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Shaping the Future of Education Through Technology summer 2016

| issue one

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PERMIT NO. 316 SACRAMENTO, CA

PRST.STD. U.S. POSTAGE

A CALIFORNIA EDUCATIONAL TECHNOLOGY PROFESSIONALS ASSOCIATION PUBLICATION

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the legal do’s and don’ts when investigating “revenge porn”

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the essential cybersecurit y toolkit

protecting student data


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c o n t e n t s Issue 1 EdTech | Summer 2016

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a d v o c a c y

PRESIDENT’S MESSAGE

EdTech Journal is the official publication of the California Educational Technology Professionals Association (CETPA). EdTech Journal is published twice a year as a service to our members and information technology managers for California’s K-12 and secondary education school systems.

technology is rapidly transforming education BY AARON BARNETT

13 governor brown signs minimum wage increase BY BARRETT SNIDER

The CETPA and the EdTech Journal assume no responsibility for the statements or opinions appearing in articles under an author’s name. The services of an attorney or accountant should be sought in legal and tax matters. All copyrights and trademarks are property of their respective owners. Except where otherwise noted, content in EdTech Journal is licensed under a Creative Commons Attribution 3.0 License.

PUBLISHER California Educational Technology Professionals Association EDITOR Lisa Kopochinski lisakop@sbcglobal.net ADVERTISING MANAGER Cici Trino Association Outsource Services (916) 990-9999 cicit@aosinc.biz

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the legal do’s and don’ts when investigating “revenge porn” BY GRETCHEN SHIPLEY

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14 protecting student data BY STEVE CARR AND DANA GREENSPAN

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56TH ANNUAL CETPA CONFERENCE

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AD INDEX t h e

p r o f e s s i o n a l

11 the essential cybersecurit y toolkit BY AARON BARNETT AND JON ROBINSON If undeliverable, return to: 915 L Street #C424 Sacramento, CA 95814

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BOARD OF DIRECTORS PRESIDENT AARON BARNETT Director, Information Systems/Technology Moreno Valley Unified School District aaron.barnett@cetpa.net

PAST PRESIDENT PETER SKIBITZKI Director of Administrative Operations Placer County Office of Education peter.skibitzki@cetpa.net

PRESIDENT ELECT

Technology Innovation

STEPHEN CARR Chief Technology Officer Ventura County Office of Education stephen.carr@cetpa.net

TREASURER JULIE JUDD Chief Technology Officer Ventura Unified School District julie.judd@cetpa.net

SECRETARY BRIANNE FORD Chief Technology Officer Irvine Unified School District brianne.ford@cetpa.net

DIRECTORS-AT-LARGE MAX EISSLER Chief Technology Officer Martinez Unified School District max.eissler@cetpa.net

DAVID GOLDSMITH Hanford Elementary School District Director, Information Systems dgoldsmith@hesd.12.ca.us | dgoldsmith@hesd.k12.ca.us

ROLLAND KORNBLAU CETPA Director rolland.kornblau@cetpa.net

TIM LANDECK CETPA Director Pajaro Valley Unified School District tim.landeck@cetpa.net

LORRIE OWENS Administrator, Information Technology Services San Mateo County Office of Education lorrie.owens@cetpa.net

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EXECUTIVE DIRECTOR ANDREA BENNETT CETPA andrea.bennett@cetpa.net

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TECHNOLOGY is RAPIDLY TRANSFORMING EDUCATION by a aron barnet t

ollowing Moore’s law where the number of transistors in a circuit doubles every two years, technology is growing at an exponential rate, creating a world that was unimaginable even a decade ago. New topics like the Internet of Things, Big Data, The Device Mesh, Driverless Cars, Virtual and Augmented Realities, and 3D printing materials are no longer just buzzwords but have become a reality. Technology is also transforming education at an equally rapid pace, pushing us to prepare the 6.2 million California students to be college and career ready and preparing them for jobs that don’t even exist yet. As president of CETPA, it as honor for me to serve one of the best educational technology organizations and technical resources in the nation. Our membership is filled with incredible wisdom, expertise and technical knowledge — all of which is so graciously shared amongst our members. I’m proud to know that CETPA has been preparing for 56 years to tackle this digital revolution and is in a perfect position to deliver technology and innovation to the millions of students in California.

a aron barnet t is the direc tor of information systems / technology at the moreno valle y usd . he is currently serving as president of the cetpa board of direc tors and can be re ached at abarnet t @ mvusd . net

In February, we had our opening kickoff for the 10th CTO mentor program in Sacramento. This program has continued to raise the bar for technology leaders to create a community of support through mentorship, collaboration, and training. This incredibly successful program has graduated more than 200 candidates who have since grown into some of the most influential and important K-12 technology leadership roles in California. And this year is no exception as the 2016 cohorts are filled with inspiring, motivated, and professional individuals stepping forward as the future leaders in educational technology.

Our membership is filled with incredible wisdom, expertise and technical knowledge— all of which is so graciously shared amongst our members. and leadership to make this such a wonderful success.

As the concerns for student data privacy increased and new legislation was introduced through bills like AB 1584, CETPA partnered with the California County Superintendents Educational Services Association (CCSESA) and Fagen Friedman & Fulfrost on a collaborative project to create a Data Privacy Guide. This guide provides an overview of some of CETPA has seen continued growth with our Region- the key laws governing student data privacy and is al Groups. Sixteen groups now spread across the state a great resource for our membership. This privacy produce an environment where technologists can guide can be located on the CETPA website. meet, collaborate, share ideas, and embrace innovation while finding technical solutions to improve the As cyber threats exponentially increase in magnitude education of our students. I want to thank all of the and sophistication, attackers are rapidly outstripping regional group chairs who have dedicated their time

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The Legal Do’s and Don’ts When Investigating Revenge

PORN by gretchen shipley

R

evenge porn is a term commonly given to the situation when a nude or partially nude image is taken consensually or non-consensually and then distributed electronically to others with the intent to harass, embarrass, or annoy the person in the image. This form of harassment can present school administrators and IT departments with a host of legal challenges as you work to investigate allegations and help to keep your campuses free from harassment and cyber harassment. The purpose of this piece is to expose the myriad of potential legal pitfalls one may encounter after discovering “sexting” (transmission of a nude electronic image) of a minor at school and to provide guidance on how to navigate those legal issues.

Despite years of responsible use of technology training and digital citizenship education, the instances of sexting and revenge porn on school campuses has sharply increased. In fact, the Los Angeles County Sheriff recently issued a public statement calling upon celebrities to recognize their position as role models and to refrain from voluntarily posting nude or partially nude images publicly on social media. While sexting and revenge porn may sound as harmless as a couple of adolescent boys snickering at a Playboy magazine, they are actually extremely dangerous and have resulted in a number of teenage suicides. Sharing nude images of a minor also can give rise to claims of sexual harassment; creation, possession or distribution of child pornography; child abuse; child neglect; negligent supervision; intentional infliction continued on 17

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THE ESSENTIAL CYBERSECURITY

TOOLKIT by a aron barnet t and jon robinson

As cyber threats exponentially increase in volume, diversity, and sophistication, they rapidly outstrip our ability to safeguard critical data, applications, and systems. To ensure we build appropriate cyber defenses, it has become critical to gain an understanding about the tools and methods that are used to compromise our systems. One way to start this process is to build a security toolkit and learn how these tools work. Here are some recommended tools that will assist anyone who is responsible for cybersecurity. a aron barnet t is the direc tor of information systems / technology at the moreno valle y usd . he is currently serving as president of the cetpa board of direc tors and can be re ached at abarnet t @ mvusd . net

NMAP

NMAP (short for Network Mapper) is a free tool that you can use for a wide variety of tasks because it is easy to get started yet extensible for power users. Any time spent learning NMAP will reward you many times over. Know Thyself. The ancient Greek aphorism should be applied to your security program. Knowing what you are trying to protect is a primary goal that should be maintained. NMAP can be used to start and maintain a list of hosts on your network, hosts you are exposing to the Internet. It’s not uncommon for someone to point NMAP at their own external network and find something they needed to remove.

jon robinson is president of digital scepter , a securit y reseller and integr ator with a focus on k 12 school distric ts . jon has been helping school s with securit y since 2002 . he can be re ached at jon @ digital scepter . com .

NMAP is one of the most useful tools for network and security engineers who need to do network discovery and auditing. Want to quickly verify a host is listening on port 80? Simple: nmap -p 80 <host-IP>. Need to quickly find out which hosts are listening on which ports on a certain network? NMAP makes that quick and easy. Keeping an accurate list of what you are exposing to the Internet is important. NMAP is an easy way to set that up. Here’s how to build an inventory of your Internet facing hosts.

Download and install NMAP and the GUI version called Zenmap: https://nmap.org/download.html. Get your district’s external IP address range. If you don’t know this, you can look your organization up at ARIN (https://www.arin.net) or ask your ISP. In this example the range is 192.168.1.1/24. Use Zenmap (the GUI version of NMAP) and enter 192.168.1.1/24 and select “intense scan”.Or on the command line, enter “nmap -T4 -A -v 192.168.1.1/24 -oX myScan” This will save the results in an xml file called myScan, which you can open in a browser. Open the file myScan.html that NMAP generated. Read the file and learn about your network. The -A switch told NMAP to gather more information such as probable OS and other open services. Run this scan on a regular basis to find unwanted services and hosts to limit your attack surface. For example, you can run it daily and compare to the previous day to make sure nothing unauthorized has changed. METASPLOIT FRAMEWORK

One of the most powerful tools in cybersecurity is an open source penetration tool called Metasploit. This tool can be used to develop and execute code to compromise remote target machines. Metasploit is also one of the most useful auditing tools available to cybersecurity professionals and can be used to test for vulnerabilities. Since Metasploit is a cutting edge modular exploitation framework, it allows developers to simplify the delivery of focused targeted payload in a cyber attack. Metasploit community for 32-bit and 64-bit Windows and Linux can be downloaded from http://www.metasploit.com/ download.

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cybersecurity toolkit

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A good example of using Metasploit to exploit a vulnerability can be found on Offensive Security’s website, https://www.offensive-security.com/ metasploit-unleashed/client-side-exploits. This hands-on example uses a digital social engineering attack and takes advantage of a client-side vulnerability.

FREE RESOURCES MS-ISAC: Consider joining the Multi State Infor-

mation Sharing and Analysis Center, which provides a number of benefits to local and state government entities including network monitoring, cyber-threat warnings and advisories, and incident response: https://msisac.cisecurity.org.

NIST: The National Institute of Standards and Technology special publications are a public service KALI LINUX to issue guidelines, recommendations, and reference Kali Linux (formerly known as BackTrack) is an materials for cybersecurity and risk management: advanced penetration, testing, and security auditing http://csrc.nist.gov/publications/PubsSPs.html. distribution that contains hundreds of cybersecurity OWASP: The Open Web Application Security tools focusing on penetration testing, forensics, and Project is a great place to get checklists to help secure reverse engineering. Kali Linux is committed to the your web applications such as your SIS: https:// open source development model and is completely www.owasp.org. free of charge; all of the source code is available for anyone who wants to modify packages to fit their CIS CRITICAL CONTROLS: Center for Internet needs. Kali includes password cracking tools, web Security maintains a list of recommended actions application scanners, Metasploit framework, SQL that provide specific ways to protect against the penetration tester, WiFi crackers, forensic tools, and most pervasive attacks: https://www.cisecurity.org/ many more useful security applications. Kali can be critical-controls.cfm. downloaded at https://www.kali.org/downloads.

If you are interested in becoming proficient with the Kali tools, Offensive Security offers the Penetration Testing with Kali Linux training course and a companion certification called the Offensive Security Certified Professional (OSCP). The OSCP challenges students to prove they have a clear and practical understanding of the penetration testing process and life-cycle through an arduous 24-hour certification exam.

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Vulnerability scanning is an important step in identifying and exposing weakness in your network. Having a vulnerability scanner in your security toolkit is critical and can often make a real difference by helping you discover vulnerabilities and patching the holes. The Open Vulnerability Assessment System (OpenVAS) is a free comprehensive and powerful vulnerability scanning and vulnerability management solution. OpenVAS was a branch from the last free version of Nessus after that tool went proprietary in 2005. OpenVAS plugins are still written in the Nessus NASL language. There is an OpenVAS package available for the Kali distribution: http:// www.openvas.org. I would recommend adding it to your Kali distribution. Here are instructions on how to install OpenVAS on Kali: https://www.kali.org/ penetration-testing/openvas-vulnerability-scanning.

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GOVERNOR BROWN

SIGNS MINIMUM WAGE INCREASE by barret t snider , capitol advisors group

On April 4, Governor Brown signed SB 3 (Leno), increasing the state’s minimum wage each year to eventually reach $15/hour in 2022, unless the increases are temporarily delayed due to certain economic and budget conditions. California will soon have the highest minimum wage in the country.

O

ver the past few years, there have been several bills seeking to significantly raise California’s minimum wage, but those efforts floundered when Governor Brown expressed concerns over costs. SB 3 differs from those prior proposals by implementing the changes over a six-year period and allowing for economic and budgetary “off-ramps.” The bill was sponsored by a coalition of labor groups and opposed by a wide range of business organizations. The sudden agreement to raise the minimum wage caught many off guard. Prior to passage of SB 3, two potential ballot measures to raise the state’s minimum wage were circulating for signatures to be placed on the November ballot. Polling indicated strong voter support for those measures. The agreement between Governor Brown and Legislative Democrats is a much softer implementation of a minimum wage increase and leaves them with a greater degree of control than would have been the case with either ballot measure. The deal was a recognition of a political reality. According to state estimates, there are approximately 7 million hourly workers in California, of which approximately 2.2 million earn a minimum wage. The Department of Finance estimates costs of $3.6 billion to the General Fund for state employees upon full implementation (upon reaching $15/hour for all employees). Specifically, SB 3 (Leno) does the following:

THE SUDDEN AGREEMENT TO RAISE THE MINIMUM WAGE CAUGHT MANY OFF GUARD. PRIOR TO PASSAGE OF SB3, TWO POTENTIAL BALLOT MEASURES

MINIMUM WAGE INCREASE SCHEDULE The current minimum wage in California is $10/ hour. The bill provides the following scheduled increases to the state’s minimum wage for employers who employ 26 or more employees: 1.

Starting January 1, 2017, increases the minimum wage to $10.50 per hour

2.

Starting January 1, 2018, increases the minimum wage to $11 per hour

3.

Starting January 1, 2019, increases the minimum wage to $12 per hour

4.

Starting January 1, 2020, increases the minimum wage to $13 per hour

5.

Starting January 1, 2021, increases the minimum wage to $14 per hour

6.

Starting January 1, 2022, increases the minimum wage to $15 per hour

TO RAISE THE STATE’S MINIMUM WAGE WERE CIRCULATING FOR SIGNATURES TO BE PLACED ON THE NOVEMBER BALLOT.

and rounded to the nearest 10 cents. If there is no change in the US CPI-W, or if it is negative, there is to be no change in the minimum wage. Each adjustment to the minimum wage takes effect the following January 1. This indexing was a big political win for Democrats, who have argued the state’s minimum wage should automatically move with changes in the cost of living.

Note: The law also says that if the change in the US CPI-W exceeds 7% in the first year of implementation, the indexing provisions described above shall Once the implementation of the $15/hour mini- be implemented immediately (effective the following mum wage is reached for all employees, on or before January 1). We think that is highly unlikely. August 1 of that year (and each year thereafter), increases to the minimum wage are tied to the U.S. SMALL BUSINESS DELAY Consumer Price Index for Urban Wage Earners and The above schedule is delayed by one-year for emClerical Workers (US CPI-W), not to exceed 3.5%, ployers with 25 or fewer employees. continued on 21

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PROTECTING STUDENT by steve carr and dana greenspan

DATA of student data.

rotecting the privacy of student data is a hot topic these days. Cloud computing has changed the landscape as districts no longer house student data on local servers. Connect this move to the cloud with the ease of access to educational applications and the monetization driving the Internet and the result is education apps coming under scrutiny as parents and educators share concerns over protecting the privacy

Federal and state legislators have heard these concerns, and in the past year more than 180 student privacy bills have been proposed nationwide (source: Data Quality Campaign). California is leading the way with AB 1584 (effective January 1, 2015) and SB 1177 aka SOPIPA (effective January 1, 2016). AB 1584 requires new and renewing education technology contracts to include language describing how

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the vendor meets the nine requirements of the law. SOPIPA establishes restrictions on using student data for marketing and protects students’ personally identifiable information (PII). Along with the existing requirements of FERPA, PPRA, COPPA and CIPA, these new laws have placed a huge compliance burden on school districts as they struggle with how to review contracts and assess enterprise applications, plus inventory and assess the many “one-off ” apps used in individual classrooms; all while avoiding huge legal fees or the redundancy of multiple districts duplicating efforts.

mented and shared, and will work on developing resources, strategies, and communication messaging to address common areas, identified via a survey, as needing improvement. An initial area of work will look at developing use cases for student data, which define the relationship between systems and its users; determine sensitivity levels of K-12 student data; and establish guidelines to review which staff throughout an LEA should have access to what data. iKeepSafe and F3 will document the committee’s work via a whitepaper and videos for other interested districts to follow. To make this a well-rounded and effective committee, representatives should come not only from IT, but from all areas including HR, communication, counseling, district/ site administrators, clerical, TOSAs, teachers, health, school safety, and parents.

Not wanting to see the progress in 21st-century learning environments slide backwards and to avoid districts turning off digital resources until compliance is met, the Ventura County Office of Education (VCOE) brought together Fagen, Friedman and Fulfrost (F3), California Educational Technology Although the task can be daunting due to the sheer Professionals Association (CETPA), and iKeepSafe number, districts should take the time to inventory last October. their applications. As of December 2015, education Together, these leaders brainstormed statewide apps earned third place behind games and business solutions to coordinate efforts and ease the burden apps in the iTunes App Store with 9.4 percent of the on districts and teachers. One outcome of this col- 1.5 million apps, while Google Play showed more laboration was the California Student Privacy Badge than 151,000 education apps (sources: statista.com launched at the CETPA Conference 2015. iKeepSafe and appbrain.com). awards the badge to vendors whose products have After knowing what apps are used, districts can begin undergone both FERPA and SOPIPA policy and to refine the list across grade levels and content areas technical reviews. in order to identify key apps that are most valuable In the technical review, iKeepSafe logs in as a student, parent, and teacher to ensure the application maps to its policies and does not share data with undisclosed third parties. However, only a technical map, such as the one done by iKeepSafe, can ensure the data are doing what the app developer says it does.

in accomplishing student learning objectives. With a list, districts can ensure rigor and consistency, be better equipped to measure student outcomes and assess—which apps are most effective in meeting educational goals, plan ongoing professional development and support, and address compliance.

As districts have inventoried and identified their major applications (e.g., student information systems, student assessment systems, learning management systems, communication systems, etc.) and they are about to sign, renew, or provide addendum to their contracts, they need to reach out to their vendors and encourage them to go through an objective review such as the iKeepSafe badging process. Vendors need to hear directly from their customers so that they know where and how student data is being protected (a sample letter can be found on the VCOE website at www.vcoe.org).

Transparency with stakeholders in what applications are used throughout your district, and what individual apps are used in your classroom is vital. Sharing the educational goals behind the digital content eases parent concerns and builds overall trust. Posting this information on a district or class webpage and in the student handbook should become common practice.

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Transparency with stakeholders in what applications are used throughout your district, and what individual apps are used in your classroom is vital. nnn

It’s positive to see some districts share lists of vetted applications, but without shared criteria and norming, it’s difficult to know how the vetting was done. Districts in Massachusetts have created the MasAnother outcome of this collaboration is the forma- sachusetts Student Privacy Alliance (MSPA) to detion of an e-Safety Committee Task Force led by velop privacy standards and common expectations. VCOE for all Ventura County districts. The purpose All too often, protecting the privacy of student data is to address shared e-Safety issues involving policies, is thought be an IT issue, but the opposite is true. programs, systems, and incident response, as well as “You are the firewall,” is a favorite saying of Dr. Robert model an e-Safety Committee for replication within Pittman, Chief Information Security Officer of Los a local education agency (LEA). The Task Force will identify best practices that can be readily docucontinued on 16

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protecting student data

• Is the data shared with third parties or sold for marketing purposes?

Angeles County. Everyone who touches data needs to be sure they first, need access; and second, engage in all-around safe digital practices. Losing a laptop with sensitive data or responding to a phishing email can put an entire network full of student and staff data at risk. Raising awareness and understanding the implications of personal digital use encourages us to conduct ourselves more responsibly online. The district network is safer, and we become better digital citizens and role models for students.

• How is data deleted after it’s no longer used, and does it meet your district specifications for use?

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ste ve has been the chief technology officer for the ventur a count y office of education for the l ast

10 ye ars . he manages a department consisting of educational technology specialists , applications , net work and systems , de vice support, and oper ations te am serving over 145,000 students and staff. he has been a board member of cetpa for the l ast 11 ye ars and is currently the president- elec t. he began his career in education as an

8 th

gr ade american history te acher

in the hueneme school distric t in

1982 . he can be re ached at scarr @ vcoe . org .

• What is the vendor’s process in the event of a data breach?

If the application fails the privacy test, then look for other apps that are compliant. Model this behavior for other educators. When presenting at a CUE conference or other events, spend a moment talking about student privacy and how the apps you chose As a teacher, you might ask, “What’s my role?” Before either meet district requirements or a privacy policy using an application, first look to see if your district review. has a protocol for selecting applications and see if it meets the criteria. If there is no formal process, look The goal around student privacy is to begin an at the app’s Privacy Policy and Terms and Conditions awareness campaign with all of our stakeholders and inform them that we need to be aware of what data and ask yourself: is being collected, by whom and for what reasons. • Is this site intended for use by students under Greater awareness and attention to protecting the age 13? privacy of student data builds a safer learning envi• What student data is collected? ronment for us all. • Who collects the data?

Infinity already serves 15% 17% 18% 20+% of all California school districts. Our goal is to serve you too.

in her role as ed tech specialist with the ventur a count y office of education for the past eight ye ars , dana greenspan has acquired and shared e xpertise in digital citizenship and most recently, in the are a of protec ting the privacy of student data . as co - cre ator of the online ca digital citizenship course , she is commit ted to ensuring students and staff pr ac tice safe and ethical

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online behaviors , and has worked with local distric ts to build strong progr ams centered on proac tively engaging stakeholders in incidence response and norming discipline of digital incidents . she can be re ached at dgreenspan @ vcoe . org .

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Because school districts routinely conduct cyberbullying investigations, it may be a good practice to publish a notice of this investigation technique at the beginning of the school year and invite parent input at a school board meeting. While investigations may be a drawn-out process, it is important that the school district reach out to the victim early in the process. It may seem like common sense, but many districts have been initially frustrated with the “victim” because the victim may be the person who initially took the photo of themselves and shared it with a boyfriend or girlfriend. In other words, the victim may be viewed as starting the whole problem. Nevertheless, once the image is shared without consent, it is considered harassment and cyberbullying by which the student is victimized, so the student victim should be protected as such. investigating revenge porn

continued from 9

of emotional distress; bullying; First Amendment (free speech) violations; Fourth Amendment (privacy) violations; and a host of additional grounds for civil and criminal legal action and school discipline. When a school district staff member or administrator learns that there may be a sexting image on a student’s personal or school-issued device, the first step is to investigate. Because sexual images of a minor are technically child pornography, a Class 4 felony for which punishment may include lifetime registration as a sex offender, among other consequences, is wise to request that law enforcement conduct and/ or guide the district on any necessary search and seizure of student devices. Should a staff member or administrator encounter sexual images of a minor, they should be sure not to forward the image or message to anyone and immediately turn the image or message over to law enforcement as evidence. At the same time, staff should be mindful that student disciplinary proceedings are separate and apart from any criminal investigation or proceedings and therefore, district staff may need to record witness statements about the images to use as evidence in a student discipline matter. Similarly, sexting and revenge porn often fall within the scope of cyberbullying and therefore, specific legal requirements and procedures for bullying investigations should likely be followed. A school district has broad discretion to search district-owned property and devices. A school district should also be able to search a student-owned device without consequence if the student voluntarily gives permission to have the device searched. The rule used to be that a school district could also

search a student-owned device if it had “reasonable For example, rather than proceeding with traditional suspicion” that the student-owned device was used discipline, a school district may want to consider counseling for the victim. If it is anticipated that the for misconduct. student may harm themselves or others, even if only However, recent legislation in California has called reported to a counselor, parents should be informed. into question a school district’s authority to search Otherwise, the school district may be guilty of a student-owned device. As written, Senate Bill negligence. Finally, if the nude images involve any 187 states that a school district cannot compel the suspected child neglect or abuse, those are reportproduction of a device or access the information able offenses under the CAANRA and should be from a device from anyone other than an “authorized reported to CPS or law enforcement immediately. possessor” or with specific consent (Penal Code 1546.1(a)(2) and (3), and 1546(k)). However, it Unfortunately, sexting is a trend that does not seem to is anticipated that this legislation may be subject be losing steam, so school districts should be armed to clarification by the legislature in the near future. with policies and protocols on how to address it. By Further complicating the issue are scenarios when it anticipating the issues and being prepared, school is believed the sexting images have been distributed districts can avoid a significant amount of legal liwidely to student devices throughout campus. Just ability that can arise if all legal requirements are not like an individual search, a student-by-student search considered and followed. without reasonable suspicion could be problematic in the eyes of the law. On the other hand, school districts should err on the side of student safety by protecting the victim and working with law enforcement on any student searches, to the extent possible. If the alleged sexting or revenge porn was posted on social media, it may still be considered school-related cyberbullying and warrant the school district’s involvement. Requesting that a social media site remove a post can be a complex and fairly slow process. Each social media site has its own protocol for submitting and responding to requests for removal and what standards it applies in agreeing to remove content. Another recent law impacts a school district’s ability to collect information from student social media for disciplinary purposes. Specifically, Education Code section 49073.6 requires that school districts notify parents and conduct a public hearing prior to collecting any data from student social media accounts.

gretchen shiple y, partner at fagen friedman & fulfrost ( f 3 ) and co - chair of f 3 ’s emat ters pr ac tice group. f 3 ’s emat ters te am provides legal counsel and services to cetpa . she can be re ached at gshiple y @ f 3 l aw . com .

17 EdTech | Summer 2016


2016

CETPA CONFERENCE by andrea bennet t

The

plans for our 56th Annual Conference are well underway. We will begin the event on Election Day—November 8th, 2016 in Sacramento.

presidential debate that year. To Kill a Mockingbird by Harper Lee was published. In science, the first working laser was built by T.H. Mairman; the first weather satellite and the first communications satellite used solely to improve global communications, called Echo 1, was launched. (http://www. infoplease.com/year/1960.html) Today there are nearly 2,300 satellites in orbit transforming communications and the use of technology.

The CETPA Board of Directors would like to encourage to you take the time to vote in this important election, either by absentee ballot or before you arrive. If you would like information on absentee voting, here is one resource: https://www.fvap.gov/ We have some exciting new events planned in advao/vag/chapter2/california dition to the valuable, relevant sessions, inspiring CETPA’s Annual Conference focuses on providing keynotes and featured speakers, hands on labs, and high quality professional learning for IT Profession- the popular shootout sessions. The Expo is once als working in schools throughout California. Our again sold out and bigger than last year. There will attendees have job titles such as Director of Technol- be an increased focus on security and privacy and a ogy, Chief Technology Officer, Network Manager, new BYOD lab. The Future Innovators’ Showcase Network Engineer, DBA, Data Coordinator, Techni- will be expanded and we will have a new event, soon cian, and we do have those with other titles who are to be named, to highlight new startups with some of interested in school technology. Superintendents, the best new applications for education. The third anteachers, Ed Tech Coordinators, TOSAs and others nual Leadership Summit will feature CETPA partner all find the conference engaging. Attending profes- Fagen, Friedman & Fulfrost revisiting data privacy as sional learning events is more important than ever. well as in depth discussions about assistive technology and equitable access. Changing laws, updated programs, and the continued rapid pace of change and advances in technology More information is being constantly updated on the website. Here are some highlights to help entice make it necessary for ongoing learning. you to register. It was 56 years ago that another iconic election took place in November when John F. Kennedy defeated KEYNOTES Richard Nixon for the Presidency. Of the 180 million The CETPA Board of Directors carefully considers people in the U.S. in 1960, 70 million watched the the keynote speakers and we think we have a good

18 EdTech | Summer 2016

track record for some awesome events. This year will be no different with three amazing individuals participating.

OPENING KEYNOTE – DR. AYANNA HOWARD Dr. Ayanna Howard received her B.S. in Engineering from Brown University, her M.S.E.E. from the University of Southern California, and her Ph.D. in Electrical Engineering from the University of Southern California, Los Angeles in 1999. Her area of research is centered around the concept of humanized intelligence, the process of embedding human cognitive capability into the control path of autonomous systems. This work, which addresses issues of human-robot interaction, learning, and autonomous control, has resulted in over 180 peer-reviewed publications in a number of projects—from scientific rover navigation in glacier environments to assistive robots for the home. To date, her unique accomplishments have been highlighted through a number of awards and articles, including highlights in USA Today, Upscale, and TIME Magazine, as well as being named a MIT Technology Review top young innovator,


recognized as NSBE Educator of the Year, and receiving the Georgia-Tech Outstanding Interdisciplinary Activities Award. From 1993-2005, Dr. Howard was at NASA's Jet Propulsion Laboratory, California Institute of Technology, where she led research efforts on various robotic projects utilizing vision, fuzzy logic, and neural network methodologies. In 2005, she joined the School of Electrical and Computer Engineering at Georgia Tech, where she is a member of the systems and controls technical interest group and the founder of the Human-Automation Systems (HumAnS) Laboratory. Dr. Howard has also served a term as the Associate Director of Research for the Georgia Tech Institute for Robotics and Intelligent Machines and a term as Chair of the multidisciplinary Robotics Ph.D. program at Georgia Tech.

andre a bennet t has been cetpa’s e xecutive direc tor for almost 10

PRESIDENT’S KEYNOTE – ROBERT BALLARD

CLOSING KEYNOTE – ERIN GRUWELL

Robert Ballard is Founder and President of the Ocean Exploration Trust; Director of the Center for Ocean Exploration and Professor of Oceanography at the University of Rhode Island Graduate School of Oceanography. He is an Explorer-in-Residence at the National Geographic Society, Commissioner for the U.S. Commission on Ocean Policy, and a Senior Scientist Emeritus at the Woods Hole Oceanographic Institution. He served in the U.S. Navy for more than 30 years and continues to work with the Office of Naval Research. A pioneer in the development of deep-sea submersibles and remotely operated vehicle systems, he has taken part in more than 140 deep-sea expeditions. In 1985, he discovered the RMS Titanic, and has succeeded in tracking down numerous other significant shipwrecks, including the German battleship Bismarck, the lost fleet of Guadalcanal, the U.S. aircraft carrier Yorktown, and John F. Kennedy’s boat, PT-109. He has also discovered hydrothermal vents and “black smokers” in the Galapagos Rift and East Pacific Rise in 1977 and 1979. The author of numerous books, scientific papers, and articles, he has been featured in several National Geographic television programs, including “Secrets of the Titanic” and a more recent five-part mini-series, “Alien Deep with Bob Ballard.” He was a special advisor to Steve Spielberg on the futuristic television show seaQuest DSV. His honors include 21 Honorary Doctorates, National Geographic’s highest award, the Hubbard Medal, and a National Endowment for the Humanities Medal. He was elected a Fellow of the American Academy of Arts and Sciences in 2014.

Erin Gruwell has earned an award-winning reputation for her steadfast commitment to the future of education. Her impact as a change agent attracted Hollywood’s attention, and in 2007, Paramount Pictures released Freedom Writers, starring two-time Oscar winner Hilary Swank as Erin. The film is based on The Freedom Writers Diary, the New York Times bestseller that chronicled Erin’s extraordinary journey with her 150 high school students who dubbed themselves the “Freedom Writers” in homage to Civil Rights activists the Freedom Riders. By fostering an educational philosophy that valued and promoted diversity, she transformed her students’ lives. She encouraged them to rethink rigid beliefs about themselves and others, reconsider their own daily decisions, and ultimately, re-chart their future. With Erin’s support, they chose to forego teenage pregnancy, drugs, and violence in order to become aspiring college students, published writers, and citizens for change. While Erin has been credited with giving her students a “second chance,” it was perhaps she who changed the most during her tenure at Wilson High School. Erin decided to channel her classroom experiences toward a broader cause, and today her impact as a teacher extends well beyond Room 203. Erin founded the Freedom Writers Foundation where she currently teaches educators around the world how to implement her innovative lesson plans into their own classrooms. The conference will be ending on Veteran’s Day. We will have special ribbons to honor those in our community who have served and a special performance of our national anthem by Tim Goree. It will be an amazing week as we witness an historic presidential election together, learn a lot and strengthen our community. We hope to see you in November and in the meantime, consider a regional group meeting or other CETPA event!

ye ars . she has worked in le adership roles for the e ast side union high school distric t and oakl and unified .

19 EdTech | Summer 2016


2016

CETPA CONFERENCE

NOVEMBER 8-11, 2016 | SACRAMENTO CONVENTION CENTER CETPA is the only association in California focusing on the needs of the IT Professionals working in schools. The conference continues to grow and improve to become the best professional learning opportunity for those hoping to learn more about the effective use of technology in

WHO ATTENDS?

WHY ATTEND?

Attendees of this conference support all facets of IT including CTOs and Directors of Technology, Network Managers and Engineers, Data Base Administrators, Support, and Technicians. We also attract the Classroom Teacher, Administrators, and District and County Superintendents. All of these groups converge to share ideas and information and find out the latest, best technology tools to help improve teaching, learning, and administration. In addition, we have an impressive list of exhibitors and vendors providing the latest products and services. Anyone interested in the effective use of technology in schools is welcome!

This is the conference that will help you learn the best practices and the things to avoid if you are starting a new project, doing research or trying to connect better with your colleagues. etworking opportunities are plentiful and encouraged. With all aspects of the conference included in registration, it is an affordable and valuable professional learning event. The registration fee includes keynotes, sessions, hands on labs, shootouts, featured speakers as well as meals on Wednesday, Thursday and Friday.

Attendee Registration has opened. Please see the Exhibitor page for exhibit registration, lead retrieval, and sponsorship opportunities. Please visit http://cetpa.net/conference.

schools and how to support it refund policy : should e xhibitor or at tendee need to cancel , refunds will be gr anted

successfully. 20 EdTech | Summer 2016

based on the following guidelines : on or before september september

7

and oc tober

14, 2016 — 50%

6, 2016 –

full refund ; bet ween

refund ; on or af ter oc tober

refunds gr anted at the sole discretion of cetpa .

15, 2016 —


minimum wage increase

continued from 13

ECONOMIC AND BUDGET “OFF-RAMPS” The Governor is authorized to temporarily suspend a scheduled increase if the Director of Finance determines certain economic or budget conditions cannot support a scheduled increase. If a scheduled increase in suspended, all dates for scheduled increases are delayed by one year. The Governor cannot, however, suspend a scheduled minimum wage increase more than two times if the reason cited is a General Fund deficit.

EFFECTS ON SALARIED EXEMPT EMPLOYEES It is important to note that the change may also affect employers with salaried, exempt employees, such as teachers (see Labor Code Sections 510, 514 and 515, and Wage Order 4-2001 from the California Industrial Welfare Commission). For these employees some questions, such as whether an employee is exempt from compensation for overtime hours, require answers that are related to the level of the state’s minimum wage. For example, the law typically requires that in order to be exempt from overtime pay requirements, those salaried employees must earn a monthly salary equivalent to at least two times the state minimum wage. While SB 3 does not change these Labor Code provisions nor the policies set forth by the Industrial Welfare Commission, the change in the minimum wage brought about over time by SB 3 could impose costs on employers, either through salary increases or additional compensation for overtime hours. The impact on any individual school district is complicated by a number of factors, including, primarily, the district’s salary schedule and where employees are on that salary schedule.

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barret t snider is a partner with the capitol advisors group and can be re ached at barret t @ capitol advisors . org .

21 EdTech | Summer 2016


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