2013 casbo annual conference & school business expo digital citizenship, discipline &...

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2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been prepared by the CASBO Accounting Professional Council (or CASBO Associate Member). They have not been reviewed by State CASBO for approval, so therefore are not an official statement of CASBO.

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Page 1: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

DIGITAL CITIZENSHIP,DISCIPLINE & EMPLOYEES

APRIL 3-6, 2013, LONG BEACH, CA

These materials have been prepared by the CASBO Accounting Professional Council (or CASBO Associate Member). They have not been reviewed by State CASBO for approval, so therefore are not an official statement of CASBO.

Page 2: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

CYBER CITIZENSHIP: PREVENTING POLICY

PITFALLSApril 3-6, 2013

Namita BrownKelly Minnehan

“These materials have been prepared for the CASBO Accounting Professional Council. They have not been reviewed by State CASBO for approval, so therefore are not an official statement of CASBO.”

Page 3: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

The Fast-Paced Information Age

Page 4: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

21st Century Policies

Where possible, embed the use of technology into existing policies.

Page 5: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

The Policy Lens

Page 6: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Today’s Key Topics

• Shaping responsible use policies

• Right to privacy

• Bullying/Sexting

• Search and seizure

Page 7: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Policies & Practices• Engage in a review of policies and

practices– Filter bypass– Off-campus speech– Cyberthreats– Sexting– Cell phones & imaging devices– Extracurricular activities– Digital Reporting Source: Education Week Webinar, 2012

Page 8: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Policies & Practices• Set Context/Provide Rationale.• Include a monitoring alert.• Include expectations for reporting

bullying/online behavior.• Consequences for violating policies.• Complainant signature and date should be

required.• Add expectations of employees to policies, to

avoid bargaining implications.

Page 9: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Integrated & Inclusive Approach

• Provide professional development, integrate into instruction

• Provide parent outreach

• Provide community outreach

• Students

Page 10: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Responsible Use PoliciesAn Responsible Use Policy (RUP) should be unique and

tailored to your district’s technology resources and educational philosophies.

But an RUP should include at least the following:• Introduction and overview • Usage policies• Responsible uses • Unacceptable uses

– cyber bullying– sexting – use of the school’s resources for irresponsible behavior

Page 11: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

First and Fourth Amendments

Page 12: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Right to Privacy

District's regulation of employee and

student use of technology

VS.

Page 13: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

District Authority• Districts have broad

authority to regulate appropriate use of district-issued or licensed technology on or off campus

• Districts have broad authority to regulate appropriate use of student personal electronic devices on campus

• Districts have limited authority to govern student use of personal technology off campus, unless such use causes, or may cause, a substantial disruption on campus

Page 14: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Substantial Disruption

What constitutes substantial disruption?

Page 15: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

School-Issued Technology

• What is “school-issued technology?”Examples: – Laptops– Email Accounts – iPads– Online Access

Page 16: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

School-Issued Technology• Use of school-issued technology that violate

school policy may include:– Access to impermissible websites– Hacking– Stolen passwords– Bullying– Sexual harassment– Threats

Page 17: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

School-Issued Technology

• What is a school districts authority to search school-issued technology:– For staff?– For students?

Page 18: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

School-Issued Technology• What if a teacher is on their

prep period, lunch break, or returns to the classroom in the evening to use a school-issued laptop?

• When could a teacher be disciplined for cyber-misconduct on school issued technology?

Page 19: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Monitoring and Supervising Online Behavior

• Free Speech Protection

Page 20: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Search & Seizure

• What constitutes justified at inception? – Reasonable grounds exist for suspecting

that the search will turn up evidence that student has violated a school rule

• What is reasonable in scope?– Extent of search actually conducted must

be reasonably related to the objective of the search and not excessively intrusive

Page 21: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Search and SeizurePolicy/Regulations Pointers:

– Add these messages to your annual AB 1825 training.– Add these messages to annual site administration

training/investigation.– Add these messages to Curriculum Council, Employee

and Parent Advisory Group meetings.– School district policies should not promise return of a

student’s confiscated device at the end of class or day, because confiscated devices may contain evidence of a crime and must be turned over to the police.

Page 22: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

“Sexting” – What is it?

• Definition: When a nude or partially nude and/or sexually explicit image or sexually explicit text message is sent via electronic device.

Page 23: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

What Would You Do?

• What should a school district do if:– The search of an employee’s district cell phone reveals

evidence of sexting (or pornography)?– The search & seizure of a student’s cell phone

reveals evidence of sexting? – A member of the public contacts the district regarding

an employee’s online conduct? (I.e., Insulting

students? Insulting the school? Soliciting sex?)

Page 24: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Bullying“Bullying” (of students) means:- any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including [sexual harassment, hate violence, harassment, threats, or intimidation], - directed toward one or more pupils …

Page 25: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Bullying- that has or can reasonably predicted to have one or

more of the following effects on a reasonable pupil:1. Fear of harm to one’s person or property2. Substantial detrimental effect on one’s physical or

mental health3. Substantial interference with one’s academic

performance4. Substantial interference with one’s ability to

participate in or benefit from services, activities or privileges

Education Code § 48900(r) (amended Sept. 2012)

Page 26: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Recent Laws and Requirements to Respond to Bullying

AB 746 (2011)

AB 9 (2011)

AB 1156 (2011)

• Require school districts to adopt policies to address bullying and cyberbullying

Page 27: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Response to Bullying & New Requirements

• Policy must prohibit discrimination, harassment, intimidation, and bullying based on actual or perceived characteristics

• Policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school

• Policy must be publicized and posted

Page 28: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Response to Bullying & New Requirements

• Requirement that school personnel who witness bullying take immediate steps and to intervene when safe to do so

• Timeline to investigate and resolve complaints

• Appeal process for complainant

• All forms must be translated

Page 29: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Response to Bullying & New Requirements

• School must maintain documentation of complaints and their resolution for a minimum of one review cycle

• School must ensure that complainants are protected from retaliation

• Identity of complainant must remain confidential, as appropriate

Page 30: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Response to Bullying & New Requirements

• Encourages the inclusion of policies & procedures aimed at prevention of bullying in comprehensive school safety plans

• Requires that a student who has been a victim of bullying by another student in his/her district of residence to be given priority for inter-district attendance at the request of parent or guardian

• Recommends that school districts conduct in-services as a means to promote cyber safety among students

Page 31: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

F3 Bullying / Cyberbullying Investigation Overview

1. Report 7. Transfer

2. Timeline 8. Document

3. Point Person 9. Conclude

4. Investigator 10. Follow Up

5. Evaluation/ 11. Appeal Process

Investigation

6. Response

Page 32: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

F3 Resources / Flow Chart

Responding to Cyberbullying: Guidelines for Administrators

Page 33: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Bullying?

• If misconduct at issue does not meet the definition of bullying, it may be grounds for discipline as sexual harassment under the Education Code.

• District should also consider alternative means of intervention, i.e. counseling.

Page 34: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

And while we’re online…

Page 35: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Release of Records• The Public Records Act requires that “public

records” be made available to the public. (Gov. Code § 6253.)

• Public records include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

Page 36: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Question . . . • Should you release all of the Board

secretary’s email? Must you?• Should/must you redact any of the email?• What about the “confidential” email?• What about email in the “trash” folder?• How hard do you have to look for responsive

records within the system (i.e. “trash,” deleted files, metadata)?

Page 37: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Records• Must provide copies or ability to review.

• To press or public.

• May redact certain private/confidential personal and student information.

• CPRA can be enforced by legal action.

Page 38: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Involve, Engage and Empower

• Teachers

• Students

• Parents

Page 39: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

Did you know?

• According to U.S. News and World Report, a recent survey of admissions officers at 359 colleges and universities revealed that 24 percent of respondents reported using Facebook or other social networking pages to research an applicant.

Page 40: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

California's 21st Century Technology Task Force

• On(the)Line

• Rights

• Reputation

• Responsibility

Page 41: 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO DIGITAL CITIZENSHIP, DISCIPLINE & EMPLOYEES APRIL 3-6, 2013, LONG BEACH, CA These materials have been

2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO

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