Elementary School Law Update

Kelley Baker &Kelley Baker &Karen Haase

Harding & ShultzHarding & Shultz (402) 434-3000

kbaker@hslegalfirm comkbaker@hslegalfirm.com khaase@hslegalfirm.com

H & S School Law

CyberbullyingCyberbullying

J.C. v. Beverly Hills Unif. Sch. Dist. (Cal.)

8th grade girls talking smack about a l d d t Y T bpeer; uploaded to YouTube

Principal suspended student who p puploaded

Court: no disruption to school noCourt: no disruption to school, no nexus to education, no basis for punishmentpunishment

Other ExamplespSeattle, WA.: Students who “liked”

Facebook page bullying a classmate all suspendedp

Memphis TN: Honors student suspended for 180 days forsuspended for 180 days for commenting on a friend’s status

School-Related Consequences

Neb. Rev. Stat. 79-2,137 Definition: “ongoing pattern of Definition: ongoing pattern of

physical, verbal or electronic abuse” Consequences: Consequences:

─ Loss of extracurricular privileges D t ti─ Detentions

─Short and Long Term SuspensionE l i─Expulsion

─Alternative School Assignment

Finkel v. Facebook (N.Y.)High school students created private

Facebook page about classmate• Called her a “slut”Called her a slut• Said she had AIDs

S id h d d• Said she used drugsShe sued Facebook and kids who

created pageF b k di i d f l itFacebook dismissed from lawsuit;

students initially left in the case

D.C. v. R.S. (Cal. 2010)High school student posted on victim’s

website• I want to rip out your f-ing heart andI want to rip out your f ing heart and

feed it to you. I' t d t kill• I've wanted to kill you.

• If I ever see you I'm going to pound y g g pyour head in with an ice pick.

Family sued; defendant said just a joke Family sued; defendant said just a joke Litigation allowed to continue

Fulmer v. Swidler (Pa. 2003)Middle school student created Teacher

Sux” websiteSux website• Compared math teacher to Hitler• Had picture of her decapitated • Asked for contributions toward hitAsked for contributions toward hit

man Teacher sued Jury awarded $500,000 Jury awarded $500,000 Similar suit by principal settled

Criminal Consequences (State Law)

Neb. Rev. Stat. 28-311.01 Terroristic Threats: “threatens to

commit any crime of violence …• With the intent to terrorize anotherWith the intent to terrorize another • In reckless disregard of the risk of

causing such terrorcausing such terror Class IV Felony punishable by:

• Up to 5 years in prison and/or• Up to 5 years in prison and/or• $10,000 fine

In re Minor Child (Ala.)High school students arrested at

school for threatening classmate on MySpacey p• Threatened to beat him up• Said they would plant a bomb in his• Said they would plant a bomb in his

locker• Said he deserved to die

Charged with making terroristicCharged with making terroristic threats

State v. Murphy (NE)Girl’s family disliked defendantO M S h tOn MySpace he wrote:

• He was going to "beat the hell out of a g glot of people"

• He would be "killing a lot of people “• He would be killing a lot of people.• Told girlfriend’s sister he didn’t “want

d killi h h kid ”to end up killing her or her kid.”Charged with making terroristicCharged with making terroristic

threats

What can staff do? Keep “Responding and Reporting”

separate in your mind Focus on Small Stuff Focus on Small Stuff Talk to kids about tech T lk t kid b t i Talk to kids about managing anger Start with elementary kidsy Communicate to kids that you care

about this issueabout this issue Enlist kids

Helping Kids Deal; Tell them to:

►Stop. Don’t respond to the bully.

►Block. Block the cyberbully or limit all communications to those you can trustcommunications to those you can trust.

►Tell. Tell a trusted adult.

If you discover cyberbullyingDo not close your eyesR t t d i i t tiReport to administration asapDocument everythingocu e t eve yt g

Does the Victim Need Interventions?

InterventionsS i i i i• Social skill training

• Hygiene training with, sped yg g , pteacher, counselor or other staff

• Peer mentor• Peer mentor Be ready for a 504 or SpEd

request

Search and Seizure

What is a “search?”

Any governmental conduct that intrudesAny governmental conduct that intrudes into protected privacy interests, including looking into places not out in the open orlooking into places not out in the open or otherwise exposed to public view — it i l d ki li i iincludes peeking, poling or prying into non-transparent containers such as lockers, desks, purses, backpacks, folders, books and articles of clothingg

Examples of a “Search”

Touching or patting down a student’s Touching or patting down a student s body or clothing

Opening and inspecting personalOpening and inspecting personal possessions

H dli f li l d iHandling or feeling any closed item to determine its contents

Reading journals or student notes Reading text messages, e-mails, etc g g , ,

from a cell phone, iPod, iPad or laptop

Examples of “No Search”

Observing an object in plain viewObserving an object in plain view where it is exposed to the public

Examining an object after a student Examining an object after a student denies ownership of the object

E i i bj b d d b h Examining an object abandoned by the student

Examining an object after the student gives you permissiong y p

Lessons fromN J T L ONew Jersey v. T.L.O.

St d d i bl i i Standard is reasonable suspicion Does not require absolute certainty Choplick’s suspicion was the sort of

“common sense conclusion about human behavior” which “practical people,” including government officials,people, including government officials, are entitled to rely upon.

Determining Reasonablenesse e g e so b e ess

I d f h t b bl In order for a search to be reasonable, a school official must satisfy two separate inquiries:• Was the search justified at its j

inception?• Was the scope of the searchWas the scope of the search

appropriate?

Search and Seizure of T h lTechnology

Klump v. Nazareth Area School District Robbins v Lower Merion Sch Dist Robbins v. Lower Merion Sch. Dist. In Re Michael R.

Working with PTOsWorking with PTOs

• Define your relationshipEncourage separation–Encourage separation–Incorporation–Principal is not an officer

• Name district as additional insuredName district as additional insured• Require PTO have own bank

t ith t thaccount – without you on the account

Working with PTOsWorking with PTOs

• When there is trouble:Call the cops–Call the cops–Direct inquiries to PTO officers

A i t PTO i t b t d t–Assist PTO as appropriate, but do not take charge–Offer other professionals only as

resources –Keep the board informed

Dealing with Complaintsg p

R d th b d’ Read the board’s compliant policy.

If you don’t like it, talk to superintendent and boardsuperintendent and board about changing it.

i Follow it exactly. Give a copy to angry py g y

parent.