Courts reinforce school discipline should be limited to on-campus conduct

A recent L.A. Times Opinion cited court decisions that emphasize how careful school leaders must be when dishing out discipline for cyberbullying of their students. Here’s an excerpt of that opinion column:

Mean girls -- and mean boys -- have been terrorizing their classmates since the first schoolhouse was built. Recently, however, teachers and administrators have adopted elaborate programs to prevent and punish such cruelty. Now that trend is colliding with another one: bullying online. School administrators across the nation are trying to rein in cyber-bullying, and some judges have been ruling against the crackdowns. The judges are right.

We feel for the Beverly Hills eighth-grader who complained that she had been described as "spoiled," a "brat" and a "slut" in a YouTube video posted by a classmate. But sympathetic school officials went too far in suspending the girl who produced the video. Punishing the student for behavior outside the school was illegal, wrote U.S. District Judge Stephen V. Wilson, "without any evidence that such speech caused a substantial disruption of the school's activities."

Public schools rightly prevent students from insulting one another in the classroom, where even verbal disputes can interfere with a lesson, or elsewhere on school grounds, where conflicts can undermine discipline and order. But traditionally they haven't sought to extend discipline to cover conduct outside school hours. The new wrinkle created by cyber-bullying doesn't alter that practical division of labor between teachers and parents.

The advent of the Internet has eroded an endless number of formerly clear distinctions, including those based on physical location. Still, educators should recognize the reasonable limits of their authority and confine their discipline to girls and boys who are mean to one another -- or to their principal -- at school.

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Source: The Los Angeles Times, 1.2.10