Comments on: Administrator’s guide to cyberbullying http://dangerouslyirrelevant.org/2007/03/administrators_-2.html Technology, leadership, and the future of schools Thu, 09 Feb 2012 14:42:44 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Scott McLeod http://dangerouslyirrelevant.org/2007/03/administrators_-2.html/comment-page-1#comment-14816 Scott McLeod Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/03/administrators_-2.html#comment-14816 I ran across this page today (thanks, Vicki Davis!): http://tinyurl.com/2qtcvx I am of the strong opinion that whoever wrote this is incorrect. Any public school action, including putting something in an AUP, can give rise to a constitutional claim. The AUP is no different than any other activity in which a school might engage. I believe that it's significantly false to say that educators can transform cyberbullying issues from constitutional into contractual issues simply by inserting a provision into a school's AUP and believe there is case law to back up my opinion. Administrators rely on this web page at their peril. Furthermore, the basic law of contracts implies equal bargaining power by both parties. AUPs clearly do not reflect such since the only alternative for kids to signing an AUP is not to use school computing equipment at all (which is a different legal/educational issue that I might blog on sometime). I think courts are going to be skeptical of this 'contractual' argument on this front too. I ran across this page today (thanks, Vicki Davis!):

http://tinyurl.com/2qtcvx

I am of the strong opinion that whoever wrote this is incorrect. Any public school action, including putting something in an AUP, can give rise to a constitutional claim. The AUP is no different than any other activity in which a school might engage. I believe that it’s significantly false to say that educators can transform cyberbullying issues from constitutional into contractual issues simply by inserting a provision into a school’s AUP and believe there is case law to back up my opinion. Administrators rely on this web page at their peril.

Furthermore, the basic law of contracts implies equal bargaining power by both parties. AUPs clearly do not reflect such since the only alternative for kids to signing an AUP is not to use school computing equipment at all (which is a different legal/educational issue that I might blog on sometime). I think courts are going to be skeptical of this ‘contractual’ argument on this front too.

]]> By: Future Administrators of America Member http://dangerouslyirrelevant.org/2007/03/administrators_-2.html/comment-page-1#comment-14817 Future Administrators of America Member Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/03/administrators_-2.html#comment-14817 Long time reader, first time commenter. Thanks for the helpful presentation. It is a real eye opener. (I thought 3 of the 6 had a chance...oops!) Long time reader, first time commenter. Thanks for the helpful presentation. It is a real eye opener. (I thought 3 of the 6 had a chance…oops!)

]]> By: Chris Craft http://dangerouslyirrelevant.org/2007/03/administrators_-2.html/comment-page-1#comment-14818 Chris Craft Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/03/administrators_-2.html#comment-14818 Dr. Scott, Thanks for the helpful resources. A suggestion, on the breeze presentation, slide 9 was confusing when you kept using the same wording "the student", I had to watch it a few times to realize which student you were talking about. Perhaps a clarification if you choose to re-record this for another presentation or anything. Thanks so much! Chris Craft Dr. Scott,

Thanks for the helpful resources.

A suggestion, on the breeze presentation, slide 9 was confusing when you kept using the same wording “the student”, I had to watch it a few times to realize which student you were talking about. Perhaps a clarification if you choose to re-record this for another presentation or anything.

Thanks so much!

Chris Craft

]]> By: Scott McLeod http://dangerouslyirrelevant.org/2007/03/administrators_-2.html/comment-page-1#comment-14819 Scott McLeod Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/03/administrators_-2.html#comment-14819 Thanks for the feedback, Chris. I'll check it out. Thanks for the feedback, Chris. I’ll check it out.

]]> By: Mrs. Durff http://dangerouslyirrelevant.org/2007/03/administrators_-2.html/comment-page-1#comment-14820 Mrs. Durff Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/03/administrators_-2.html#comment-14820 The Cyberbullying audio needs to rated X. I was offended by the language I did not expect. I could never use this as a training audio. The Cyberbullying audio needs to rated X. I was offended by the language I did not expect. I could never use this as a training audio.

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