District Works to Comply With Social Networking Law

Union public school officials said they won’t have to make major
updates to their social networking policies to comply with new
state laws that go into effect this year.

Superintendent Steve Bryant said the district already has a
policy in place, however the R-XI policy is not quite as precise at
the state law.

“Our current policy is not as specific as the law, but we
understand that this is the 21st century, information age,” he
said. “What we have stressed is open communication — not private
communication.”

The state law prohibits teachers from “friending” their students
on sites like Facebook, or any other type of private communication
on social networking sites. The law will take effect Aug. 28.

The intent of the law, approved July 14, is to provide
transparency in the relationship between teachers and students to
better protect children from a possible sexual encounter with a
teacher.

“It’s pretty specific but it is difficult to argue when we are
talking about the safety of students,” Bryant said. “It is strict
and some people object, but if it prevents a situation how can you
object?”

The Associated Press has reported that the social networking
restrictions are part of a broader law that was proposed after an
Associated Press investigation found 87 Missouri teachers had lost
their licenses between 2001 and 2005 because of sexual misconduct,
some of which involved exchanging explicit online messages with
students.

Many teachers have complained the law will hurt their ability to
keep in touch with students for classroom purposes, personal
problems or even emergencies.

Under the law, also known as the Amy Hestir Student Protection
Act, school districts must establish policies by January that
outline “appropriate use of electronic media such as text messaging
and Internet sites for both instructional and personal purposes.”
Teachers are barred from having “exclusive access” online with
current students or former students who are minors. That means
communication through Facebook or other sites must be done in
public, the AP reported.

The law restricts non-work-related Web sites that allow
communication between a teacher and a student that cannot be viewed
by others, though the measure states it is not attempting to
prohibit teachers from setting up nonwork Web sites that comply
with the restrictions.

Bryant said that the district attorney already has given advice
to administrators, which was shared with school staff prior to the
school year. Classes began districtwide Monday.

“We are encouraging the staff to unfriend students,” he said.
“Even if the employee is friends with a student in another
district, they probably need to unfriend them — we are trying to
encourage them to use common sense.”

Bryant noted that the law is unclear regarding friending family
members.

“The statutory language is an interpretation, and does not make
any distinctions if they are a relative,” he said. “If you are an
adult and friend of a student, it might not always be
appropriate.”

According to Bryant there are some school organizations that
utilize Facebook and have their own page or group. Those shouldn’t
be affected.

“The key is to not have closed communications — also include an
administrator and parents as well,” he said, “That way it’s an open
communication and one that can be monitored.

“The goal is not to eliminate this type of communication but we
want it to be open and transparent for the world to see,” Bryant
added.

Law Challenged

The Missouri State Teachers Association (MSTA) filed a lawsuit
last week that states that the law is unconstitutional.

According to the MSTA, the bill signed infringes on educators’
First Amendment rights of free speech, association and
religion.

MSTA is asking the circuit court of Cole County to keep that
section of law from being implemented until the constitutionality
can be determined.

“Many of our members are concerned about the unintended
consequences of this law, including their ability to monitor their
own children’s online activities,” said MSTA Legal Counsel, Gail
McCray. “It’s vague and more importantly, we believe it violates
the constitutional rights of educators.”

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