Equity & Diversity

Mo. Teachers Group Sues Over Social Networking Law

By The Associated Press — August 26, 2011 3 min read
  • Save to favorites
  • Print

A Missouri teachers’ union is challenging a new measure that restricts teachers’ use of social-networking sites and their contact with students, saying it violates their constitutional rights.

The Missouri State Teachers Association said it is seeking an injunction to block enforcement of part of a state law that was scheduled to take effect Aug. 28. The union and several public school teachers assert the law violates educators’ constitutional rights to free speech, association, and religion.

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.

Missouri is not the only state trying to limit online interaction between teachers and students. In March, the Virginia board of education passed a policy that established guidelines for school districts to make online interaction between teachers and students more transparent.

Initially, the proposed Virginia guidelines were more proscriptive, restricting online teacher-student communication through social networks, online games, or text messages unless it was through an education-friendly platform provided by the school or district. The policy also said school employees should decline or ignore “friend” requests from students on sites like Facebook. But the proposal provoked a flurry of indignation from some educators, and the state board ultimately adopted a much more general policy guideline.

Other states have addressed the issue in some form as well. This year, Rhode Island adopted legislation banning social-networking sites in schools unless they are specifically being used for educational purposes. A Louisiana state law requires all school districts to document every electronic interaction between teachers and students that takes place through a “nonschool-issued device, such as a cellphone or email account.”

Some school districts have also taken similar measures. The 68,000-student Granite district in Salt Lake City and the 80,000-student Lee County public schools in Fort Myers, Fla., have both barred teachers and students from becoming “friends” on Facebook.

‘Hidden Communication’

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

Under the law, 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 law restricts non-work-related websites 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 non-work websites that comply with the restrictions.

Missouri State Teachers Association spokesman Todd Fuller said the organization has heard from an increasing number of teachers that districts have interpreted the law in different ways, including some who say that they have been told they cannot have a Facebook page.

The group’s lawsuit—a copy of which was provided to the Associated Press—asserts that the restrictions for non-work-related sites amount to prior restraint and violate educators’ free-speech rights. The law “is so vague and overbroad that the plaintiffs cannot know with confidence what conduct is permitted and what is prohibited and thereby ‘chills’ the exercise of First Amendment rights of speech, association, religion, collective bargaining, and other constitutional rights by school teachers,” the lawsuit states.

State Sen. Jane Cunningham, a Republican, who sponsored the legislation, said critics misunderstand the law. She said teachers are not barred from using Facebook and other websites. They also aren’t prohibited from communicating with students, provided those discussions are public.

“It only stops hidden communication between an educator and a minor child,” said Ms. Cunningham.

Related Tags:

Contributing Writer Michelle R. Davis also provided reporting for this article.

Copyright © 2011 The Associated Press
A version of this article appeared in the August 31, 2011 edition of Education Week as Missouri Teachers Challenging Law on Cyber Talk

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Improving Outcomes on State Assessments with Data-Driven Strategies
State testing is around the corner! Join us as we discuss how teachers can use formative data to drive improved outcomes on state assessments.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Equity & Diversity Webinar
Classroom Strategies for Building Equity and Student Confidence
Shape equity, confidence, and success for your middle school students. Join the discussion and Q&A for proven strategies.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Disrupting PD Day in Schools with Continuous Professional Learning Experiences
Hear how this NC School District achieved district-wide change by shifting from traditional PD days to year-long professional learning cycles
Content provided by BetterLesson

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Equity & Diversity Educational Inequality: 4 Moments in History That Explain Where We Are Today
A new Columbia University report highlights how inequality was embedded in the creation of public education in the United States.
5 min read
This May 8, 1964 file photo shows Linda Brown Smith standing in front of the Sumner School in Topeka, Kan. The refusal of the public school to admit Brown in 1951, then nine years old, because she is black, led to the Brown v. Board of Education of Topeka, Kansas. In 1954, the U.S. Supreme Court overruled the "separate but equal" clause and mandated that schools nationwide must be desegregated.
This May 8, 1964 file photo shows Linda Brown Smith standing in front of the Sumner School in Topeka, Kan. The refusal of the public school to admit Brown in 1951, then nine years old, because she is black, led to the Brown v. Board of Education of Topeka, Kansas. In 1954, the U.S. Supreme Court overruled the "separate but equal" clause and mandated that schools nationwide must be desegregated.
AP Photo
Equity & Diversity The Origins of Racial Inequality in Education
"Uncovering Inequality," a project from Columbia University, chronicles how policies created and sustained inequalities in schools.
4 min read
In this May 13, 2014, file photo National Education Association staff members from Washington joining students, parents and educators at a rally at the Supreme Court in Washington on the 60th anniversary Brown v. Board of Education decision that struck down "separate but equal" laws that kept schools segregated.
In this May 13, 2014, file photo National Education Association staff members from Washington joining students, parents and educators at a rally at the Supreme Court in Washington on the 60th anniversary Brown v. Board of Education decision that struck down "separate but equal" laws that kept schools segregated.
AP Photo
Equity & Diversity Opinion 'What We Need Is Compassion Toward One Another'
Robert F. Kennedy spoke timeless words following the assassination of Martin Luther King Jr. His message should guide educators today.
A.J. Rinaldi
4 min read
Mourners gather at the Ebenezer Baptist Church for funeral services for the late Dr. Martin Luther King Jr., in Atlanta, Ga., April 9, 1968. Seated from far left are, Sen. Robert Kennedy and his wife, Ethel; Archbishop Cooke of New York, in front of Kennedy; Margaretta Rockefeller, third from left in next row; Whitney Young of the Urban League, leaning forward and speaking to Atlanta Mayor Ivan Allen, at far right. Among the people standing are, Michigan Gov. George Romney, third from right; New York Mayor John Lindsay; and New York Gov. Nelson Rockefeller, far right.
Mourners, including Robert F. Kennedy, gather on April 9, 1968, at the Ebenezer Baptist Church in Atlanta for funeral services for the Rev. Martin Luther King Jr.
AP
Equity & Diversity Arizona Schools Chief Sets Up Critical Race Theory Hotline
Arizona residents should report “inappropriate lessons that detract from teaching academic standards,” the department said on its website.
2 min read
Tom Horne, left, is sworn in as Arizona's superintendent of public instruction in Phoenix on Jan. 5, 2023. Under Horne's leadership, the Arizona Department of Education launched a hotline in March 2023, for people to report classroom lessons that use emotional support curriculum or critical race theory, which is not taught in state schools but is a hot-button issue for social conservatives.
Tom Horne, left, is sworn in as Arizona's superintendent of public instruction in Phoenix on Jan. 5, 2023. Under Horne's leadership, the Arizona Department of Education launched a hotline in March 2023, for people to report classroom lessons that use emotional support curriculum or critical race theory, which is not taught in state schools but is a hot-button issue for social conservatives.
Ross D. Franklin/AP Photo