Missouri Law Bans Certain Teacher/Student Online Communications

Missouri has just passed a law prohibiting certain online communications between teachers and students.  The Amy Hestir Student Protection Action more broadly aims to protect students from sexual abuse, but the controversial provision in the law reaching student and teacher social media usage and online activity is section 162.069, which provides:

By January 1, 2012, every school district must develop a written policy concerning teacher-student communication and employee-student communications. Each policy must include appropriate oral and nonverbal personal communication, which may be combined with sexual harassment policies, and appropriate use of electronic media as described in the act, including social networking sites. Teachers cannot establish, maintain, or use a work-related website unless it is available to school administrators and the child's legal custodian, physical custodian, or legal guardian. Teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student. Former student is defined as any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated.

Although it's been coined the "Facebook law," it reaches other online communication tools, as well.  And it doesn't necessarily ban all contact between students and teachers online -- just communications on a "website that allows exclusive access with a current or former student."  The law doesn't define what this is, but it presumably aims to prevent private, direct communications between student and teacher.  This would also seem to prevent a teacher with a private Facebook profile from "friending" a student on Facebook.  (Or would it?  If the only communication between a teacher and student occurred on a publicly visible "wall"?)  A number of analysts have suggested teachers who want to communicate with students on Facebook should create public Facebook fan pages, which students can "like."  This way, students and teachers can communicate on its wall, allowing their exchanges to be publicly visable.  (But this wouldn't take away the ability to send a private message -- that capability is available on Facebook by default, whether you're friends with the person you want to message or not.)

Sure, it may be a decent policy for teachers not to Facebook friend students.  But requiring it by law (a relatively ambiguous law, no less) sets the stage for some likely problems.  Although well intended, the law sure seems to leave open a lot of questions.  What exactly is "exclusive access"?  Does this law go too far?  Does it infringe on students' or teachers' free speech or freedom of association rights?  Does this prohibit communication with students the teacher actually teaches or taught?  Or all students within the district?  What about retired teachers?  Retired teachers who still substitute teach in the school district?  Doesn't this law go much further than necessary to stop improper sexual conduct between student and teacher?  If teachers aren't sure what it means, won't it chill their speech?  The law discusses communications on "websites" -- so it wouldn't reach text messages, or phone calls for that matter.

The law goes into effect later this month, but gives school districts until January 1 of 2012 to implement their new policies.

School District Considers Social Media Policy for Teachers & Other Employees

Daniel Schwartz has an interesting post over at the Connecticut Employment Law Blog, pointing to a Connecticut school district considering a social media policy for its teachers:  School Board Considers Social Media Usage Policy for Teachers, Other Employees.

Schwartz also mentions a list of sample policies I've perused a number of times myself and have found to be a great resource:  the "Social Media Policies Database" made available over at the Compliance Building blog.  Of course, I encourage my readers to hearken back to my earlier cautions about relying on sample policies, as the public/private employer distinction raises another reason to thoughtfully and carefully approach sample policies. Remember that a school district, as a public employer, has First Amendment issues to worry about that private employers generally don't need to consider when drafting employment policies. Public employers may also want to consider, for example, Fourth Amendment implications of conducting online searches or monitoring use of technology, whether some level of due process might be owed before disciplining an employee, and so on.  Remember that a policy drafted for a private employer won't address First Amendment or other issues only relevant to a public employer . . . and a policy drafted for a public employer probably won't be a great fit for a private employer. Still, employers may find some helpful nuggets of information in the MANY samples out there!

Teacher Sues After Forced to Quit for Pics & "B-Word" on Facebook Profile

Beer, wine, and the “B-word.”

One Georgia teacher says that particular trifecta on her Facebook profile led to her forced resignation – and the resulting lawsuit she’s bringing against her former employer.

WSBTV out of Georgia reports that high school English teacher, Ashley Payne, claims the Barrow County (Georgia) school district forced her to resign because her Facebook profile included photos from her European vacation that showed beer mugs and glasses of wine. Shocking or inappropriate that an adult traveler who visited the Guinness Brewery might have a mug of beer? Or a glass of wine in Italy? Payne certainly didn’t think so. The “B-word” also appeared in one of her posts.

Payne said she didn’t look intoxicated, wasn’t doing anything provocative, and wasn’t acting inappropriate in any of the photos. In fact, she said the pictures didn’t even show her actually drinking the drinks (although, the news broadcast accompanying the station’s print story showed a photo of a woman holding a mug to her face). Payne restricts access to her Facebook page, and doesn’t “friend” students or strangers.

Payne claims the school principal called her into his office, and – citing the photos and expletive on her Facebook profile – advised her she should resign immediately to avoid suspension on her record. Payne said the principal claimed he’d already spoken with the superintendant, suggesting the decision was final.

In response, Payne filed suit against the school, saying the school violated state labor law because it failed to make her aware of her right to a hearing. 

School Sues Student for Facebook "Suck Site"

The Chicago Tribune reported that Facebook “suck sites” will soon be tested in court.

Student Nicholas Blacconiere created a Facebook page mocking teachers and classes at Salon Professional Academy of Elgin. Now school administrators have sued Blacconiere in Illinois state court for unauthorized use of the school’s logo, and for emotional damage caused by defamatory comments on the page.  According to the newspaper, there are no known cases in which a school sought monetary damages from a student who mocked teachers online (although there have been cases of online harassment and cyber-bullying, as well as criminal cases involving cyber-stalking, threats, and hate speech).

The Tribune cited one expert who pointed out that some states have statutes under which parents can be held liable for their children’s intentional, harmful acts.  (One more reason parents should pay close attention to their kids’ online activities.)

Helen A.S. Popkin offers her take on the case in a cleverly written article on MSNBC.  As she points out: "While the medium of expression has changed over the years — from the cover of one’s Mead Trapper Keeper to Facebook and other Internet-loitering spots — proclaiming the suckitude of one’s school is an ancient rite of passage. It may even be necessary for growing personalities to assert such independence, according to some experts. The change of venue, however, has led to myriad lawsuits involving disgruntled students and the schools that punish them."