edtechlaw-teachers

=**School Law and Technology**=


 * Teachers, Law, and Technology**


 * __Very General Speech Guidelines (subject to change)__**
 * Teachers' speech can be more scrutinized than students.
 * [|Inappropriate internet use has led to teachers' dismissal.]
 * Two-Step Process (//Pickering//)
 * (1) Matter of public concern
 * (2) Interests of the teacher must be balanced against the interests of the state as employer in rendering a public service through its employees - Pickering Balance
 * **Pickering Balance**
 * 1. Need for Harmony in the Workplace
 * 2. Need for a Close Working Relationship Between Speaker and Superiors and if speech undermines the relationship
 * 3. Whether speech impedes employees ability to conduct daily responsibilities
 * 4. Time, place, and manner of speech
 * 5. Context in which the disput arises.
 * 6. Degree of public interest in the speech
 * 7. Whether the matter was one on which debate would be vital to informed decision making
 * Teachers are responsible for their own speech but could be held liable for students' speech on blogs, wikis, and email.
 * Teachers could be held responsible for students' technology use.


 * __Very General Search Guidelines (subject to change)__**
 * Courts are finding searches of computers, even personal laptops brought into work, acceptable.
 * Acceptable Use Policies should set expectation of privacy.
 * Teachers should be educated about Student Internet Safety to reduce liability.

1. Monitor appropriately 2. Notify staff of monitoring intent - put them on notice (Acceptable Use Policy) 3. Seek lawful access to suspected postings. 4. Obtain hard copies of electronic media if possible 5. Determine whether postings are legally protected 6. Expect consistent enforcement 7. Investigate issues promptly 8. Ensure employee and student safety (harassment)
 * Tips for Administrators** (adapted from __Abuse in Cyberspace__, American Association of School Administrators)

__**Resources** [|Student Press Law Center (SPLC) - The Digital Divide (Technology and Student's Right to Free Speech)]__ [|Cyberlaw in the New Millennium - SPLC] [|SPLC CyberGuide (Guide to Online Student Publications)]

[|Email Retention and Evidence]

//[|The Laws of Social Networking: A Primer]//

[|Social Networking Legal Issues (from NSBA)]

[|Abuse in Cyberspace] (American Association of School Administrators, __School Administrator__, May 2006) [|Blogging for Columbine (National School Boards Association)]

__**Cases in Involving Teachers**__ http://www.local6.com/education/10838194/detail.html

http://www.pbs.org/teachers/learning.now/2006/10/is_myspace_your_space_as_well.html

http://www.eschoolnews.com/news/top-news/index.cfm?i=55535
 * Social Networking Involving Teachers and Students**

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