been using their phones during instructional time. They called numbers in the phone log to see if they belonged to other students. Scenario #5 Questions A) Did the teacher have the right to confiscate the phone? Scenario #5 Questions B) Did the teacher and assistant principal have the right to search the contents of the phone? A) Did the teacher have the right to confiscate the phone?
Yes as stated in AUP 3040.
The AUP 3040 is the legal standard- Student Code of Conduct I-9 Electronic Devices- "no student shall use, display, transmit or have in the “on” position on school property any wireless communication device or personal entertainment device...Electronic devices may be used by students for instructional purposes with the permission and under the supervision of the teacher...Any device possessed or used in violation of this policy shall be confiscated and only returned to the student’s parents/guardian. Scenario #5 Questions B) Did the teacher and assistant principal have the right to search the contents of the phone?
No, schools may not search the contents of a device simply because the student is using or displaying it without authorization (Klump v. Nazareth Area School District, 2006).
Schools may not go on a "fishing expedition" without 4th Amendment reasonable cause. Scenario #5 Questions Scenario #6 While at home, an 8th grader created a personal website called “Teachers Sux” that included statements about his algebra teacher such as “F___ you, Ms. Fulmer, you are a stupid “b____,” compared her to Adolph Hitler, mocked her appearance, and included a page called “Why she should die” that stated “give me $20 to help pay for the hitman.”. The “Why she should die” page did not give any information about where to send money and included only a derogatory cartoon. The teacher was so upset that she took medical leave. The administration of the school expelled the student from school. The student filed a lawsuit to contest his expulsion, claiming his First Amendment rights were violated. Scenario #6 Questions A) Does the student have a First Amendment right to post such content?
B) How should the school respond? Scenario #6 Questions A) Does the student have a First Amendment right to post content?
Yes, students DO have First Amendment rights, even in schools.
In general, courts expect adults to accept online criticism from students, even if it is misguided.
"True threats" are not covered by the First Amendment. Scenario #6 Questions B) How should the school respond?
Schools can administer discipline of insulting speech if it causes a “substantial and material disruption” to school activities as stated in DPS Student Code of Conduct.
School can also contact the web service to have them take down material. Scenario #6 Legal Rulings Five Reasons Students' First Amendment Rights Can Be Punished or Prohibited:
DISRUPTIVE SPEECH: You must prove that the speech would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.”
PROFANE SPEECH: You must prove the speech is sexually-oriented and contains “vulgar and offensive terms.” Bethel School District v. Fraser, 478 U.S. 675 (1986).
SCHOOL-SPONSORED SPEECH: If the speech is part of a school-sponsored activity,...the school can prohibit/punish it so long as there is a “legitimate pedagogical concern” for doing so.
PRO-DRUG SPEECH: Schools can prohibit/punish student speech if it “can reasonably be regarded as encouraging illegal drug use.” Morse v. Frederick, 551 U.S. 393 (2007). This standard does NOT apply to speech on political or social issues (e.g., “Legalize it!”
“TRUE THREATS”: The Supreme Court ruled (in a non-student case) that “true threats” of violence are not protected. Scenario #7 Several high school students created accounts on Twitter.com account and posted tweets about classmates, including their names, calling them deragatory names, and listing their supposed sexual relationships. Scenario #7 Question A) How should the school respond?
CYBER-BULLYING – BEST PRACTICES
Safety above all else:
Report ALL possible criminal cyber-bullying to law enforcement immediately
Some cyber-bullying is a crime under G.S. 14-458.1.
Notify parents of potential victims of cyber-bullying
Take all reports of cyber-bullying seriously (even apparent jokes) and investigate thoroughly
Pursue discipline, if appropriate, after considering nexus and First Amendment issues Scenario #7 Question A) How should the school respond? Resources: Using the Web with Students in DPS DPS Student Code of Conduct
DPS Acceptable Use Policy 3040 and 5150
The U.S. Constitution
Children's Internet Protection Act (CIPA)
Children's Online Privacy Protection Act (COPPA) Yes, the student violated the DPS Student Code of Conduct and the punishment was within the realm of the offense.
Student Code of Conduct- II-12 Computer Misuse- "...his/her access privileges will be revoked and other disciplinary measures may result". Yes...and no, an Internet filter is in place, but it is not reasonable to expect that every conceivable search can be blocked.
CIPA- Schools...must (make every reasonable attempt to) block or filter Internet access to obscene, harmful, or pornographic pictures.
DPS Acceptable Use Policy 3040- Ultimate responsibility for a student's actions in using the technological resources rests with the student. Yes, by requiring her students to sign up for Gmail, the teacher was requiring her students to violate Gmail’s terms of service and COPPA (COPPA requires Web service operators to receive "verifiable parental consent" before collecting any personal information from children twelve or under).
The accounts need to be deleted and the teacher needs to find a similar service that complies with COPPA. Commonsensemedia.org
Cybersmart.org
Cybersmart Australia- http://www.cybersmart.gov.au/ Adapted from
"Student Misuses of Technology:
Practical and Legal Issues
for School Administrators"
Neal Ramee
Tharrington Smith, L.L.P. Full PowerPoint
Student Misuses of Technology: Practical and Legal Issues
for School Administrators

Neal Ramee
Tharrington Smith, L.L.P.
209 Fayetteville Street
P.O. Box 1151
Raleigh, NC 27602
(919) 821-4711
(919) 829-1583 (fax) Give feedback- http://tinyurl.com/77nn2bh Information & Technology Essential Standards- Safety and Ethical Use
Full transcript