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Re: [WWWEDU] Emergence of Citizen's Media

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  • John Lindner
    ... In some areas, this could result in the suspension of the students involved. In California, the Education Code says: 48901.5. (a) The governing board of
    Message 1 of 8 , Dec 3, 2006
      At 01:29 PM 11/22/2006 -0800, Nancy Willard wrote:
      >...So the students cooked up a scheme. They were going to use one student¹s
      >video cell phone to capture images of this teacher doing what they did not
      >like her doing. They never actually pulled this off. But it was interesting
      >to me how 6th grade students understood the power of the technology to
      >address such concerns.

      In some areas, this could result in the suspension of the students involved.

      In California, the Education Code says:

      48901.5. (a) The governing board of each school district, or its
      designee, may regulate the possession or use of any electronic
      signaling device that operates through the transmission or receipt of
      radio waves, including, but not limited to, paging and signaling
      equipment, by pupils of the school district while the pupils are on
      campus, while attending school-sponsored activities, or while under
      the supervision and control of school district employees.

      and

      51512. The Legislature finds that the use by any person, including
      a pupil, of any electronic listening or recording device in any
      classroom of the elementary and secondary schools without the prior
      consent of the teacher and the principal of the school given to
      promote an educational purpose disrupts and impairs the teaching
      process and discipline in the elementary and secondary schools, and
      such use is prohibited. Any person, other than a pupil, who
      willfully violates this section shall be guilty of a misdemeanor.
      Any pupil violating this section shall be subject to appropriate
      disciplinary action.
      This section shall not be construed as affecting the powers,
      rights, and liabilities arising from the use of electronic listening
      or recording devices as provided for by any other provision of law.

      FYI.

      John Lindner
      Second/Third Grade Teacher
      San Jose, California
      jlindner@...
    • Nancy Willard
      Interesting provision. Could set up a very interesting situation. If students believe a teacher to be abusive and the school unresponsive to such abuse and the
      Message 2 of 8 , Dec 4, 2006
        Interesting provision. Could set up a very interesting situation. If
        students believe a teacher to be abusive and the school unresponsive to such
        abuse and the students seek to obtain video evidence of such abuse for the
        purpose of getting the school to stop the abuse, how can this be considered
        ³disrupting and impairing the teaching process and discipline?²

        So let¹s consider another example. A coach regularly interacts with female
        students in a highly inappropriate sexual manner. Should a student be
        suspended for capturing an incident of this nature on her cell phone video
        camera?

        Perhaps we should consider a law that makes it a misdemeanor for any citizen
        to capture video evidence of a law enforcement official engaging in a
        violent act because this ³disrupts law and order.²

        The other interesting thing is that I am currently trying to address the
        ramifications of a federal court decision in Pennsylvania that indicated
        that it was a potential violation of the state wiretapping law for the
        principal to review the stored electronic records on a student¹s cell phone.
        It that particular case it was pretty clear that the school officials did
        not have sufficient reasonable suspicion to conduct such a search.

        I would be interested in any other examples of legislation addressing
        personal digital devices in schools. One of my current challenges is sorting
        this out.

        Nancy

        >
        > At 01:29 PM 11/22/2006 -0800, Nancy Willard wrote:
        >> >...So the students cooked up a scheme. They were going to use one student¹s
        >> >video cell phone to capture images of this teacher doing what they did not
        >> >like her doing. They never actually pulled this off. But it was interesting
        >> >to me how 6th grade students understood the power of the technology to
        >> >address such concerns.
        >
        > In some areas, this could result in the suspension of the students involved.
        >
        > In California, the Education Code says:
        >
        > 48901.5. (a) The governing board of each school district, or its
        > designee, may regulate the possession or use of any electronic
        > signaling device that operates through the transmission or receipt of
        > radio waves, including, but not limited to, paging and signaling
        > equipment, by pupils of the school district while the pupils are on
        > campus, while attending school-sponsored activities, or while under
        > the supervision and control of school district employees.
        >
        > and
        >
        > 51512. The Legislature finds that the use by any person, including
        > a pupil, of any electronic listening or recording device in any
        > classroom of the elementary and secondary schools without the prior
        > consent of the teacher and the principal of the school given to
        > promote an educational purpose disrupts and impairs the teaching
        > process and discipline in the elementary and secondary schools, and
        > such use is prohibited. Any person, other than a pupil, who
        > willfully violates this section shall be guilty of a misdemeanor.
        > Any pupil violating this section shall be subject to appropriate
        > disciplinary action.
        > This section shall not be construed as affecting the powers,
        > rights, and liabilities arising from the use of electronic listening
        > or recording devices as provided for by any other provision of law.
        >
        > FYI.
        >
        > John Lindner
        > Second/Third Grade Teacher
        > San Jose, California
        > jlindner@... <mailto:jlindner%40davisschool.org>


        --
        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

        Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Use the Internet
        Safely and Responsibly. Jossey-Bass (forthcoming)




        [Non-text portions of this message have been removed]
      • Andy Carvin
        ... to such ... for the ... considered ... I ve already found one incident where this hypothesis was put to the test. In 1999, a pair of students at an LA high
        Message 3 of 8 , Dec 5, 2006
          --- In wwwedu@yahoogroups.com, Nancy Willard <nwillard@...> wrote:
          >
          > Interesting provision. Could set up a very interesting situation. If
          > students believe a teacher to be abusive and the school unresponsive
          to such
          > abuse and the students seek to obtain video evidence of such abuse
          for the
          > purpose of getting the school to stop the abuse, how can this be
          considered
          > ³disrupting and impairing the teaching process and discipline?²


          I've already found one incident where this hypothesis was put to the
          test. In 1999, a pair of students at an LA high school felt that their
          teacher was acting inappropriately, but they didn't have any proof. So
          they secretly videotaped the teacher in question, then supplied the
          video to the school board. The board began disciplinary proceedings
          against the teacher, but also suspended the students. The teacher took
          the board to court, saying the CA Education Code bars students from
          secretly recording in the classroom. The appellate court ruled that
          while this was true, it didn't bar the school board from using that
          video to discipline the teacher. So as far as they were concerned,
          students' videos could be used to remedy an injustice, but the
          students should be prepared to face the consequences of breaking the
          rules, even if their intentions are good.

          http://caselaw.findlaw.com/data2/californiastatecases/b133074.doc

          I've written about the case, as well as WWWEDU thread that started it,
          this morning on my PBS blog.

          The Student Becomes the Spy Master
          A video of a recent tasering incident by a police officer against a
          college student gets posted on YouTube and creates a public outcry.
          With more and more students having access to camera phones, how do you
          balance maintaining discipline with documenting injustices on campus?

          http://www.pbs.org/learningnow

          permalink:
          http://www.pbs.org/teachersource/learning.now/2006/12/the_student_becomes_the_spy_ma.html

          andy carvin
          andycarvin@...
        • Nancy Willard
          ... Fascinating, cyber-civil disobedience. Why is my ³grew up in the 60¹s have a small child adopted from India who shares Gandhi¹s birthday² heart
          Message 4 of 8 , Dec 5, 2006
            >
            > I've already found one incident where this hypothesis was put to the
            > test. In 1999, a pair of students at an LA high school felt that their
            > teacher was acting inappropriately, but they didn't have any proof. So
            > they secretly videotaped the teacher in question, then supplied the
            > video to the school board. The board began disciplinary proceedings

            Fascinating, cyber-civil disobedience. Why is my ³grew up in the 60¹s have a
            small child adopted from India who shares Gandhi¹s birthday² heart smiling.
            ;-)

            Some teachers bully. There is very little research on this. One really great
            article is linked off of this page:
            http://www.stopbullyingnow.com/bullying%20by%20teachers.htm. This is the
            only reference I could find on this.

            I have focused on this issue in my cyberbullying book because I needed to
            address the web sites that students create that target school staff.
            Sometimes these sites put down teachers ‹ obese, gay. Picture a site that
            Harry Potter¹s Malfoy would create targeting Hagrid. Sometimes, you just
            have a bored kid, and kid who is not doing well and lashing out at anything
            having to do with school. But other times I think these web sites have been
            created by students who have been bullied by the school staff who they are
            targeting online. And I think it is really important for school officials to
            really figure out what is going on and not simply assume the child is
            totally in the wrong.

            Speaking of ³child,² mine wants a ride to school this cold morning. Bye.

            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

            Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Use the Internet
            Safely and Responsibly. Jossey-Bass (forthcoming)




            [Non-text portions of this message have been removed]
          • Ja Young
            Dear Nancy - Your are correct in terms of students creating sites to put down teachers because the teachers really are bullies. About 6 years ago when my
            Message 5 of 8 , Dec 5, 2006
              Dear Nancy -

              Your are correct in terms of students creating sites to put down teachers because the teachers really are bullies. About 6 years ago when my daughter was an AP / honor student but also a spoiled only, she complained about one of her English teacher's in high school, I took it with a grain of salt. But she was coming home upset and finally showed me sites from other students about this teacher - with quotes of things the teacher had said to them. I was literally shocked but still gave the teacher the benefit of the doubt and scheduled a meeting with her. When it was over I scheduled a meeting with the counselor and had my daughter's class changed. The kids were definitely right and if I had not had the opportunity to see so many other student's complaints online - I am not sure if I would have acted as quickly as I did, which would have been to my daughter's detriment.

              Take care,
              Ja Young

              Nancy Willard <nwillard@...> wrote:
              >
              > I've already found one incident where this hypothesis was put to the
              > test. In 1999, a pair of students at an LA high school felt that their
              > teacher was acting inappropriately, but they didn't have any proof. So
              > they secretly videotaped the teacher in question, then supplied the
              > video to the school board. The board began disciplinary proceedings

              Fascinating, cyber-civil disobedience. Why is my ³grew up in the 60¹s have a
              small child adopted from India who shares Gandhi¹s birthday² heart smiling.
              ;-)

              Some teachers bully. There is very little research on this. One really great
              article is linked off of this page:
              http://www.stopbullyingnow.com/bullying%20by%20teachers.htm. This is the
              only reference I could find on this.

              I have focused on this issue in my cyberbullying book because I needed to
              address the web sites that students create that target school staff.
              Sometimes these sites put down teachers ‹ obese, gay. Picture a site that
              Harry Potter¹s Malfoy would create targeting Hagrid. Sometimes, you just
              have a bored kid, and kid who is not doing well and lashing out at anything
              having to do with school. But other times I think these web sites have been
              created by students who have been bullied by the school staff who they are
              targeting online. And I think it is really important for school officials to
              really figure out what is going on and not simply assume the child is
              totally in the wrong.

              Speaking of ³child,² mine wants a ride to school this cold morning. Bye.

              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

              Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Use the Internet
              Safely and Responsibly. Jossey-Bass (forthcoming)

              [Non-text portions of this message have been removed]






              [Non-text portions of this message have been removed]
            • John Lindner
              ... As far as I know (without researching the legislative history), the section of the CA Ed Code regarding electronic listening or recording devices
              Message 6 of 8 , Dec 6, 2006
                At 12:51 PM 12/4/2006 -0800, Nancy Willard wrote:
                >Interesting provision. Could set up a very interesting situation. If
                >students believe a teacher to be abusive and the school unresponsive to such
                >abuse and the students seek to obtain video evidence of such abuse for the
                >purpose of getting the school to stop the abuse, how can this be considered
                >"disrupting and impairing the teaching process and discipline?"

                As far as I know (without researching the legislative history), the
                section of the CA Ed Code regarding "electronic listening or
                recording devices" pre-dates cell phones: it was passed years ago
                regarding audio tape recordings.

                If schools are unresponsive there are other district-based channels
                that students can pursue; but I think this section is meant to avoid
                getting into a conundrum of not having respected the right to not
                self-incriminate oneself: how can one avoid this if one doesn't know
                a recording is being made. Of course, the best way to avoid that is
                to not *be* abusive in the first place (i.e, to act professionally
                and with a sense of ethics); and the second best way is to have
                administrators who are routinely monitoring what's going on in their
                classrooms and on their athletic fields.

                >So let's consider another example. A coach regularly interacts with female
                >students in a highly inappropriate sexual manner. Should a student be
                >suspended for capturing an incident of this nature on her cell phone video
                >camera?

                Should they? Common sense says, of course not.

                Can they be? Apparently so.

                >Perhaps we should consider a law that makes it a misdemeanor for any citizen
                >to capture video evidence of a law enforcement official engaging in a
                >violent act because this "disrupts law and order."

                Different set of facts, different situation. Police have far greater
                range of authority than teachers do, in my opinion and can wreak much
                more havoc with abuses of authority.

                John

                ============

                John Lindner
                Second/Third Grade Teacher
                San Jose, California
                jlindner@...
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