social media: legal pitfalls and best practices - cts academy 16

Social Media:

Legal Pitfalls &

Best Practices

Presented by:

Diana Benner @diben

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About Me

Director of Professional Development

Texas Computer Education Association

[email protected]

@diben

DIANA BENNER

http://dbenner.org

mailto:[email protected]

https://twitter.com/diben


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https://www.youtube.com/channel/UCYVu-bMrt08SdMTHjjy6Nog?view_as=public

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What are some social media trends

in education today?

What are some strategies to best

implement social media in your district?

What are some legal pitfalls

related to social media?

Today...

#TCEActs dbenner.org | [email protected] | @diben

a #TCEActs dbenner.org | [email protected] | @diben

a Source: https://youtu.be/jottDMuLesU

The Social Media Revolution

#TCEActs

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What do you think of when

you hear the word . . .

Social Media? #TCEActs dbenner.org | [email protected] | @diben

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Social media refers to online tools and services

which allow an exchange of ideas, information,

videos, pictures, and graphics — just about

anything you can name.


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Social Media is Everywhere...


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…and It’s Impact is Powerful (and scary)

• 88% of teens have seen someone be mean to another person on a social

networking site

• 41% of teens have had a negative experience as a result of using a social

networking site

• 39% of teens and tweens think their online activity is private from everyone,

including parents

• 67% of teenagers say they know how to hide what they’re doing online from

their parents

• Among 9-17 year olds, more time is spent on social networks than on TV

• For young users, Instagram is one of the most important social networks

Source: http://www.guardchild.com/social-media-statistics-2/

#TCEActs

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• Bookmarking Sites and Social News Sites (Delicious, Digg)

• Blogs and Microblogs (Twitter, Tumblr)

• Social Networking Sites (Google+, Facebook)

• Shopping Sites (Amazon)

• Multimedia Sharing (YouTube, Flickr, Instragram)

• Virtual Worlds (Second Life)

Types of Social Media

#tcea16


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Organizations Individuals

Who’s on Social Media?


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Source: http://youtu.be/JJfw3xt4emY

Social Media Affecting Teens

#TCEActs

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What

are you seeing

Discussion

Share on Today’s Meet

http://todaysmeet.com/TCEActs16




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If no problems have arisen

in your district, consider

yourself lucky.

There’s a growing trend

of social media problems,

lawsuits, and media

frenzy.

Why This Matters


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Source: http://goo.gl/svOF7p

Teen Take Life After Months of Taunting

#TCEActs

http://www.kens5.com/videos/news/2016/01/07/teen-takes-life-after-eight-months-of-taunting/78450742/

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And Even More . . .


On 10th anniversary of her suicide, Mom shares

daughter’s bullying story – https://goo.gl/b4GPPP

8th grader dies after being

bullied in New Braunfels -

https://goo.gl/zoQTDp

https://goo.gl/b4GPPP

https://goo.gl/b4GPPP




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#tcea16


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• Compliance with Privacy Laws

• Compliance with CIPA

• Accessing Student and Staff Personal

Accounts

• Social Media Monitoring of Students and Staff

Pitfalls at a Glance

Source: https://goo.gl/1RgbD6 #TCEActs

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Federal Law • Family Educational Rights and Privacy Act (FERPA)

– Governs use and dissemination of student education records and personally identifiable information

• Protection of Pupil Rights Amendment (PPRA) – Provides parents certain rights regarding conduct of surveys and collection and

use of student information for marketing purposes

– Requires notice and opt out

• Children’s Online Privacy Protection Act (COPPA) – Governs online collection of personal information from children under 13

– Requires parental consent and opt out


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Children’s Internet Protection Act

• Districts must certify compliance with CIPA when

applying for E-Rate funding

• Requires development and enforcement of an

Internet Safety Policy

• CIPA - https://goo.gl/6lSQbV


https://goo.gl/6lSQbV

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CIPA Requirements Internet Safety Policy must provide for (among other things):

• Monitoring the online activities of minors

• Implementing technology protection measures that protect

against access by adults and minors to visual depictions that are

obscene, child pornography or, with respect to use of computers

with Internet access by minors, harmful to minors (i.e., block or

filter access)

• Educating minors about appropriate online behavior, including

interacting with other individuals on social networking websites

and in chat rooms, cyberbullying awareness, and response


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CIPA Best Practices

• Encourage use of separate District/professional accounts

• Appoint administrator to join groups (e.g., Like, Follow), or

otherwise monitor

• Train employees on proper use

– Cyberbullying

– Appropriate content

• Inform parents about social media use and accounts


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What Key Words Help to Define

Digital Citizenship?

Enter your response here:

https://answergarden.ch/386150






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https://goo.gl/K9Kz2O


https://goo.gl/K9Kz2O

https://sites.google.com/a/ecisd.net/digitalcitizen/home/banner2.png?attredirects=0

https://sites.google.com/a/ecisd.net/digitalcitizen/home/digital-footprint.jpg.png?attredirects=0

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https://goo.gl/EkKqnO

Del Valle ISD 3-Step Process


https://goo.gl/EkKqnO

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http://goo.gl/IFH8fR

Eanes ISD Digital Parenting 101


http://goo.gl/IFH8fR

https://itunes.apple.com/us/course/eanes-isd-digital-parenting/id868356158

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How does your district educate on

Discussion






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Reasonable Suspicion In general, when a school has a reasonable suspicion that a

student has broken the law or school rules, it has the right to

search a student’s personal belongings on school grounds.

Unfortunately, there is no clear definition

of what constitutes “reasonable suspicion,”

so school officials should tread carefully

before searching a student’s personal

digital devices and social media accounts.


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Key Points about Search & Seizure

Students shall be free from unreasonable search and seizure

by school officials.

Reasonable cause or voluntary consent

A reasonable search is one that is justified at the inception

with reasonable grounds for suspicion and scope of search is

reasonably related to the documentation that justified the

search.


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Don’t Violate Constitutional

Rights • Avoid requesting access to, or

otherwise attempting to control,

students’ or employees’ personal

accounts

• Do not search students’ cell phones

without reasonable suspicion


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It Could Be Costly

• In 2010, a Pennsylvania school district paid $33,000 to

settle a case in which a high school student’s cell phone

was confiscated and unconstitutionally searched.

• A Minnesota school district paid $70,000

in 2014 to settle a federal lawsuit in which

the school district threatened a sixth grade

student until she gave her school access

to her personal e-mail and social media

accounts. #TCEActs dbenner.org | [email protected] | @diben

https://www.aclu.org/blog/free-speech/pa-school-district-pays-33000-settle-cell-phone-search-lawsuit

https://www.aclu.org/blog/free-speech/pa-school-district-pays-33000-settle-cell-phone-search-lawsuit

http://www.startribune.com/local/252263751.html

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Substantial Disruption

• It is something that disrupts the school community as a

whole.

• It is something that more than minimally detracts from

instructional time.

• It is something that becomes all-consuming for school

administrators to deal with.

• It is something that significantly interferes with the

administration’s ability to maintain discipline in the school.


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Source: http://goo.gl/UDEz8d

The Bullying Breaking Point

#TCEActs

http://www.kirotv.com/videos/news/watch-it-bullying-breaking-the-cycle-segment-2/vCq8x/

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What About District Employees?

• The number of people fired over social media posts is

increasing

• 77% of all employers “Google” their employees or job

applicants

• 43% said they found something

that caused them not to consider

the candidate further

• 19% said they found something

that increased the candidate’s

chances #TCEActs dbenner.org | [email protected] | @diben

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Employee Monitoring

• Employers have rights and responsibilities that allow them

to monitor employees

• Social media records may be subpoenaed

• Spot problems early, get information offline quickly, and

discipline immediately

• Asking for passwords to social media sites is likely a

violation of the Stored Communications Act (SCA), 18

U.S.C.


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Laws that Regulate

• These incidents and others have inspired more than 20

states (http://goo.gl/4mWHaP) to enact laws that regulate

when an employer or school may request access to the

personal digital accounts of

students or staff.

• Texas doesn’t have one yet


http://goo.gl/4mWHaP

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Source:: http://goo.gl/uHBGTF

Fired Over Tweet

#TCEActs

http://www.usatoday.com/videos/news/nation/2014/11/14/19043657/

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Source:: https://goo.gl/o977yR

Fired Over Facebook Post

#TCEActs

http://www.statesman.com/news/national/educator-fired-after-facebook-post-about-michelle-obama-sparks-outrage/nMAUr7ORawuwPaXfgoCpJJ/

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Discussion How do we approach

educating staff and students when . . .

ONE wrong social media post

can ruin their lives for good?






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Student Social Monitoring Stirs

Up Debate

http://goo.gl/cYmbqm


http://goo.gl/cYmbqm

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Legal Responsibility

Engaging social media monitoring companies may signal to

the judicial system that a school district is willing to be held

legally responsible for the personal digital content posted by

their students and staff.

School districts must realize that with

access and knowledge comes legal

and financial responsibility.


a Source: http://youtu.be/JJfw3xt4emY

Digital Dirt

#TCEActs

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What

does this video suggest?

Discussion







http://www.k-12techdecisions.com/article/survey_shows_k_12_teachers_embracing_social_media_for_learning_pd

http://www.avatargeneration.com/2013/07/the-use-of-social-media-in-school/

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Edutopia has a nice 7-step

outline on how to develop

social media guide guidelines

appropriate for K-12.

Source: http://goo.gl/4Yn236

Social Media Guidelines http://goo.gl/4Yn236

#TCEActs

http://goo.gl/4Yn236

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Source: http://goo.gl/VeINN0

TASB on School

District Employees

& Electronic Media

https://goo.gl/VelNN0

TASB offers guidance about policies and

other regulation of employees' use of

social media tools.

#TCEActs

https://goo.gl/VelNN0

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• District Technology Resources

https://goo.gl/otz1Sj

• Hiring In The Age Of Social Media

https://goo.gl/D9CZTC

TASB Resources







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http://goo.gl/iLWLU4 A Teacher’s Guide

Source: http://goo.gl/iLWLU4

#TCEActs

http://goo.gl/iLWLU4

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Teens need to be made

more aware of privacy and

security issues.


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Allows you to quickly access privacy settings on popular social media sites. View your Facebook and Google+ as stranger.

http://adjustyourprivacy.com/

Adjust Your Privacy


http://adjustyourprivacy.com/

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1. Separate work from personal by having

completely separate account.

2. Post/behave as though NOTHING is private.

3. Review each site’s privacy settings regularly.

4. Develop a social media policy.

5. Reference expectations in a Handbook.

Social Media Best Practices


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Social Media Policy

Database provides access

to policies from a wide

variety of organizations.

Social Media Policy Database

http://goo.gl/zUxw7i


http://goo.gl/zUxw7i

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What does your district’s

Social Media

look like?

Discussion






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Read the full story at

http://goo.gl/ZkKaXa

Missouri family learns their Christmas

card photo was lifted from the web

and used by a Czech Republic

grocery store delivery service as an

ad on a van. They only discovered it

because some of their friends happen

to be visiting Prague at the time and

saw the van.

Where might your photos end up?

…and for what purpose?

American family's web photo ends up as Czech advertisement

It’s a Digital World





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Nobullying.com is an online forum aimed at educating, advising,

counselling and all importantly, helping to stop bullying, in particular,

cyber bullying.

Nobullying.com


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Interesting article by District

Administrator magazine

highlighting the difficulty in

dealing with social media.

http://goo.gl/NL81rx

Social Media Guidelines for

School Administrators


http://goo.gl/NL81rx

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• Non-profit site based in

California with a mission to

inform individuals as to how to

protect their privacy.

• Fact Sheet 35 focuses on

Social Networking Privacy.

http://goo.gl/VN1uyH

Social Media Fact Sheet


http://goo.gl/VN1uyH

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Why Are Teachers Getting Into

Trouble? http://goo.gl/nRzXYC


http://goo.gl/nRzXYC

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#smedu social media in education

#smmanners social media manners

#smchat chat exploring social media

#smm social media marketing

#DLDay digital learning day

#digcit digital citizenship

Twitter Resources


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Questions #TCEActs dbenner.org | [email protected] | @diben

a Source: https://youtu.be/qtRSpZAPlqI

Social Media Can Be Positive

#TCEActs

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What are some ways we can help

with educating about social media?

REFLECTING ON SOCIAL MEDIA AND SCHOOL DISTRICTS Thinking it through…

Share on Today’s Meet - http://todaysmeet.com/TCEActs16

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@diben




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