Supreme Court Declines to Hear Cases on Student Speech

The US Supreme Court recently declined to hear three court of appeals cases dealing with the scope of school administrators' authority to discipline students for off-campus online speech. The Third Circuit's two rulings that students could not be disciplined for off-campus online postings that ridiculed the principals (Blue Mountain School District v. Snyder and Layshock v. Hermitage School District), and the Fourth Circuit's ruling that a student could be disciplined for her off-campus online postings that constituted harassment and bullying of a fellow student (Kowalski v. Berkeley County Schools) will stand.

The standard by the US Supreme Court remains unclear for disciplining students for off-campus internet speech. However, these circuit cases can be grouped into two apparent categories: (1) speech parodying school administrators and (2) speech targeting a fellow student. Although neither the Third or Fourth Circuit are binding on California courts, it appears that courts are more willing to uphold discipline of students where it constitutes bullying or harassment of a fellow student, and less willing to uphold discipline where it targets a school administrator.

For more information, please refer to our Legal Alert

Meghan Covert Russell

Heads Up! Revise Your District’s Anti-Harassment Policies to Include Anti-Bullying By July 2012

AB 9, which amends and adds to Education Code section 234 et seq., requires school district policies to prohibit discrimination, harassment, intimidation and bullying based on the actual or perceived characteristics set forth in Education Code section 220 (including disability, gender, nationality, race or ethnicity, religion, and sexual orientation). Existing law requires district policies to address discrimination and harassment – as of July 1, 2012, these policies also have to explicitly address intimidation and bullying based on perceived characteristics. The policies must also include a statement that they apply to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.

AB 9 also sets forth a more detailed process for dealing with complaints of discrimination, harassment, intimidation or bullying based on perceived protected characteristics. The complaint process must include, but is not limited to:

1. A requirement that school personnel must take immediate steps to intervene, when safe, if they witness an act of discrimination, harassment, intimidation or bullying.

2. A timeline to investigate and resolve complaints.

3. An appeal process.

4. Forms developed pursuant to this process must be translated.

These policies must be publicized to students, parents, employees, agents of the governing board, and to the general public.

Districts should examine their existing anti-harassment policies and make sure they comply with the new requirements of AB 9 before July 1, 2012.

The chaptered bill can be accessed here.

Meghan Covert Russell

Join KMTG Attorneys at ACSA Every Child Counts Symposium!

Today, January 11, begins the 2012 Association of California School Administrators (ACSA) Every Child Counts Symposium at the Portola Hotel and Spa in Monterey. This annual event is hosted by ACSA’s Student Services and Special Education Council. This year several KMTG attorneys were selected as speakers and panel participants, including Diane Beall on the hot-topics Legal Issues Panel, and Marsha Bedwell and Meghan Covert Russell presenting “Harassment and Bullying: From the School Yard to the Court.” If you are attending the ACSA symposium you won't want to miss these insightful presentations by members of the KMTG Special Education group. We hope to see you there!

Meghan Covert Russell

Students “Like” Social Media

This infographic was created by the ASCD (formerly the Association for Supervision and Curriculum Development) for its report, “Can Social Medial and School Policies be “Friends”?” 

The graphic highlights the number of students who currently use social media and the desire of many of those students to utilize technology at school, such as electronic textbooks and the ability to communicate with teachers. However, the graphic also demonstrates the challenges posed by use of technology and social media at schools, from cyberbullying to cheating. Additional challenges arise when schools discipline students for online speech that takes place off-campus (see additional coverage of this topic, click here).

Districts will continue to struggle with the desire to effectively utilize technology in the classroom while keeping distractions out.

For a PDF of the inforgraphic below, please click on the image. 

Meghan Covert Russell

Easy Ways to Green Your School

Andrea Falken, Director of the Green Ribbon Schools program, provides her thoughts on greening schools on the US Department of Education’s Blog. Some ideas include planting a community garden, encouraging students to bring reusable lunchware, and starting a recycling program.

What has your school done to go green?

Meghan Covert Russell

School-Friendly YouTube Channel

YouTube has launched a new network – YouTube for Schools – that allows educators to grant students access to educational content from YouTube EDU while excluding other content.  YouTube EDU includes content from the Smithsonian, TED, Steve Spangler Science, MIT and Numberphile, among many others. 

Meghan Covert Russell

Become a California Green Ribbon School

California is one of 33 states and the District of Columbia which plan to nominate schools for the US Department of Education’s Green Ribbon Schools award program. The program asks states to nominate schools that come closest to achieving the goals the Green Ribbon program has established: net zero environmental impact of facilities, net positive health impact on students and staff, and 100% environmentally literate graduates.

“We are excited about the potential impact the Green Ribbon Schools awards program can have in encouraging schools to improve their energy efficiency, create healthy environments for students and staff, and enhance their work to effectively prepare graduates for 21st century careers,” said U.S. Secretary of Education Arne Duncan.

States must submit nominations to the US Department of Education by May 22, 2012 and winners will be announced in April.

For more information on the Green Ribbon Schools program please visit the US Department of Education’s website.

Meghan Covert Russell