Comments on: Liability for linking? http://dangerouslyirrelevant.org/2007/08/liability-for-l.html Technology, leadership, and the future of schools Wed, 08 Feb 2012 23:00:32 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Chris Craft http://dangerouslyirrelevant.org/2007/08/liability-for-l.html/comment-page-1#comment-14201 Chris Craft Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/08/liability-for-l.html#comment-14201 Dr. McLeod, Thank you so much for taking the time to weigh in on this question of mine. One small correction, the Moodle installation is on my shared hosting space and is not district-sponssored. My school is fully aware of its existence and they are supportive of its usage. I wonder if that changes the dynamic, though, in regards to questions of liability. Thank you for your help... Chris Craft Dr. McLeod,

Thank you so much for taking the time to weigh in on this question of mine. One small correction, the Moodle installation is on my shared hosting space and is not district-sponssored. My school is fully aware of its existence and they are supportive of its usage. I wonder if that changes the dynamic, though, in regards to questions of liability.

Thank you for your help…

Chris Craft

]]> By: Scott McLeod http://dangerouslyirrelevant.org/2007/08/liability-for-l.html/comment-page-1#comment-14202 Scott McLeod Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/08/liability-for-l.html#comment-14202 Yes, I think that changes it a little bit. You're still taking precautions, but now the instructional tool to which you're driving students is not under district control. As long as students access it only through the district technology systems (which block access to Slideshare), all is fine, but if you're driving students to it for homework that's different because now the district doesn't have the ability to set up blocking systems to protect kids. The question now becomes for how many links down a hyperlink chain will a court hold you liable? Two? Six? Ten? No one knows the answer. If you added the other safeguards I mention in the post, I'm guessing you'd be fine. But note that your district also could tell you to quit using Moodle as an instructional resource. See http://tinyurl.com/2bdrpo A tough call. I'll forward this on to some other education law folks. Hopefully they'll chime in... Yes, I think that changes it a little bit. You’re still taking precautions, but now the instructional tool to which you’re driving students is not under district control. As long as students access it only through the district technology systems (which block access to Slideshare), all is fine, but if you’re driving students to it for homework that’s different because now the district doesn’t have the ability to set up blocking systems to protect kids. The question now becomes for how many links down a hyperlink chain will a court hold you liable? Two? Six? Ten? No one knows the answer.

If you added the other safeguards I mention in the post, I’m guessing you’d be fine. But note that your district also could tell you to quit using Moodle as an instructional resource. See http://tinyurl.com/2bdrpo

A tough call. I’ll forward this on to some other education law folks. Hopefully they’ll chime in…

]]> By: Tracy Rosen http://dangerouslyirrelevant.org/2007/08/liability-for-l.html/comment-page-1#comment-14203 Tracy Rosen Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/08/liability-for-l.html#comment-14203 An interesting issue, one that has not yet come up in any of the schools I work with. Most likely because they are private schools (by the fact that they are parochial schools in a province that no longer funds religious education...) and are therefore self-managed. I am still trying to get teachers to stop asking students to do random google searches (can you imagine what happened when students were asked to search about nurses, with no parameters - this really happened in one of the classrooms!). Things will likely change as I enter a large public school in a large school board. Considering how much I do incorporate technology into my bag of tricks...I am looking forward to eavesdropping on this conversation! thanks for bringing it to my attention - a real eye opener! Tracy An interesting issue, one that has not yet come up in any of the schools I work with. Most likely because they are private schools (by the fact that they are parochial schools in a province that no longer funds religious education…) and are therefore self-managed.

I am still trying to get teachers to stop asking students to do random google searches (can you imagine what happened when students were asked to search about nurses, with no parameters – this really happened in one of the classrooms!).

Things will likely change as I enter a large public school in a large school board. Considering how much I do incorporate technology into my bag of tricks…I am looking forward to eavesdropping on this conversation!

thanks for bringing it to my attention – a real eye opener!
Tracy

]]> By: Quyen Arana http://dangerouslyirrelevant.org/2007/08/liability-for-l.html/comment-page-1#comment-14204 Quyen Arana Tue, 30 Nov 1999 05:00:00 +0000 http://annahein.com/2007/08/liability-for-l.html#comment-14204 Great conversation, Scott! This this line says as much as we can do: "The essence of negligence is whether educators acted reasonably under the circumstances. " I'm not a lawyer either, but I think if you have taken reasonable precautions, and documented what you've done (in a note to parents would be the best way), the district should feel safe from prosecution. After all, look at filtering software. They have horrible track record (10% slippage at the very best), yet districts feel safe it will protect them from a lawsuit. Personally, I think the best measure of all is teaching responsibility. Great conversation, Scott! This this line says as much as we can do:

“The essence of negligence is whether educators acted reasonably under the circumstances. ”

I’m not a lawyer either, but I think if you have taken reasonable precautions, and documented what you’ve done (in a note to parents would be the best way), the district should feel safe from prosecution. After all, look at filtering software. They have horrible track record (10% slippage at the very best), yet districts feel safe it will protect them from a lawsuit.

Personally, I think the best measure of all is teaching responsibility.

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