Educator Use Of Electronic Media And Social Networking Sites

School districts throughout Texas have begun to adopt employment policies that regulate educator use of electronic media and social networking sites. Additionally, the State Board for Educator Certification (SBEC) has adopted changes to the Code of Ethics that impose limitations on such communications. Those changes will likely be incorporated into local policies as well. While specific limitations vary among districts, many of the same general considerations have begun to emerge as these policies and regulations are disseminated.

Policies that place restrictions on communications with students or an employee’s online persona may infringe on constitutionally protected rights, such as freedom of speech, association and a right to privacy. For example, a content-based policy that restricts a teacher’s ability to speak on matters of public concern could violate the right to free speech, while a policy that prevents a teacher from communicating with family members could violate the right to freedom of association.

Same standards of conduct apply

One prevailing theme emerging from the policies and regulations being considered is that educators are being held to the same standards of conduct in their use of electronic media and social networking as they would for any other public communication. If a teacher would be subject to disciplinary action for making an unprofessional comment to another teacher in the hallway during school hours under the district’s current standards of conduct, that teacher might also be subject to disciplinary action for making the same statement in a status update on Facebook or for “tweeting” it. A teacher might also be accountable for comments and web links posted by others on a profile page and is expected to maintain privacy settings appropriate to the content.

Districts should draw a distinction between professional and personal use of electronic media and social networking. This may be accomplished by specifying that the restrictions do not apply to the extent that a teacher has a social or family relationship with a student. This means that teachers may communicate with their own children and their children’s friends using personal social networking sites, but may not do so with current or former students with whom there is no separate social relationship. All communications with students or minors must be professional and appropriate within the context of a teacher/student relationship.

How to do it the right way

An educator who would like to use social networking to communicate with students may want to consider creating a separate professional page for that purpose. Educators who create a professional social networking page should obtain the consent of their immediate supervisor to do so and should allow parents and administrators to access the page as well as students. The professional page should be maintained on an ongoing basis to ensure that the content is appropriate and complies with local board policies and laws related to copyright and privacy of student information.

Districts may also attempt to place limitations on an educator’s ability to send text messages to students by adopting policies that designate specific individuals who may send text messages to students and placing time limitations on when educators may communicate with students.

Remember your role

All teachers should be mindful that school districts, SBEC and the community expect them to serve as role models to students and minors. All communications with students or minors, whether electronic or face-to-face, should be professional and appropriate. Any information electronically posted should be considered available to parents, administration, students and the community-atlarge, no matter how securely the privacy settings are configured. Teachers can appropriately use technology to engage and interact with students, but should take steps to ensure that professional boundaries are observed in the process. TCTA members with questions about these issues are encouraged to call the Legal Department at (888) 879-8282.