TechCon 2012 Recap: Should Schools Let Teachers Use Social Media in the Classroom?

by Franczek Radelet P.C.
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[author: Jackie Wernz]

http://edlawinsights.com/wp-content/uploads/2012/11/facebook.app_.jpgAnother hot topic that came up at our TechCon 2012 presentation on social media policies (which I blogged about earlier this month here) is whether to allow teachers to use social media in the classroom. Reports about why social media belongs in the classroom (such as this one from NBC News, which was later picked up by the Huffington Post) make compelling points about the need to meet students where they are and teach them how to use (and responsibly use) technology such as social networking. But there are serious legal concerns school districts should consider. At the conference, we discussed some of these concerns.

Age Appropriate Behavior?

For instance, some students, particularly at the elementary level, may be too young to establish a page on a social media website without violating the terms and conditions of the website. Teachers shouldn’t use social media pages for classroom activities if student participation would violate those sites’ policies. Our conclusion on this point: teachers probably should not be allowed to use any social media websites that have age restrictions for younger students. That means no Facebook, friends. Does that mean there must be a brick wall between elementary school students and technology? Not at all. There are fantastic free social media tools for teachers out there that are not open to the public in the same way as Facebook, and so do not have the same age restrictions.

Locked Out….

We also discussed that teachers’ use of personal social networking websites can create issues for schools that need to supervise or investigate such use. This is especially true in states like Illinois that have laws prohibiting public employers from asking for passwords to social networking accounts, even if they are used for a business purpose. School districts in Illinois and other states with similar laws may find themselves in a bind if they need to access the social media websites to investigate misconduct, for litigation purposes or to respond to a public records request. Notably, the Illinois law suggests that public employers can’t even ask for information from social networking pages of employees. This could prohibit school districts from asking teachers to make their personal social networking pages accessible to administrators when used for classroom purposes. I wrote on this topic in the most recent issue of the Illinois Association of School Board Journal in an article titled Locked out…Strategies for complying with the Facebook Password Law.

Now, there are arguably very good reasons for locking school administrators (and other employees) out of employees’ personal social networking websites. Another education blogger, @mcleod, made the analogy on my Twitter profile between laws like the Facebook Password Law and laws against wiretapping educators’ phones. If employees are choosing to use personal media or their personal telephones for personal use, I think there are very few (if any) who would suggest that school administrators should have access to those personal methods of communication. Simply because you sign up to be a public teacher should not mean that you give up all rights to a private personal life.

But once a teacher chooses to use those private, personal methods of communication to communicate with students on school business, I think their right to privacy must end. The Illinois Facebook Password Law does not recognize this reasonable distinction, and raises serious concerns as to how school districts can respond if they have a legitimate need to access school-related content on a teacher’s personal social networking account.

The easiest way to get around these concerns, and a good practice even in states that do not have Facebook password laws, is to have teachers create a “group” page on social media using their business e-mail account. In those cases, the page is arguably that of the school district and so does not fall under the prohibition in Facebook password laws. The use of a business account also helps prevent the line-blurring that can occur when a teacher uses her personal social media account with students. It can be hard to tell teachers and students that the teacher is an authority figure, not a friend, when the two are friends on personal social networking programs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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