Law and Rights
By Michelle Ball, California Education Attorney for Students since 1995
I have had students in my office up for expulsion who thought a Facebook post was "private" and that only their "friends" could review it. However, students find out the hard way that their "friends" parents may be reading their posts and sending them to the school, or a friend may have their phone searched. An expulsion recommendation may ensue after the communications are read.
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Law and Rights
Social Media, Texting, Schools And Discipline: Students Beware
By Michelle Ball, California Education Attorney for Students since 1995
With the explosion of social media sites, such as Facebook, Twitter, and the like, along with almost constant texting and other electronic communication between students, schools have entered a new era of discipline. Parents need to be aware of this and caution their children about who may be watching (or find out about) what they post, text, email, or otherwise communicate.
It used to be that schools would hear a report of nefarious activity and would only have traditional investigation techniques to rely on (interviews, searches). No more. Now they have "written" evidence available on the internet and phones. Schools still have to conduct their version of an investigation, however, their investigations often become much easier with the proof lingering on electronic devices and phones.
Postings can be misinterpreted as somehow being sources of substantial disruption or threats to the school which are expulsion-worthy. For example, encouraging another student in a chat to handle a teacher problem by stating "get her" (meaning "handle it"), or laments to a "friend" containing a negative opinion about a teacher, may be mistakenly deemed threats of harm. Both students described were placed up for expulsion for such slips of the tongue which were not intended for anyone beyond the audience (friend) nor as threats of any kind.
I fought and got both students back in school with no expulsion, but this would not have happened without attorney intervention and return can never be certain. In the "old" days (not that long ago), such statements would vanish the minute they were uttered verbally to another student and would never get reported. No more. Statements on-line or on a student's phone don't disappear. Even if deleted on one student's device, they may remain on another student's computer or phone and can come back to bite.
I fought and got both students back in school with no expulsion, but this would not have happened without attorney intervention and return can never be certain. In the "old" days (not that long ago), such statements would vanish the minute they were uttered verbally to another student and would never get reported. No more. Statements on-line or on a student's phone don't disappear. Even if deleted on one student's device, they may remain on another student's computer or phone and can come back to bite.
I have had students in my office up for expulsion who thought a Facebook post was "private" and that only their "friends" could review it. However, students find out the hard way that their "friends" parents may be reading their posts and sending them to the school, or a friend may have their phone searched. An expulsion recommendation may ensue after the communications are read.
My best advice for parents who do not want to see themselves hauled in with a suspension or expulsion for matters which seemed out of reach, is to talk to your children about what NOT to post. Students should first be informed that NOTHING THEY POST ON THE INTERNET OR TEXT, EMAIL, ETC. IS PRIVATE, regardless of what they may think. Whether they can be disciplined for it legally or not is a whole different matter. Students need to simply be cautions about what they post. For, although the First Amendment DOES still exist, caution can help a student avoid discipline for "threatening" (or other) comments altogether.
Best,
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Michelle Ball
Education Law Attorney
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/
Twitter: http://twitter.com/michelleaball
Youtube: http://www.youtube.com/user/EdLaw4Students
Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857
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Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.! This blog may not be reproduced without permission from the author and proper attribution of authorship.
- Education After Expulsion: Are Students Still Allowed To Go To School?
By Michelle Ball, California Education Attorney for Students since 1995 Expulsion from school can be devastating for students. The expelled child may not be able to return to a regular school, is denied access to district or school activities, and...
- Improved, But Still Confusing Cif High School Sports Transfer Rules
By Michelle Ball, California Education Attorney for Students since 1995 Recently, the California Interscholastic Federation, aka CIF, the governing body for high school sports in California, softened their interdistrict transfer rules for the better....
- Schools, Colleges, And Current Trends In One Education Law Office
By Michelle Ball, California Education Attorney for Students since 1995 It has been a VERY busy year for my office, as our clients come from all across California and issues run the gamut. With the internet, even MORE parents and students in trouble...
- School Suspension And Expulsion Bases: Fighting And Threats Of Harm
By Michelle Ball, California Education Attorney for Students since 1995 There are a multitude of bases for student discipline as described in my earlier blogs. One of those bases involves fighting (aka "mutual combat"), threats, and/or physical...
- True Stories Of California School Expulsions
By Michelle Ball, California Education Attorney for Students since 1995 I have been representing parents and students since 1995 and often reflect on all the stories I have heard. Some interesting ones come to mind in the expulsion arena. For example,...