1. School Law and Technology Fall 2013 Week 4 - Ced 555

2. Wisconsin Public Records Law Wis. Stat. §§ 19.31-19.39 CEd 555

3. Suggested four-step approach Step 1: Is there such a record? YES  NO  analysis stops no record access Step 2: Is the requester entitled to access the record pursuant to statute or court decision NO  YES  record access permitted Step 3: Is the requester prohibited from accessing the record pursuant to statute or court decision? NO  YES  analysis stops no record access Step 4: Does the balancing test compel access to the record? YES  NO  analysis stops no record access record access record access permitted permitted

4. Special Issues Privacy and reputational interests Crime victims and their families Law enforcement records Children and juveniles Confidentiality agreements Personnel records and other employment-related records Records about the requester

5. Electronic records “E-mails and other records created or maintained on a personal computer or mobile device, or from a personal e- mail account, constitute records if they relate to government business.” “E-mails and other records created or maintained on a personal computer or mobile device, or from a personal e- mail account, constitute records if they relate to government business.” “[C]an include word processing documents, database files, e- mail correspondence, web-based information, PowerPoint presentations, and audio and video recordings “ “[C]an include word processing documents, database files, e- mail correspondence, web-based information, PowerPoint presentations, and audio and video recordings “ “Electronic records include content posted by or on behalf of authorities to social media sites … to the extent that the content relates to government business.” If social media is used, “the authority should adopt procedures to retain and preserve all such records” “Electronic records include content posted by or on behalf of authorities to social media sites … to the extent that the content relates to government business.” If social media is used, “the authority should adopt procedures to retain and preserve all such records”

6. Personal e-mails “Purely personal e-mails sent or received by employees or officers on an authority’s computer system, evincing no violation of law or policy, are not subject to disclosure in response to a public records request.” “Purely personal e-mails sent or received by employees or officers on an authority’s computer system, evincing no violation of law or policy, are not subject to disclosure in response to a public records request.” “Personal e-mails may take on a different character, becoming subject to potential disclosure, if they are used as evidence in a disciplinary investigation or to investigate misuse of government resources. A connection then would exist between the personal content of the e-mails and a government function” “Personal e-mails may take on a different character, becoming subject to potential disclosure, if they are used as evidence in a disciplinary investigation or to investigate misuse of government resources. A connection then would exist between the personal content of the e-mails and a government function”

7. Additional tidbits In Wisconsin, metadata is not subject to records requests however courts is other districts have held that it should be In Wisconsin, metadata is not subject to records requests however courts is other districts have held that it should be Records do not include “Materials which are purely the personal property of the custodian and have no relation to his or her office.” Records do not include “Materials which are purely the personal property of the custodian and have no relation to his or her office.” HOWEVER: E-mail sent or received on an authority’s computer system is a record. This includes personal e- mail sent by officers or employees of the authority. HOWEVER: E-mail sent or received on an authority’s computer system is a record. This includes personal e- mail sent by officers or employees of the authority.

8. Student Law Press Center Copyright - http://www.splc.org/wordpress/?cat=13 Copyright - http://www.splc.org/wordpress/?cat=13http://www.splc.org/wordpress/?cat=13 Cyber bullying - http://www.splc.org/wordpress/?cat=50 Cyber bullying - http://www.splc.org/wordpress/?cat=50http://www.splc.org/wordpress/?cat=50 Freedom of Information - http://www.splc.org/wordpress/?cat=11 Freedom of Information - http://www.splc.org/wordpress/?cat=11 http://www.splc.org/wordpress/?cat=11 School technology - http://www.splc.org/wordpress/?cat=51 School technology - http://www.splc.org/wordpress/?cat=51 http://www.splc.org/wordpress/?cat=51 Social Media - http://www.splc.org/wordpress/?cat=54 Social Media - http://www.splc.org/wordpress/?cat=54http://www.splc.org/wordpress/?cat=54

9. Cyberbullying – Law and Policy Ced 555 - Week 4

10. Wisconsin Cyberbullying Laws “Wisconsin does not have specific cyberbullying law, but passed a comprehensive school safety law in 2010 which requires a school district without a bullying policy to either craft one, or adopt a model bullying policy offered by the Wisconsin Department of Public Instruction.” “Wisconsin does not have specific cyberbullying law, but passed a comprehensive school safety law in 2010 which requires a school district without a bullying policy to either craft one, or adopt a model bullying policy offered by the Wisconsin Department of Public Instruction.” “Wisconsin has an Unlawful Use of Computerized Communication Systems law (Wis. Stat. Ann. Sec. 947.0125) which criminalizes intentional intimidation, threats, or abuse via electronic communication... can be used to prosecute cyber bullies.” “Wisconsin has an Unlawful Use of Computerized Communication Systems law (Wis. Stat. Ann. Sec. 947.0125) which criminalizes intentional intimidation, threats, or abuse via electronic communication... can be used to prosecute cyber bullies.” http://www.ncsl.org/research/civil-and-criminal-justice/cyberbullying-and-the-states.aspx

11. Wisconsin Cyberbullying Laws Wisconsin Statute §118.13 – Pupil discrimination prohibited Wisconsin Statute §118.13 – Pupil discrimination prohibited Wisconsin Statute §118.13 – Pupil discrimination prohibited Wisconsin Statute §118.13 – Pupil discrimination prohibited Wisconsin Statute §118.46 – Policy on bullying Wisconsin Statute §118.46 – Policy on bullying Wisconsin Statute §118.46 – Policy on bullying Wisconsin Statute §118.46 – Policy on bullying DPI Model Policy – http://sspw.dpi.wi.gov/files/sspw/doc/modelbullyingpolic y.doc DPI Model Policy – http://sspw.dpi.wi.gov/files/sspw/doc/modelbullyingpolic y.doc http://sspw.dpi.wi.gov/files/sspw/doc/modelbullyingpolic y.doc http://sspw.dpi.wi.gov/files/sspw/doc/modelbullyingpolic y.doc Find out more at http://www.stopbullying.gov/laws/wisconsin.html Find out more at http://www.stopbullying.gov/laws/wisconsin.html http://www.stopbullying.gov/laws/wisconsin.html Term used: bullying Term used: bullying Covers cyberbullying Covers cyberbullying School districts are required to address bullying via policy School districts are required to address bullying via policy

12. Proposed Changes to Wisconsin’s Bullying Law (2013 Senate Bill 184) Bill text: http://openstates.org/wi/bills/2013%20Regular%20Sessi on/SB184/documents/WID00023777/ Bill text: http://openstates.org/wi/bills/2013%20Regular%20Sessi on/SB184/documents/WID00023777/ http://openstates.org/wi/bills/2013%20Regular%20Sessi on/SB184/documents/WID00023777/ http://openstates.org/wi/bills/2013%20Regular%20Sessi on/SB184/documents/WID00023777/ Article discussing proposed changes: http://cyberbullying.us/wisconsin_bullying_law_2013_se ntate_bill_184/ Article discussing proposed changes: http://cyberbullying.us/wisconsin_bullying_law_2013_se ntate_bill_184/ http://cyberbullying.us/wisconsin_bullying_law_2013_se ntate_bill_184/ http://cyberbullying.us/wisconsin_bullying_law_2013_se ntate_bill_184/

13. NSBA Legal Clips http://legalclips.nsba.org/ http://legalclips.nsba.org/ Nevada school district loses effort to dismiss student’s claim that discipline for off-campus Twitter speech violated First Amendment - http://legalclips.nsba.org/2013/07/25/nevada-school- district-loses-effort-to-dismiss-students-claim-that- discipline-for-off-campus-twitter-speech-violated-first- amendment/ Nevada school district loses effort to dismiss student’s claim that discipline for off-campus Twitter speech violated First Amendment - http://legalclips.nsba.org/2013/07/25/nevada-school- district-loses-effort-to-dismiss-students-claim-that- discipline-for-off-campus-twitter-speech-violated-first- amendment/ http://legalclips.nsba.org/2013/07/25/nevada-school- district-loses-effort-to-dismiss-students-claim-that- discipline-for-off-campus-twitter-speech-violated-first- amendment/ http://legalclips.nsba.org/2013/07/25/nevada-school- district-loses-effort-to-dismiss-students-claim-that- discipline-for-off-campus-twitter-speech-violated-first- amendment/ Sua Sponte: NSBA files amicus brief urging Supreme Court review of Third Circuit’s “I ♥ boobies” decision - http://legalclips.nsba.org/2014/01/09/sua-sponte-nsba- files-amicus-brief-urging-supreme-court-review-of-third- circuits-i-%E2%99%A5-boobies-decision/ Sua Sponte: NSBA files amicus brief urging Supreme Court review of Third Circuit’s “I ♥ boobies” decision - http://legalclips.nsba.org/2014/01/09/sua-sponte-nsba- files-amicus-brief-urging-supreme-court-review-of-third- circuits-i-%E2%99%A5-boobies-decision/ http://legalclips.nsba.org/2014/01/09/sua-sponte-nsba- files-amicus-brief-urging-supreme-court-review-of-third- circuits-i-%E2%99%A5-boobies-decision/ http://legalclips.nsba.org/2014/01/09/sua-sponte-nsba- files-amicus-brief-urging-supreme-court-review-of-third- circuits-i-%E2%99%A5-boobies-decision/