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Be Proactive and Not Reactive When Responding to Technology Incidents at School

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In violation of school policy, a student uses his cell phone during class to record a teacher engaged in disciplining a group of students.  Another student uses a mobile device to photograph her answer sheet during a standardized exam.  Yet another student uses his phone to record some friends while they are changing in the locker room.  Beyond the apparent school policy violations in these scenarios is the real concern that the data and images could be distributed to others or, worse, that they could go viral.  If such images or recordings are distributed they could impact many and have far-reaching consequences.  Among other things, privacy rights could be violated, the school’s testing data, scores, and funding could be compromised, and mandatory reporting and criminal laws could be triggered.

Faced with the prospect of such consequences, the initial reaction of a teacher or administrator may be to confiscate the student’s device and begin deleting.  While an immediate reaction such as deleting data and images may bring about a certain sense that the issue has been swiftly and efficiently resolved, it will likely create many more problems, including risks that important evidence was destroyed and that the school district could face litigation for alleged deprivation of due process, property, and personal rights.  Moreover, parent complaints and unwanted media attention could be imminent.

The best way to respond to policy violations and technology misuse is to have practical policies and procedures in place and to educate the educational community (students, teachers, parents, administrators, and others) about them before any specific incidents arise.  In other words, it is better to be proactive than reactive.  For students, education about technology use should begin at home and be supplemented by any education and policies from the school.  Parents and teachers can use national or international incidents which have received media attention as teachable moments to keep student education current and relevant.  Schools can use information about such incidents to determine whether their policies and procedures are up-to-date.  Ultimately, students and parents should not be surprised that, if students engage in misconduct on campus, during school hours, or when there is a nexus to school that they may face discipline or specific consequences.  To this end, education is imperative.

Do the school administrators prefer liberal technology use and certain procedures for handling inappropriate images and data?  If so, they should discuss their preferences with other administrators and the school district.  Such discussions would be even better even if they included multiple stakeholders, such as parents, teachers, librarians, and even students.  Legal counsel should also be consulted in order to determine whether the school and district policies and procedures are sufficient to protect them from liability as they address any student issues.

Although our laws have not caught up with our current technologies, a well-planned and widely publicized policy outlining specific procedures for dealing with technology is crucial to notifying the educational community about specific consequences, preventing future misconduct, and reducing liability.  It should also empower administrators to handle matters efficiently and with minimal complaints and negative attention.


Penelope Glover is Senior Counsel with Atkinson, Andelson, Loya, Ruud & Romo.  She is a member of the firm’s Education Law Practice Group and the leader of the Education Law Technology Group.  Ms. Glover represents public school districts, county offices of education, community colleges, and universities throughout California in the areas of technology, human resources, and student discipline. Image courtesy of David Castillo Dominici/ FreeDigitalPhotos.net.

Categories: Cell Phone, Legal Issues

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