Cyberbullying, Sexting and Social Networking 1. Familiarization with the applicable state and federal laws associated with potentially disrupting electronic communications 2. Suggestions for implementing effective school or district policies regarding electronic communications 3. Tips for safe use of electronic communications by both student and staff

1. Cyberbullying, Sexting and Social Networking
© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010
Program Objectives: What three things will participants learn from this session that can be
implemented?
1. Familiarization with the applicable state and federal laws associated with potentially
disrupting electronic communications
2. Suggestions for implementing effective school or district policies regarding electronic
communications
3. Tips for safe use of electronic communications by both student and staff
Adapted from presentation to CRHS administration on 3/30/2010
by Arlen Kimmelman, Librarian, Clearview Regional HS: http://bit.ly/dn3IHA

2. Cyberbullying, Sexting and Social Networking
© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010
Part 1: Familiarization with the applicable state and federal laws associated with
potentially disrupting electronic communications
NJ Legislature
I. Bill Search: http://www.njleg.state.nj.us/Default.asp
II. Statutes: http://bit.ly/1gmH4c
III. Email notification for selected bills:
http://www.njleg.state.nj.us/bills/BillsSubscriptionLogin.asp
NJ Cyberbullying Law as of July 2010 : http://bit.ly/bvAEXM
Relevant NJ Bills in 2010-2011 Session:
Cyberbullying: http://www.njleg.state.nj.us/2010/Bills/A3500/3328_I1.HTM
Harassment: http://www.njleg.state.nj.us/2010/Bills/A3500/3409_I1.HTM
Sexting: http://www.njleg.state.nj.us/2010/Bills/A2000/1561_I1.HTM
Social networking: http://www.njleg.state.nj.us/2010/Bills/A3000/2689_I1.HTM
http://www.njleg.state.nj.us/2010/Bills/S0500/326_I1.HTM
Relevant Keyword Searches in NJ Statutes:
„Child‟/„Internet‟: 2C:43-3.8 : http://bit.ly/9pN8Uv and 2C:7-2: http://bit.ly/9d3x1G
„Bullying‟: 18A:37-15.1 : http://bit.ly/bh0Fes and
complete search results for „Bullying‟ http://bit.ly/8YxXxB
Note: definitions in 18A:37-14 http://bit.ly/cqM6OX
„Online‟: 52:17B-193: http://bit.ly/aglbL7 and 2C:43-3.8: http://bit.ly/9tiVKE
„Sexting‟: NONE!
„Texting‟: NONE!
„Social Networking‟: NONE!
NJ’s County Prosecutors: http://bit.ly/cc9phx
There Isn‘t A Moment To Lose: An Urgent Call for Legal Reform and Effective Practices to
Combat Bullying in New Jersey Schools, Report of the New Jersey Commission on Bullying in
Schools, December 15, 2009, http://bit.ly/azTkJX
Table of Contents
Brief Overview of Findings and Recommendations ..................................................1
Summary of Findings ......................................................................................................5
Summary of Recommendations ......................................................................................6
Background on the New Jersey Commission on Bullying in Schools .............................8
Overview of Current State of Laws Pertaining to Bullying Issues .........................11
The New Jersey Law Against Discrimination (LAD) Also Provides
Limited Protections for Some Victims of HIB .....................................................12
The New Jersey Bias Intimidation (BI) Statute Provides Limited Protections
for Victims of Criminal Conduct That Sometimes Includes HIB .........................12
The New Jersey Anti-Bullying Law as the Principal Legal Mechanism
for Addressing HIB in Schools .......................................................................14
Recommendation #1-22: ..........................................................................................14-43
Conclusion and Appendices .....................................................................................46-62

3. Cyberbullying, Sexting and Social Networking
© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010
Part 2: Suggestions for implementing effective school or district policies regarding
electronic communications
My School‟s Policies: http://writer.zoho.com/public/pseudandry/schoolpolicies
Social Networking Primer for School Boards: http://bit.ly/dopTUC
New Jersey‟s Model Policy and Guidance for Prohibiting Harassment, Intimidation and Bullying
on School Property, at School-Sponsored Functions and on School Buses (Revised November
2008) http://www.state.nj.us/education/parents/bully.pdf
Reviewing and Updating Your Harassment, Intimidation and Bullying Policy Tip Sheet from
Rutgers http://bit.ly/aNWRXq
Section #2 – Statute and Regulatory Requirement
The policy shall contain a definition of harassment, intimidation or bullying, no less inclusive
than the definition set forth in the model policy. N.J.S.A. 18A:37-15(3)(b)(2) and N.J.A.C.
6A:16-7.9(a) 2ii
Issues for Consideration in Local Policy Development
1. Does the policy address bullying incidents not motivated by characteristics such as the
target‟s race, color, religion, gender, or sexual orientation?
2. Do district policies and procedures address and impose consequences for acts of HIB that
occur off of school grounds including all forms of electronic communication, such as cyber-
bullying?
3. Does the definition of HIB include “any electronic communication?”
4. Does the policy provide clear examples of what is meant by “electronic communication?”
Resources from University of San Diego School of Leadership and Education Sciences,
Center for Education Policy and Law:
A. Helping School Personnel Control Student Misuse of Electronic Communication Devices
On and Off Campus - October 2010,
University of San Diego Center for Education Policy and Law: http://bit.ly/cidvxA
B. Suggested Student Discipline Rules (Short Version), Student Misuse of Electronic
Communication Devices in Junior High and High Schools, (2 pp.) http://bit.ly/9HZPTe
Center for Education Policy and Law • University of San Diego, October 2010
C. Suggested Student Discipline Rules (Long Version), Student Misuse of Electronic
Communication Devices in Junior High and High Schools, (4 pp.) http://bit.ly/ctrjNn
Center for Education Policy and Law • University of San Diego, October 2010
(Continued on next page)

4. Cyberbullying, Sexting and Social Networking
© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010
D. Free Speech and Privacy Dimensions Of Student Misuse of Their Own Electronic
Communication Devices in Elementary and Secondary Schools: A Review of the Issues
and Related [CA] Law, http://bit.ly/c5HQ1e
Frank Kemerer, Professor-in-Residence, School of Law and School of Leadership and
Education Sciences • University of San Diego, October 2010
E. Suggested School District Policy: Student Misuse of Electronic Communication Devices,
Center for Education Policy and Law • University of San Diego, October 2010,
http://bit.ly/aMpmZB
F. Resources for Learning about Electronic Communication Devices,
Center for Education Policy and Law • University of San Diego, Information compiled by
Megan Cramer, Research Assistant, July 2010, http://bit.ly/czh2Yi

5. Cyberbullying, Sexting and Social Networking
© Arlen Kimmelman , Ed.M., M.A., NBCT NJASL, December 3-4, 2010
Part 3: Tips for safe use of electronic communications by both student and staff
Safety Tips: http://writer.zoho.com/public/pseudandry/safetytips
Cyber Safety Tool Kit: Solutions for Schools, NJPSA‟s [New Jersey‟s Principals and
Supervisor‟s Association], © 2009: http://www.njpsa.org/documents/pdf/bully.pdf
1. Cyber Problems (p.2)
a. Cyber Bullying
b. Cyber Predators
c. Cyber Memory
d. Cyber Crime
e. Cyber Cheating
2. Solutions for Cyber Safety (p.4)
a. Prevent Cyber Bullying
3. What the Law Requires: Legal Issues Related to Cyber Bullying (p.8)
a. Legal Definition of Bullying
b. Conduct Away from School Grounds
c. Cyber Bullying and Student Due Process Rights
d. Landmark N.J. Supreme Court Decision Sets New Standard
e. Case Law Regarding Student Discipline and Cyberspace
f. Searches of Cell Phones and Other Hand Held Devices
4. Additional Steps for Cyber Safety (p.14)
5. Agencies Investigating Cyber Crime (p. 16)
6. Talking Points to Use with School Staff (p. 17)
a. Talking Points to Use with Families
7. Tips for Families of Middle and High School Students (p. 20)
8. Tips for Families of Elementary Students (p. 22)
9. Links and Resources (p. 24)
10. Welcome to Cyberspace: The New Vocabulary (p. 27)
11. Top 15 Social Networking Sites (p. 30)