February 22, 2010

Students Claim Laptop Cameras Spy on Families

According to a claim filed against Lower Merion (suburb of Philadelphia, PA) School District in federal court, the school district used school provided laptop webcams to spy on students in their homes, leaving the families to be potentially caught in compromising positions. The webcams were activated without the students’ or parents’ knowledge.

Big%20Brother%20Spy%204.jpgAccording to plaintiffs Michael and Holly Robbins, the laptop webcams could have captured students and other members of the family in embarrassing situations, including undressing. After learning of the webcam activations, students such as Tom Halperin, 15, started placing masking tape over the top of the webcam.

Should the allegations be proven, the charges could amount to illegal electronic wiretapping, said Witold J. Walzak, who works for American Civil Liberties Union of Pennsylvania, though the union is not involved in the lawsuit. According to Walzak, who is legal director, the school is unable to enter a home electronically, just as police are not able to do so. The lawsuit seeks class action status.

The school spokesman, Doug Young states that the school is committed to the student’s privacy and could not state if the school had the ability to activate the webcams remotely. The school provided each of its 2300 students with the laptops. The city is affluent and prides itself with the technology initiatives it has taken in recent years.

The Robbins family learned of the activation of the webcams after the assistant principal at Harriton High School told the son that school officials believed he engaged in inappropriate behavior at home, though the lawsuit did not specifically state what that behavior was. There is evidence in the school’s use as a photograph taken from the webcam was made available to the student as evidence of his behavior at home. The assistant principal, Lindy Matsko confirmed to the father that the school did have the ability to activate the cameras remotely, alleges the lawsuit.

District officials confirmed that they remotely activated webcams to locate more than 40 missing laptops without notifying students or parents. Lawyers have repeatedly requested all the photographs and screenshots the district obtained.

There is precedence in similar cases, though nothing exactly the same. In 2001, the United States Supreme Court ruled that police could not permeate a home with infrared lights to determine if there were heat lamps in place to grow marijuana. Technology is unable to cross the line of a person’s home, as it violates the individual’s privacy.

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February 18, 2010

Student Complains About Teacher on Facebook… Federal Judge Rules “Free Speech”

In a ruling out of Pembroke Pines, Florida, a student who posted a message on her Facebook page complaining about her teacher was allowed to do so, as she was exercising her freedom of speech. Federal Magistrate Judge Barry Garber ruled that the student’s First Amendment rights allowed the student to post negative comments about her teacher.

Freedom%20of%20Speech%202.jpg"Evans' speech falls under the wide umbrella of protected speech," Garber wrote. "It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior."

The student, Katherine Evans, has filed a lawsuit against the principal of the school who suspended her. However, most important in the case is that the ruling by the judge sets new precedent in such cases in which the Internet and freedom of speech have yet to be defined. Around the country, courts are still trying to work out how social networking websites such as Facebook and free speech limitations interact with each other.

The Florida ACLU filed the lawsuit on the behalf of Evans. The ACLU states that it hoped that this case would do just what it has; set precedent in free speech laws for the Internet and other forms of communication.

Evans posted a message on the Facebook page staying that the teacher was “the worst teacher I’ve ever met.” However, when other students saw the message, they did not react favorably. Rather, other teachers and students defended the teacher. Evans later removed the message from the page. The principal learned of the message, then suspended Evans from the student’s Advanced Placement classes, and instead placed the student in less prestigious classes. Principal Peter Bayer also suspended the student for three days.

In 2008, Evans filed a lawsuit against the principal in the case in the hopes of having the suspension ruled unconstitutional and to have it removed from her record. As an honor student, she did not want her record tarnished. However, the principal tried to get the case dismissed and asked for immunity in the case.

The ruling by Magistrate Judge Barry Garber declined the motion to toss out the case and said that the principal may be forced to pay damages and attorney's fees if found guilty of violating the student’s rights.

Of particular concern was the fact that it was two months after Evans removed the Facebook message about the teacher that the principal decided to punish the student. The lawsuit is not yet settled and will head back to court.

In a related note, The US Supreme Court previously ruled to uphold a California Law which gives students even more Freedom of Expression rights. You may read our blog post about that case by clicking HERE.

February 9, 2010

High School Suicide Victim's Parents Sue School

In Dalton, Georgia, the parents of a junior who was enrolled in Murray County High School are suing the school system claiming that the school's inability to protect the child from bullying lead to the child committing suicide. The child committed suicide on Oct 17, 2009. They have filed the suit in federal court this week.

aspergerssyndrome.jpgAlso named in the lawsuit is the principal of the school, Gina Linder, whom the parents believe did not do enough to protect Tyler Long, who died after what his parents call a "particularly painful week of bullying at the high school." Long had Asperger's syndrome, which is a type of social anxiety disorder within the area of autism. The parents believe that the school's inability to protect the child was a violation of the Americans with Disabilities Act and Vocational Rehabilitation Act.

According to Stan Hawkins, who represents the school district, the case has no merit. In a statement, he states that the school system is not responsible for the child taking his life. Hawkins is one of several attorneys working on behalf of the school system.

A statement released from the parent's law firm, W. Winston Briggs Law Firm states, in part that the school's administrators and employees "exhibited deliberate indifference" towards protecting the child. The statement says that the school and principal knew of the child's disability and did not do anything to protect the child from the bullying. The law firm also states that the principal knew of the bullying. The parents filed the suit in an effort to hold someone accountable for their child's death and to ensure it does not happen to someone else.

Although the case has been filed in federal court, there is likely to be a significant discovery period prior to the case going to trial. The school system has 20 days to respond to the allegations. The lawsuit is seeking punitive damages, including payment for court costs and attorney fees.

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February 3, 2010

San Francisco District Shake Up of School Assignments Starts

The San Francisco school system is in for major changes in the way that students are placed in elementary and middle schools. School officials are now planning to send students to those schools closer to their homes, rather than basing the choice of school on socioeconomic class or home language, something it has used for years.

school_bus%20double.jpgThe Board of Education of the San Francisco Unified School District met to discuss possible options. Staff presented a number of options including those that would use academic performances and the student's home location to determine where the student went to school. Board recommendations are still being submitted and a final vote is scheduled for March 3 on all the options available.

Options include:

Parent Selection
One of the options presented is to allow parents to select the school that the child attends, up until the school is full. At that time, all names of remaining students would be placed in a lottery system to determine which school the child will attend. However, the difference here is that the lottery would also take into consideration academic performance of the student to get an aggregate of low to high performing students in each school. In addition, such a lottery system would also factor in the location of the student's home.

Closest to Home
Another option is to simply send the children to the school that is closest to their home. Parents could still make a choice in which school to send their child, but they would be allowed to choose other schools outside of their closest school only if there was availability at that school. This makes the school assignment far more predictable.

Racial Diversity
The goal of the school board, however, is to create more racial diversity within their schools. Neither of the thus far proposed options offers any type of benefit to racial diversity. The school officials are hoping to find another solution that will give them more ability to reduce the number of racially isolated schools in the community.

Complexity
The Parent Advisory Council and Parents for Public Schools both came together to talk about the school assignment system. These groups will not support any system that takes the parent’s right to choose a school. The group believes that if the school district ensured that all schools offered the same benefits that people would not care as much about their child's assignments.

A history of the San Francisco Unified School District's school assignment system may be found by clicking on the following link:

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