Cyberbullying, Sexting and Social Networking © Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010

Program Objectives: What three things will participants learn from this session that can be implemented?

1. Familiarization with the applicable state and federal laws associated with potentially

disrupting electronic communications

2. Suggestions for implementing effective school or district policies regarding electronic

communications

3. Tips for safe use of electronic communications by both student and staff

Adapted from presentation to CRHS administration on 3/30/2010

by Arlen Kimmelman, Librarian, Clearview Regional HS: http://bit.ly/dn3IHA

Cyberbullying, Sexting and Social Networking © Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010

Part 1: Familiarization with the applicable state and federal laws associated with potentially disrupting electronic communications

NJ Legislature I. Bill Search: http://www.njleg.state.nj.us/Default.asp II. Statutes: http://bit.ly/1gmH4c

III. Email notification for selected bills: http://www.njleg.state.nj.us/bills/BillsSubscriptionLogin.asp

NJ Cyberbullying Law as of July 2010 : http://bit.ly/bvAEXM

Relevant NJ Bills in 2010-2011 Session: Cyberbullying: http://www.njleg.state.nj.us/2010/Bills/A3500/3328_I1.HTM Harassment: http://www.njleg.state.nj.us/2010/Bills/A3500/3409_I1.HTM Sexting: http://www.njleg.state.nj.us/2010/Bills/A2000/1561_I1.HTM Social networking: http://www.njleg.state.nj.us/2010/Bills/A3000/2689_I1.HTM http://www.njleg.state.nj.us/2010/Bills/S0500/326_I1.HTM

Relevant Keyword Searches in NJ Statutes:

„Child‟/„Internet‟: 2C:43-3.8 : http://bit.ly/9pN8Uv and 2C:7-2: http://bit.ly/9d3x1G

„Bullying‟: 18A:37-15.1 : http://bit.ly/bh0Fes and complete search results for „Bullying‟ http://bit.ly/8YxXxB

Note: definitions in 18A:37-14 http://bit.ly/cqM6OX „Online‟: 52:17B-193: http://bit.ly/aglbL7 and 2C:43-3.8: http://bit.ly/9tiVKE „Sexting‟: NONE! „Texting‟: NONE! „Social Networking‟: NONE!

NJ’s County Prosecutors: http://bit.ly/cc9phx

There Isn‘t A Moment To Lose: An Urgent Call for Legal Reform and Effective Practices to Combat Bullying in New Jersey Schools, Report of the New Jersey Commission on Bullying in Schools, December 15, 2009, http://bit.ly/azTkJX

Table of Contents Brief Overview of Findings and Recommendations ..................................................1 Summary of Findings ......................................................................................................5 Summary of Recommendations ......................................................................................6 Background on the New Jersey Commission on Bullying in Schools .............................8 Overview of Current State of Laws Pertaining to Bullying Issues .........................11 The New Jersey Law Against Discrimination (LAD) Also Provides

Limited Protections for Some Victims of HIB .....................................................12 The New Jersey Bias Intimidation (BI) Statute Provides Limited Protections

for Victims of Criminal Conduct That Sometimes Includes HIB .........................12 The New Jersey Anti-Bullying Law as the Principal Legal Mechanism

for Addressing HIB in Schools .......................................................................14 Recommendation #1-22: ..........................................................................................14-43 Conclusion and Appendices .....................................................................................46-62

Cyberbullying, Sexting and Social Networking © Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010

Part 2: Suggestions for implementing effective school or district policies regarding electronic communications My School‟s Policies: http://writer.zoho.com/public/pseudandry/schoolpolicies Social Networking Primer for School Boards: http://bit.ly/dopTUC New Jersey‟s Model Policy and Guidance for Prohibiting Harassment, Intimidation and Bullying on School Property, at School-Sponsored Functions and on School Buses (Revised November 2008) http://www.state.nj.us/education/parents/bully.pdf

Reviewing and Updating Your Harassment, Intimidation and Bullying Policy Tip Sheet from Rutgers http://bit.ly/aNWRXq Section #2 – Statute and Regulatory Requirement The policy shall contain a definition of harassment, intimidation or bullying, no less inclusive than the definition set forth in the model policy. N.J.S.A. 18A:37-15(3)(b)(2) and N.J.A.C. 6A:16-7.9(a) 2ii Issues for Consideration in Local Policy Development 1. Does the policy address bullying incidents not motivated by characteristics such as the

target‟s race, color, religion, gender, or sexual orientation? 2. Do district policies and procedures address and impose consequences for acts of HIB that

occur off of school grounds including all forms of electronic communication, such as cyber-bullying?

3. Does the definition of HIB include “any electronic communication?” 4. Does the policy provide clear examples of what is meant by “electronic communication?” Resources from University of San Diego School of Leadership and Education Sciences, Center for Education Policy and Law: A. Helping School Personnel Control Student Misuse of Electronic Communication Devices

On and Off Campus - October 2010, University of San Diego Center for Education Policy and Law: http://bit.ly/cidvxA

B. Suggested Student Discipline Rules (Short Version), Student Misuse of Electronic

Communication Devices in Junior High and High Schools, (2 pp.) http://bit.ly/9HZPTe Center for Education Policy and Law • University of San Diego, October 2010

C. Suggested Student Discipline Rules (Long Version), Student Misuse of Electronic

Communication Devices in Junior High and High Schools, (4 pp.) http://bit.ly/ctrjNn Center for Education Policy and Law • University of San Diego, October 2010

(Continued on next page)

Cyberbullying, Sexting and Social Networking © Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010

D. Free Speech and Privacy Dimensions Of Student Misuse of Their Own Electronic Communication Devices in Elementary and Secondary Schools: A Review of the Issues and Related [CA] Law, http://bit.ly/c5HQ1e

Frank Kemerer, Professor-in-Residence, School of Law and School of Leadership and Education Sciences • University of San Diego, October 2010

E. Suggested School District Policy: Student Misuse of Electronic Communication Devices,

Center for Education Policy and Law • University of San Diego, October 2010, http://bit.ly/aMpmZB

F. Resources for Learning about Electronic Communication Devices, Center for Education Policy and Law • University of San Diego, Information compiled by Megan Cramer, Research Assistant, July 2010, http://bit.ly/czh2Yi

Cyberbullying, Sexting and Social Networking © Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010

Part 3: Tips for safe use of electronic communications by both student and staff Safety Tips: http://writer.zoho.com/public/pseudandry/safetytips Cyber Safety Tool Kit: Solutions for Schools, NJPSA‟s [New Jersey‟s Principals and Supervisor‟s Association], © 2009: http://www.njpsa.org/documents/pdf/bully.pdf

1. Cyber Problems (p.2) a. Cyber Bullying b. Cyber Predators c. Cyber Memory d. Cyber Crime e. Cyber Cheating

2. Solutions for Cyber Safety (p.4) a. Prevent Cyber Bullying

3. What the Law Requires: Legal Issues Related to Cyber Bullying (p.8) a. Legal Definition of Bullying b. Conduct Away from School Grounds c. Cyber Bullying and Student Due Process Rights d. Landmark N.J. Supreme Court Decision Sets New Standard e. Case Law Regarding Student Discipline and Cyberspace f. Searches of Cell Phones and Other Hand Held Devices

4. Additional Steps for Cyber Safety (p.14) 5. Agencies Investigating Cyber Crime (p. 16) 6. Talking Points to Use with School Staff (p. 17)

a. Talking Points to Use with Families

7. Tips for Families of Middle and High School Students (p. 20) 8. Tips for Families of Elementary Students (p. 22) 9. Links and Resources (p. 24) 10. Welcome to Cyberspace: The New Vocabulary (p. 27) 11. Top 15 Social Networking Sites (p. 30)