As most people are aware there are a lot of concerns about social media with issues of privacy and concerns about who you and your children might be “friending”.   In today’s legal climate there are a lot of legal risks associated with the internet that people are not aware of.  It is a fairly common practice for school resource police officers to troll social media for students who might be on YouTube, Facebook, My Space and other social media tools, to monitor their activities.  In some cases they have taken out criminal complaints if what they found on the social media appears to be a crime.

I just recently had one case in which the school resource officer went as far as charging my client along with a friend of his with the eavesdropping statute for essentially taking a video of another party, supposedly without that other party’s permission.  You do see charges whether it is an assault or minor in possession or other crimes that can be viewed. 

In addition, it is a common practice among probation officers to look for the probationers and their friends on social media networks to see if there are any posting or pictures showing in violations of their probation.  This might include minor in possession of alcohol or talking about it or marijuana or other questioning activities.  I have been in court where I have seen children who have ended up being committed to DYS or the house of corrections based on what was posted on the social media networks.

Comparing the law and the cartoon family the Simpson's may help animate different areas.  To start with we should look at Bart Simpson.  Looking at Bart and his behavior could easily lead issues at school.  If Bart was charged with a crime there needs to be looking at the school for possible suspensions and expulsions.  There are issues that need to be addressed that there is no fundamental right to education under MA Law.  When a student is exploited pursuant to MGL c 71 37H and H1/2 no public school in the commonwealth is required to educate him/her.  Children as young as age 10 have been permanently expelled from school under the state's zero tolerance.  The power to expel children from school is delegated to principals, superintendents and school committees.  That would be Principal Skinner and Superintendent Chalmer.

There are lots of issues with Bart.  There should be a determination of whether he has an IEP or any type of special education or whether he should have one.  There is significantly more protections for a child with an IEP.  A parent should request an evaluation if there appears to be possible issues with him that might make an IEP necessary.  Requesting an IEP can help a lot with due process issues for Bart.  Getting his school records is a necessary step.  An IEP or special education does not necessarily deal with a students intelligence- there can be a need on issues unrelated to school work such as ADHD, and sometimes behavioral and emotional issues. Given all of Bart's issues in school in the past -there would appear to be a high probability that he would qualify for special education that may lessen the impact of any school discipline.