Education Law Insights

Is Your School District’s Lack of Social Media Guidelines Putting the District at Risk?

Posted by EdLaw on July 10, 2015

School districts are under growing scrutiny and criticism for the lack of clear social media guidelines and policies. For instance, after a Michigan teacher reportedly was sentenced to 6 to 15 years for an inappropriate relationship with a minor student that involved numerous communications through Snapchat and text messages, a news investigation criticized the 44% of 84 school districts that had no specific social media policy on the books. In response, a state representative is now pushing legislation that would require all Michigan schools to have such a policy in place by next school year. Our friends over at LRP Publications also forwarded an interesting story about social media guidelines recently issued by Waco Independent School District in Texas, showing that many school districts are updating their social media guidelines for the coming school year. In light of these recent events, school leaders may be wondering if their school district is in need of a social media tune up. How do you know?

Although a board policy is not always necessary, it is prudent to have certain rules in writing for employees with respect to social media. This can be accomplished through handbooks or guidelines, and should cover more than just relationships between employees and students online. The following are just a few issues that should be addressed in good social media guidelines:

  • Why can’t we be friends? As noted previously, what, if any, relationship employees can have with students (and parents!) via personal social media accounts is one of the most important issues addressed in social media guidelines. School districts are coming under fire for not having clear policies on this subject. The options on this issue run the gamut from full prohibitions to full permission, with outright bans being called into question as unconstitutional in at least one state. Most school districts’ guidelines fall somewhere in between. For instance, in Waco, certified staff can have personal social media connections with students with whom they have a separate social relationship, but other staff members may not. If you don’t have clear guidelines for employees on this subject, it can make it difficult to address misconduct if and when it arises. And because of the legal uncertainty in this area, legal review of any proposed guidelines is an essential step.

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