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Technology records and due process

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  • Reggie Ryan
    Does anyone have any information regarding the usage of teacher and/or student electronic documents in terms of due process? I am trying to see if technolgy is
    Message 1 of 7 , Jun 5, 2006
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      Does anyone have any information regarding the usage of teacher and/or
      student electronic documents in terms of due process? I am trying to see if
      technolgy is covered under due process for students and teachers in legal
      proceedings, and how schools possible collect such information.

      Thanks,

      Reggie Ryan


      [Non-text portions of this message have been removed]
    • Nancy Willard
      It is my opinion (not giving legal advice) that a search of student or staff computer records can be accomplished under the same legal standards that cover
      Message 2 of 7 , Jun 5, 2006
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        It is my opinion (not giving legal advice) that a search of student or staff
        computer records can be accomplished under the same legal standards that
        cover locker searches. Schools have a right to engage in routine monitoring
        at all times. An individualized search may occur if there is a reasonable
        suspicion that the student or staff member has broken the law or a district
        policy.

        But schools should have an established process for determining who can
        authorize and conduct individualized searches and retention of records. Most
        schools do not have effective policies/procedures in this area. IMHO.

        Nancy


        > Does anyone have any information regarding the usage of teacher and/or
        > student electronic documents in terms of due process? I am trying to see if
        > technolgy is covered under due process for students and teachers in legal
        > proceedings, and how schools possible collect such information.
        >
        > Thanks,
        >
        > Reggie Ryan
        >
        >
        > [Non-text portions of this message have been removed]
        >
        >
        >
        >
        > WWWEDU, The Web and Education Discussion Group
        > http://groups.yahoo.com/group/wwwedu
        > http://www.edwebproject.org/wwwedu.html
        >
        > Yahoo! Groups Links
        >
        >
        >
        >
        >
        >

        --
        Nancy Willard, M.S., J.D.
        Center for Safe and Responsible Internet Use
        http://csriu.org
        http://cyberbully.org
        nwillard@...

        Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
        Cruelty, Threats, and Distress, a resource for educators, is now available
        online at http://cyberbully.org
      • Robert D. Sharp
        AFAIK, on my district s computers we have no rights. When we sign the district AUP, we agree that they can monitor and fully expect them to monitor our email
        Message 3 of 7 , Jun 5, 2006
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          AFAIK, on my district's computers we have no rights.

          When we sign the district AUP, we agree that they can monitor and
          fully expect them to monitor our email and web usage. We have
          filters in place, etc.

          Due process?

          Such as, warning you that you might be monitored? We are told we
          will be.

          Read our email? We are told it will be.

          A fellow teacher was removed from her classroom and dismissed because
          of what she reportedly said via chat and email. I actually think it
          was more but that is what was released.

          BTW, the chat protocol's are now chocked down to less than 1 mb/sec
          and the speed decreases rapidly the more the port is open.

          We have a piece of equipment (no I have not seen it) that monitors
          bandwidth usage and ports being accessed on the network. Within a
          second, (and any second during the day) they can tell you what
          protocol is being accessed by whom (not necessarily live). If they
          perceive that they may have a "problem" they have desktop monitoring
          software that allows them to log into your computer and watch what
          you are doing. As in watch your monitor and any active (inactive)
          application you have going.

          Bob


          On Jun 5, 2006, at 6:46 AM, Reggie Ryan wrote:

          > Does anyone have any information regarding the usage of teacher and/or
          > student electronic documents in terms of due process? I am trying
          > to see if
          > technolgy is covered under due process for students and teachers in
          > legal
          > proceedings, and how schools possible collect such information.
          >
          > Thanks,
          >
          > Reggie Ryan
          >
          >
          > [Non-text portions of this message have been removed]
          >
          >
          >
          > WWWEDU, The Web and Education Discussion Group
          > http://groups.yahoo.com/group/wwwedu
          > http://www.edwebproject.org/wwwedu.html
          >
          >
          >
          >
          > SPONSORED LINKS
          > Secondary school education Graduate school education Home school
          > education
          > High school education Middle school education School education in
          > california
          >
          > YAHOO! GROUPS LINKS
          >
          > Visit your group "wwwedu" on the web.
          >
          > To unsubscribe from this group, send an email to:
          > wwwedu-unsubscribe@yahoogroups.com
          >
          > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
          >
          >

          --
          It has been said before but warrants repeating, "If you think
          education is expensive, try ignorance."

          Bob Sharp
          6th Grade Science Teacher
          Past Middle School Representative to the NCCE Board
          Recipient of The First Annual Learning Space Achievement Awards for
          Members




          [Non-text portions of this message have been removed]
        • Reggie Ryan
          Sorry for the slow reply, thank you both Nancy and Robert for the information. My district as well has an AUP that covers pretty much similar situations.
          Message 4 of 7 , Jun 8, 2006
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            Sorry for the slow reply, thank you both Nancy and Robert for the
            information. My district as well has an AUP that covers pretty much similar
            situations. However I'm also looking into the official legal implications,
            and am also interested in recent concerns/implication in terms of
            'off-site'/off-school content such as MySpace and similar venues for
            students/teachers. I'm not sure or am unclear if due process includes these
            type of sites.

            Reggie Ryan

            On 6/5/06, Robert D. Sharp <RobertDS1@...> wrote:
            >
            > AFAIK, on my district's computers we have no rights.
            >
            > When we sign the district AUP, we agree that they can monitor and
            > fully expect them to monitor our email and web usage. We have
            > filters in place, etc.
            >
            > Due process?
            >
            > Such as, warning you that you might be monitored? We are told we
            > will be.
            >
            > Read our email? We are told it will be.
            >
            > A fellow teacher was removed from her classroom and dismissed because
            > of what she reportedly said via chat and email. I actually think it
            > was more but that is what was released.
            >
            > BTW, the chat protocol's are now chocked down to less than 1 mb/sec
            > and the speed decreases rapidly the more the port is open.
            >
            > We have a piece of equipment (no I have not seen it) that monitors
            > bandwidth usage and ports being accessed on the network. Within a
            > second, (and any second during the day) they can tell you what
            > protocol is being accessed by whom (not necessarily live). If they
            > perceive that they may have a "problem" they have desktop monitoring
            > software that allows them to log into your computer and watch what
            > you are doing. As in watch your monitor and any active (inactive)
            > application you have going.
            >
            > Bob
            >
            >
            > On Jun 5, 2006, at 6:46 AM, Reggie Ryan wrote:
            >
            > > Does anyone have any information regarding the usage of teacher and/or
            > > student electronic documents in terms of due process? I am trying
            > > to see if
            > > technolgy is covered under due process for students and teachers in
            > > legal
            > > proceedings, and how schools possible collect such information.
            > >
            > > Thanks,
            > >
            > > Reggie Ryan
            > >
            > >
            > > [Non-text portions of this message have been removed]
            > >
            > >
            > >
            > > WWWEDU, The Web and Education Discussion Group
            > > http://groups.yahoo.com/group/wwwedu
            > > http://www.edwebproject.org/wwwedu.html
            > >
            > >
            > >
            > >
            > > SPONSORED LINKS
            > > Secondary school education Graduate school education Home
            > school
            > > education
            > > High school education Middle school education School education in
            > > california
            > >
            > > YAHOO! GROUPS LINKS
            > >
            > > Visit your group "wwwedu" on the web.
            > >
            > > To unsubscribe from this group, send an email to:
            > > wwwedu-unsubscribe@yahoogroups.com
            > >
            > > Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
            > >
            > >
            >
            > --
            > It has been said before but warrants repeating, "If you think
            > education is expensive, try ignorance."
            >
            > Bob Sharp
            > 6th Grade Science Teacher
            > Past Middle School Representative to the NCCE Board
            > Recipient of The First Annual Learning Space Achievement Awards for
            > Members
            >
            >
            >
            >
            > [Non-text portions of this message have been removed]
            >
            >
            >
            >
            >
            >
            >
            > WWWEDU, The Web and Education Discussion Group
            > http://groups.yahoo.com/group/wwwedu
            > http://www.edwebproject.org/wwwedu.html
            >
            > Yahoo! Groups Links
            >
            >
            >
            >
            >
            >
            >
            >


            [Non-text portions of this message have been removed]
          • Nancy Willard
            ... Reggie, Due process means a process to resolve disciplinary issues ‹ a process that requires notice and opportunity to be heard. Are you asking about
            Message 5 of 7 , Jun 8, 2006
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              > Sorry for the slow reply, thank you both Nancy and Robert for the
              > information. My district as well has an AUP that covers pretty much similar
              > situations. However I'm also looking into the official legal implications,
              > and am also interested in recent concerns/implication in terms of
              > 'off-site'/off-school content such as MySpace and similar venues for
              > students/teachers. I'm not sure or am unclear if due process includes these
              > type of sites.
              >
              > Reggie Ryan

              Reggie,

              Due process means a process to resolve disciplinary issues ‹ a process that
              requires notice and opportunity to be heard.

              Are you asking about this, or the ability of schools to monitor and inspect
              the Internet use activities of teachers and students while using the
              district Internet system, or the standards governing when schools can
              respond with formal discipline to postings made off-campus by students or
              teachers on places such as MySpace? These are three separate legal issues.

              Nancy
              --
              Nancy Willard, M.S., J.D.
              Center for Safe and Responsible Internet Use
              http://csriu.org
              http://cyberbully.org
              nwillard@...

              Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
              Cruelty, Threats, and Distress, a resource for educators, is now available
              online at http://cyberbully.org




              [Non-text portions of this message have been removed]
            • Reggie Ryan
              While our district s ability to process disciplinary action according to technology abuse or actions in district by students/staff is fairly clear, I m more
              Message 6 of 7 , Jun 11, 2006
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                While our district's ability to process disciplinary action according to
                technology 'abuse' or actions in district by students/staff is fairly clear,
                I'm more interested in standards or the legality of schools responding to
                postings made off-campus on MySpace/FaceBook type sites. Our district's
                purview or scope of responsibility has come up recently, and we don't have a
                formal process to resolve these situations.

                Thanks,

                Reggie

                On 6/8/06, Nancy Willard <nwillard@...> wrote:
                >
                > > Sorry for the slow reply, thank you both Nancy and Robert for the
                > > information. My district as well has an AUP that covers pretty much
                > similar
                > > situations. However I'm also looking into the official legal
                > implications,
                > > and am also interested in recent concerns/implication in terms of
                > > 'off-site'/off-school content such as MySpace and similar venues for
                > > students/teachers. I'm not sure or am unclear if due process includes
                > these
                > > type of sites.
                > >
                > > Reggie Ryan
                >
                > Reggie,
                >
                > Due process means a process to resolve disciplinary issues � a process
                > that
                > requires notice and opportunity to be heard.
                >
                > Are you asking about this, or the ability of schools to monitor and
                > inspect
                > the Internet use activities of teachers and students while using the
                > district Internet system, or the standards governing when schools can
                > respond with formal discipline to postings made off-campus by students or
                > teachers on places such as MySpace? These are three separate legal issues.
                >
                > Nancy
                > --
                > Nancy Willard, M.S., J.D.
                > Center for Safe and Responsible Internet Use
                > http://csriu.org
                > http://cyberbully.org
                > nwillard@...
                >
                > Cyberbullying and Cyberthreats: Responding to the Challenge of Online
                > Social
                > Cruelty, Threats, and Distress, a resource for educators, is now available
                > online at http://cyberbully.org
                >
                >
                >
                >
                > [Non-text portions of this message have been removed]
                >
                >
                >
                >
                >
                >
                > WWWEDU, The Web and Education Discussion Group
                > http://groups.yahoo.com/group/wwwedu
                > http://www.edwebproject.org/wwwedu.html
                >
                > Yahoo! Groups Links
                >
                >
                >
                >
                >
                >
                >


                [Non-text portions of this message have been removed]
              • Nancy Willard
                Well, the first thing I suggest to your district, and for everyone else on this list, is to purchase my book -- information below. Because not only does it
                Message 7 of 7 , Jun 11, 2006
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                  Well, the first thing I suggest to your district, and for everyone else on
                  this list, is to purchase my book -- information below. Because not only
                  does it have a chapter that fully covers the legal issues involved, it also
                  has a chapter on the process of conducting a review of this material and
                  another chapter with recommendations for a wide range of intervention
                  options. ;-)

                  I agree with your school's assessment that you need a formal process to
                  address these concerns. They are significant. Further, by next fall, you
                  will need a process in place to also address the concerns that will emerge
                  when the students who have spent their entire summer totally connected on
                  these sites will come back to school -- addicted to this level of
                  connection. They will likely be driven to find all ways possible to continue
                  this level of online activity, including bypassing the Internet filter and
                  using cell phones and pdas.

                  I may be working with a national organization to get some information out to
                  districts on how to handle this anticipated situation. More news, hopefully,
                  in the near future.

                  The short answer to your question is that schools may only intervene in
                  instances of off-campus speech if there is a substantial disruption or
                  threat of substantial disruption at school or impacting a student's right to
                  participate in school. The substantial disruption at school issue has been
                  litigated. But there have been no reported cases involving substantial
                  interference with the right of a student to participate in school.

                  But this standard applies to formal discipline. There are lots of other
                  things a school official can and should do -- even if he or she can apply
                  formal discipline. This includes communicating with the parent of the
                  cyberbully, assisting the target, and getting the harmful material removed.

                  Nancy


                  > While our district's ability to process disciplinary action according to
                  > technology 'abuse' or actions in district by students/staff is fairly clear,
                  > I'm more interested in standards or the legality of schools responding to
                  > postings made off-campus on MySpace/FaceBook type sites. Our district's
                  > purview or scope of responsibility has come up recently, and we don't have a
                  > formal process to resolve these situations.
                  >
                  > Thanks,
                  >
                  > Reggie

                  --
                  Nancy Willard, M.S., J.D.
                  Center for Safe and Responsible Internet Use
                  http://csriu.org
                  http://cyberbully.org
                  nwillard@...

                  Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
                  Cruelty, Threats, and Distress, a resource for educators, is now available
                  online at http://cyberbully.org
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