Social Media in Schools: #TheLawMatters

The use of social media in the United States is a current norm among most people, including school-age children, parents, and educators. Social media is used for educational purposes: “35% of schools have student and/or instructor-run blogs”, “46% of schools have students participate in online pen pal or other international programs”, “49% of National School Boards Association (NSBA) schools participate in online collaboration with other schools”, “59% of schools say their students use social networking for educational purposes”, and “27% of schools have an online community for teachers and administrators” (Gupta, 2016). Due to the high frequency of social media use, schools must be aware of the legal discourse that impacts the use of school related social media.

The use of social media in the educational setting is a fairly new concept, therefore there is not much legal discourse surrounding the topic. As issues arise in the years to come, there may be more laws created to protect students and schools. Currently, New York State has a short statement on their website stating that NYS agencies may have social media sites, and the information on those sites is not considered “formal public comment” (New York State, 2014).  The New York State Department of Education has also published information regarding the use of social media and suggests that organizations must understand the risks of using social media (New York State Department of Education, 2010).  Schools must make sure that their use of social media aligns with policy established by New York State and federal cyber agencies (New York State Department of Education, 2010). There are several models of social media use that schools can choose from, however; it is suggested that schools take a controlled approach (New York State Department of Education, 2010).

It is essential that school boards create written procedures and guidelines in the district handbook that includes appropriate use of the social media and should “specify who’s responsible for posting content to social media sites”, “emphasize that all staff, regardless of whether they contribute to official content, should be professional, civil, and in compliance with privacy and other applicable laws”, and “mandate that staff indicate when they are speaking in an official capacity and when they are offering a personal opinion” (New York State Department of Education, 2010). Schools should develop and publish statements of appropriate use of the social media platforms that align with the appropriate use guidelines of the specific site, and may include specific requirements such as prohibitions against any inappropriate comments (New York State Department of Education, 2010). Schools must also retain all records of social media usage and must set up a retrieval system to document this data (New York State Department of Education, 2010).

Freedom of expression impacts the use of school sponsored social media, and states that students are entitled to their First Amendment rights to freedom of speech as determined in the Tinker case, however; “school officials may restrict freedom of expression where there is evidence of material and substantial disruption, indecent or offensive speech, violation of school rules, destruction of school property, or disregard for authority” (Essex, 2016, p. 54-57). These restrictions should be included in the district’s social media policy. Teachers must be aware that when posting on social media sites on the school’s behalf, they are representing the government and must adhere to the law. Teachers who post using personal accounts must be aware that the court views teachers as role models and that information posted can be grounds for discipline and termination if it demonstrates that they are ill-fit to teach, even though teachers have the First Amendment right to freedom of speech (Essex, 2016, p. 209).

Schools must follow the Family Educational Rights and Privacy Act (FERPA) when posting information on social media, which entitles parents and students to confidentiality and fundamental fairness in regards to student records; those records cannot be released without parental consent (Essex, 2016, p. 188). Records may include and educational files or documents, information that pertains specifically to a student under the age of 18, and any materials that are maintained by an educational organization or someone acting on their behalf (Essex, 2016, p. 189). FERPA protects students’ personal information unless parents “give prior consent to such access” (School Law, 2014, p. 126). New York State Law also bans the unapproved disbursement of personally identifiable information regarding students (School Law, 2014, p. 126).

Districts may release “directory information” without consent such as student names and addresses, telephone numbers and email addresses, student photographs, date and place of birth, grade levels, dates of attendance, participation in sports or other school-official activities, and enrollment status; however, schools must publicly state these categories to parents and provide them reasonable time to object to the release of the information (School Law, 2014, p. 134). Many school districts have Internet release forms that include the use of school related social media that must be signed by parents. School districts must also be aware that communicating personal and sensitive information could be grounds for legal ramifications under slander and/or libel, and could also be considered defamation depending on the circumstances of the situation (Essex, 2016, p. 197). 

A case study in a large Louisiana school district demonstrated that the use of social media sites increased parent and community involvement due to the wider outreach, therefore proved to be the most effective form of communication compared to phone calls, letters, and emails (Lavergne, 2017). Lavergne, Instructional Technology and Social Media Facilitator for the Livingston Parish Public Schools in Louisiana, suggests that schools must determine the purpose for their social media account, the frequency of use, and the method of monitoring the account in order to establish the appropriate legal protection required (2017).

School districts must be aware of the demographics of their surrounding community in conjunction with the use of social media. One way for districts to better understand the use of social media in their area is through data-collection surveys. Collecting this information can help schools decide how to integrate social media appropriately. Social media usage in schools can impact districts regardless of socio-economic class and racial demographics. This issue impacts districts across the United States, and it is essential that schools are aware of the legal ramifications associated with the use of social media in order to properly reap the benefits of modern communication.

References

Essex, N. L. (2016). School Law and The Public Schools: A practical guide for educational leaders (6th ed.). Upper Saddle River, NJ: Pearson.

Gupta, P. (2016, September 24). Some Interesting Statistics & Facts on Social Media in Education You Must Know. Retrieved October 8, 2018, from http://edtechreview.in/data-statistics/2523-social-media-in-education-statistics

Lavergne, N. (2017). Improve School District-Community Relationships with Social Media. Delta Kappa Gamma Bulletin, 84(2), 13–15. Retrieved from http://search.ebscohost.com.sbu.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=131118226&site=ehost-live

New York State. (2014, November 13). Social Media Policy. Retrieved October 9, 2018, from https://www.ny.gov/social-media-policy

New York State Department of Education. (2010, May 24). Records Advisory: Preliminary Guidance on Social Media. Retrieved October 9, 2018, from http://www.archives.nysed.gov/records/mr_social_media.shtml

Pew Research Center. (2018, February 05). Demographics of Social Media Users and Adoption in the United States. Retrieved October 8, 2018, from http://www.pewinternet.org/fact-sheet/social-media/

School Law (36th ed.). (2014). Latham, NY: New York State School Boards Association.

U.S. Department of State. (n.d.). The Freedom of Information Act. Retrieved October 9, 2018, from https://foia.state.gov/Learn/FOIA.apx