Newswise — Advances in technology are posing a growing dilemma for public schools as they examine how to balance student freedom of speech and student safety. Janet Decker, an assistant professor in the educational leadership program of UC’s College of Education, Criminal Justice, and Human Services (CECH), will present, “Cyberbullying, Sexting and Cell Phones: Legal Guidance About Student Issues” at the 12th Annual Ohio School Improvement Institute (OSII) Nov. 17-18 in Columbus, Ohio.

Recent figures from the National Center for Education Statistics find that 25 percent of high school students reported they had been bullied at least once during the 2008-09 school year, and that seven percent of them were targets of cyberbullying.

Decker’s research interests cover law and cyberbullying. She says technology has evolved more quickly than the law, leaving school officials with limited legal guidance on how to address these attacks.

Decker says national research holds some surprising revelations about student cyberbullies, including that the majority of them tend to be female and target other females, and that they can also be popular students with strong self esteem.

Decker reports that 47 states now have anti-bullying legislation and 8 states now have anti-cyberbullying legislation. However, many more states have legislation pending that addresses cyberbullying specifically. She adds that 21 states introduced “sexting” legislation, including Ohio House Bill 53, which “prohibits a minor to use a telecommunications device and knowingly share, exchange, send or post a photograph, video or other material that shows a minor in a state of nudity.”

The Ohio Department of Education has outlined standards to guide schools on prevention and reporting of bullying including cyberbullying, as well as discipline for behavior that occurs away from school property. Decker says schools can be held liable in cases of harassment under Title IX legislation if they act with ‘deliberate indifference’ to student harassment.

Decker is a former special education teacher who earned her Juris Doctor and PhD in education leadership and policy studies.

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