Once again, the Law of Unintended Consequences makes an unintended appearance in education.
It happens all too often. Years ago, Arizona decided to make passing the AIMS test a requirement for high school graduation. Oops! The initial test was too difficult. Result? Water the test down. Still too hard? Yikes! Result? Give the kids another way to graduate without passing any of the three tests.
Among the latest education reform crazes is to put more technology in schools. Online classes in some states are even required for high school graduation. And schools have been encouraged to allow kids to use their smartphones in class.
Of course, the intention is to take advantage of the Internet, to allow the kids to research online, knowing that these same kids already have more expertise in surfing the net than do most of their teachers. This idea has caught on across the country, and is gaining popularity in East Valley districts, with Gilbert Unified School District naming several of its schools as pilots for this program.
Before we jump on the smartphone as an education tool bandwagon, however, we should consider the unintended consequence: putting teachers in a potential legal bind.
How so?
As the result of another trend in education: the anti-bullying campaign.
It’s a worthy cause: Kids, as we all know, can be cruel, and texting and Facebook allow kids to exert that cruelty in novel ways.
But how does an anti-bullying campaign put teachers at risk? An addendum to a law designed to decrease the bullying. It’s called the Children’s Internet Protection Act, and while it’s a noble idea, it is nearly unworkable. Given some of its provisions, it leaves teachers potentially liable both criminally and civilly.
According to recent articles, under the CIPA, schools in Arizona “must teach cyberbullying, monitor online chats, and keep tabs on social media in schools.”
Which, of course, is a disaster in the making.
Imagine the classroom full of kids using their smartphones to do research on the ecology of forest fires. Thirty-some kids and one teacher, the teacher helping kids with their research, the kids ostensibly online searching resources. But kids being kids, some are texting instead of researching. Kids are good at hiding what they’re doing, after all, and no one can expect a teacher to be able to monitor all the students’ smartphone use all the time and still help kids. And maybe one of those kids texting is sending a threatening text to another student. Or is sexually harassing someone with his sexting.
The victim goes home, shows the parents the offensive texts, and the parents perceive that as a threat. Or worse, let’s say the kid sending the text meets the victim after school and beats the victim.
The texts came from that science teacher’s classroom: Does that make the teacher liable for the beating? Will the teacher be subject to a lawsuit from the parents for not “monitoring online use” by the bully in the class who sent the text?
I don’t know the answers to these questions, and the FCC, the agency in charge of the law, gives little clarification.
But we have a few weeks before school begins, and districts clearly need to find out. Because as school starts, teachers certainly will want to know just what their responsibilities are. And if they are indeed either criminally or civilly liable for online bullying done in their classes, which teacher will want to encourage kids to use their smartphones?
Because here’s what teachers are hearing: Encourage your students to use their smartphones in class, but if they misuse them, you’re in deep trouble.
Mike McClellan is a Gilbert resident and former English teacher at Dobson High School in Mesa.





Leon Ceniceros posted at 6:46 am on Tue, Jul 3, 2012.
GEE, MIKE................I WAS BROUGHT UP WAY, WAY BACK IN THE 1940'S AND 1950'S (A TOUCH IN THE 1960'S TOO)..........THAT SCHOOL WAS WHERE YOU WENT TO SPEND TIME...................L.E.A.R.N.I.N.G.
BOY, I GUESS I AM.........OLD FASHIONED....LOL.
THERE IS NO REASON WHY A STUDENT SHOULD BE USING HIS/HER SMARTFONE OR CELL PHONE IN THE CLASSROOM OTHER THAN FOR AN EMERGENCY.
THERE IS SO MUCH MORE KNOWLEDGE OUT THERE IN THE WORLD FOR THE TEACHER TO COVER IN 50MINUTES TIME OF ...........TEACHING.
THE STUDENTS SHOULD BE MAKING CLASS NOTES OF WHAT THE TEACHER HAS TAUGHT OR WHAT THE TEACHER WANTS THE STUDENT TO RESEARCH ..............AFTER CLASS.......................THE STUDENT SHOULD NOT BE DOING HIS/HER RESEARCH OR "HOMEWORK"...........DURING CLASS.
MIKE...............THAT'S WHY THEY CALL IT...............H.O.M.E.W.O.R.K.......BECAUSE IT IS TO BE DONE AT HOME ...........NOT IN THE CLASSROOM.
BRING A PEN OR PENCIL TO SCHOOL AND A NOTEBOOK......LEAVE THE "SOCIAL/COMMUNITICATION" DEVICES IN THE POCKET OR IN THE PURSE AND GET THE STUDENTS TO..........START USING THEIR HEADS....NOT THEIR ..........KEYPAD.
chuckles3 posted at 7:28 am on Tue, Jul 3, 2012.
Leon, you seem to be one angry man.
This piece seems pointless. If we push to let kids use smartphones during time, of course abuses will happen. Parent won't sue the impoverished, overworked, underpaid, thank GOD for the Union loving teachers, they will sue school district with the deep pockets. And I can't wait to see the first prosecution of teacher for not monitoring cyber work of 30 students constantly in his/her class.
Too much free time Mike?
Engaged Voter posted at 12:27 pm on Tue, Jul 3, 2012.
Leon claims the time he spent in school was for "L.E.A.R.N.I.N.G."
It's really a shame none of the grammar lessons stuck with him.
Leon, here's a clue - if you're going to comment on an article regarding education, please don't post comments that appear to have been authored by an illiterate 5 year old.
VofReason posted at 12:42 pm on Tue, Jul 3, 2012.
The last thing you need in the classroom is smartphones. In fact the last thing that kids need are smartphones. Ironically, many of the people you see dependant on the shining little lights to entertain them look anyhting but smart. Supporting earlier use, will ensure adults who never get past being children. Need to send cute little nonsense messages while driving down the freeway, direct all their attention to the "smart" phone at restuarants when at dinner with friends and family, and block out the rest of the world with a current remake of a "good" old movie while sitting in a park. These people are lemmings. Don't encourage the next generation of them.
VofReason posted at 12:46 pm on Tue, Jul 3, 2012.
Strangly, as Leon points out, back in the day there were very few or no computers in most classrooms. Somehow (gasp) we actually learned what we were supposed to and graduated from HS. Astonishingly, when you learn the basic concepts of reading, writing , and arithmetic, you can learn how to use computers afterward.
sockratties posted at 4:52 pm on Tue, Jul 3, 2012.
When California leon went to school they used the technology available. I used a slide rule in architecture and science classes because they wanted us to be able to use slide rules. Kids today should learn to function in the world they will be encountering. The smart phone is a part of life and will become more so as presentation, communication and research technologies evolve until phones are replaced by newer technology. The library and text books are expensive and obsolete. It is important that today’s kids are as technologically savvy as they can be.
The traditional learning model is being turned upside-down by technology. There is no reason high school students should sit in class while a teacher does exactly what can be provided on line. Kids should learn the basics on line (as homework) and the next day the teacher should be answering questions and working one-on-one as needed in the classroom.
Mike is correct in noting that legal issues need be sorted out. It may be that the learning platform must be provided by the school and personal phones turned off to ensure integrity of content, but trying to return the classroom to the good old days will doom the future of education. The lecturing teacher should go the way of the buggy whip.
To glimpse a peek at one example of a modern learning system take a look at www.khanacademy.org which makes learning available free via Utube at all levels. Such innovation should be introduced in our public schools but is resisted by those who are stuck in the 20th century and afraid to move from the status quo. What do we have to lose? Arizona is already 50th in a country that has worked its way down to 25th place of developed nations.
Leon Ceniceros posted at 10:37 am on Wed, Jul 4, 2012.
SOCK RAT TIES.....YOU MAKE AN EXCELLENT POINT.
WE NEED TO LOOK AT EDUCATION IN A WHOLE DIFFERENT MANNER....OUT SIDE OF THE CLASSROOM.
1. NO NEED FOR SCHOOLS AT ALL. SAVE TAX-PAYERS BILLIONS AND BILLIONS OF THEIR HARD EARNED MONEY. INSTEAD OF COSTING $7,670.00 PER STUDENT PER YEAR = BUY EVERY STUDENT A TOP BRAND LAP-TOP AT $1000.00 GOOD FOR 5 YEARS = SAVINGS = $37,350.00 PER STUDENT. ON TOP OF THIS THE TAX-PAYER SUPPORTED SCHOOL DISTRICT WOULD NO LONGER NEED HUNDREDS AND HUNDREDS (IF NOT THOUSANDS) OF TEACHERS, ADMINISTRATORS, CAFETERIA WORKERS, MAINTAINANCE WORKERS, JANITORS, GROUND'S KEEPERS ...ETC.
2. STUDENTS WOULD RECEIVE THEIR CLASS AGENDA EVERY MORNING AND HAVE ALL DAY TO DO RESEARCH AND HOMEWORK. IT THE HOMEWORK OR TESTS WERE NOT COMPLETED.....THE COMPUTER WOULD NOT GIVE OUT ANY FURTHER ASSIGNMENTS UNLESS IT WAS. TESTS RESULTS WOULD BE GRADED INSTANTLY. TERM PAPERS WOULD BE GRADED INSTANTLY. THE STUDENT WOULD KNOW WHERE HE WAS BOTH SCHOLASTICALLY AND GRADEPOINT STANDING IN NANO-SECONDS. STUDENT BODY PHOTOS WOULD BE DONE USING THE COMPUTER CAMERA AND DEPLOMAS WOULD BE COMPUTER GENERATED.
3. SCHOOL SPORTS...BAND...DRAMA...CLUBS....ROTC... WOULD BE A PAY-AS-YOU-GO ACTIVITIES. THERE WOULD ONLY BE THE NEED FOR ONE OR TWO PLAYING FIELDS AND STUDENTS FROM DIFFERENT SCHOOLS WOULD BE ASSIGNED TIMES. PARENTS COULD WATCH THE GAME OVER THEIR LAP TOP AT HOME OR AT WORK.
4. WIN....WIN....FOR EVERYBODY.......THANK YOU SOCK-RAT-TIES....OR SHOULD WE CALL YOU............H.A.L. (2001).
Accuracy posted at 4:49 pm on Wed, Jul 4, 2012.
Smartphones to use during classes in schools would seem to be a recipe for disaster . . . What had once been a classroom disruptor can be turned into a learning tool – and for better test scores.
Smartphones can bring learning to the 21st century by giving students a preview of how their future workplaces will operate. For sure it can help reduce competition for scarce PC computer labs.
Programs to look at how new technology is changing and students can see how people are working today. And it will be interesting to see how teachers will work cell phone and internet use into the classroom.
But, next the schools will be experimenting with a mass distribution of Smartphones for the students, which will be costly for Nokia Lumia 900 Smartphones and a pre-paid AT&T cell phone plan.
JMJ posted at 8:19 pm on Wed, Jul 4, 2012.
Believe it or not, there are still high school kids without Smart Phones. This would clearly be disadvantageous to students without that access to technnology. Phones also run out of "juice" if overused. I don't suppose there would be 35 outlets to plug into in each classroom?
Haven't insulted you, yet, this week, Leon. You're a Froot Loop.
Leon Ceniceros posted at 8:48 am on Thu, Jul 5, 2012.
REALLY, FOLKS.........WHAT ARE THE CITIZENS OF ARIZONA GETTING FOR THEIR HARD-EARNED TAX DOLLARS....THE ALMOST ALL THE EAST VALLEY SCHOOL DISTRICTS EITHER WANT TO RAISE THE TAX ON YOUR EVER DEPRECIATING HOUSE ...OR.....PUSH THROUGH A $50 BOND ISSUE THAT YOUR GRANDCHILDREN WILL BE PAYING OFF IN ....2025.
ALL THOSE HUNDREDS AND HUNDREDS OF MILLIONS OF TAX PAYER DOLLARS HAVE BOUGHT ........WHAT ????
OUR STUDENTS ARE DROPPING OUT LIKE FLIES.
THE "LEGAL" STUDENTS ONLY GET 1/2 OF A CLASS BECAUSE THE TEACHER HAS TO SPEND THE OTHER 1/2 TEACHING THE "ILLEGAL" STUDENTS IN SPANISH.
ARIZONA IS ALMOST AT THE BOTTOM OF THE BARREL....SCHOLASTICALLY IN THE UNITED STATES.......SOMALIA IS PROBABLY AHEAD OF ARIZONA....SOMALIA !!!
OUR TEACHERS ARE MORE INTERESTED IN BEING ..."MENTORS AND BUDDIES".....MR. KOTTER'S AND JEAN BRODIE'S.
THEY DRESS LIKE THE STUDENTS.....WEAR THEIR HAIR LIKE THE STUDENTS...HAVE TATTOOES AND BODY PIERCINGS LIKE THE STUDENTS = WHO NEEDS THEM....THEY ONLY WORK 8-9 MONTHS OUT OF THE YEAR AND GET A FULL YEARS SALARY...........AND THEN.....AND THEN....THEY RETIRE WITH A.........."CADILLAC PENSION"......AND WITH....."CAVIAR HEALTH BENEFITS" TOO.
LOOK AT THE TAX MONEY THAT WAS SPENT BACK IN THE 1940'S AND 1950'S....WHEN TEACHERS = TAUGHT........AND STUDENTS = LEARNED..........AND THEN LOOK AT WHAT A SORRY MESS OUR LIBERAL,PROGRESSIVE, DEMOCRAT, UNIONIZED EDUCATION SYSTEM IS GIVING US......TODAY = SQUAT !!!