I've always been interested in educational law and policy. What we decide as adults to be the best educational policy has profound impact on our kids, so what we decide has to be well thought-out and intentional. I got the chance to review through Missouri education law, as well as Missouri and Centralia School Board policies today through a teacher's request. What I found was informative. I thought that I would summarize my findings for you, so you have a better idea of what is acceptable and unacceptable as staff, parents, community members and students.
First, there's a difference between an educational record and directory information. Educational records are protected by FERPA laws, and directory information can be released to the public under the Sunshine law. Essentially, the district can publish anything we label as directory information and have the right to refuse to publish anything that can be deemed an educational record. Our directory information includes but is not limited to student names, grades, participation in activities, honors or awards, artwork or coursework, photos, videos, digital images, or recorded sound. Parents can opt out of directory information publication.
For cyberbullying and cyberthreats, there must be a nexus, which is a direct connection to the school. The school district must argue that it provides a disruption to school operations or constitutes a true threat in order to discipline students involved. This includes bullying and threats published off-site or during non-school hours. Most legal cases have sided with the school districts, so moral of the story, don't do it. Be kind online.
For communication between staff and students, it must be through district provided email addresses and must always be professional. Our board policies cannot prohibit communication based on effective teaching practices because we want our staff to be able to communicate with our students. Missouri law and board policy states that parents should be notified of personal phone to phone text messaging. Text messaging using a proxy number, such as Google Voice or Remind 101, is an exception.
Teachers can use mobile phones on school property for educational purposes, but never in such a way that would disrupt work or interfere with the supervision of students. No parent, staff member, or student should use a mobile phone while driving for a school-sponsored event. Texting while driving is worse than driving while drunk, so you should avoid it while driving, whether it's a school-sponsored event or not. Be safe. And wear a seatbelt. (Shout out to the Driver's Ed teachers out there!)
All staff and students have to sign an Acceptable Use Policy to use district devices and email. Part of that AUP states that the district can upgrade, install, or remove programs and systems as needed. We're also allowed to restrict speech on district devices because we're a closed forum. In addition, we're not liable for any damages to or for the loss / theft of any student-brought device.
There's no policy or law for social media. My advice for teachers - create an education account for your classroom. Don't link it to your personal account, and only post things that are education related. And always, always, be professional on social media. There's also no policy for student-brought devices, so students are allowed to use devices in class for educational purposes, as long as they have the permission of their teacher. My advice for students - ask your teacher before you use any device. And be ready to explain why you need to use it. How does it benefit your learning? Teachers love when you can respectfully explain that you want to use an app on your phone because it will help you learn better in specific ways.
Finally, recording by district personnel is allowed as long as it furthers our educational mission. Students are not allowed to record unless authorized for a class or school-sponsored event by a teacher or principal. No recording is ever allowed in areas that violate privacy, such as bathrooms or locker rooms.
And that's it! Missouri education law and policy with regard to technology in a nutshell. That said, I am by no means a legal expert, so don't take my word for it. Definitely see for yourself and check out Centralia board policy here: https://eboard.eboardsolutions.com/ePolicy/PolicyOverview.aspx?S=40&Sch=40
First, there's a difference between an educational record and directory information. Educational records are protected by FERPA laws, and directory information can be released to the public under the Sunshine law. Essentially, the district can publish anything we label as directory information and have the right to refuse to publish anything that can be deemed an educational record. Our directory information includes but is not limited to student names, grades, participation in activities, honors or awards, artwork or coursework, photos, videos, digital images, or recorded sound. Parents can opt out of directory information publication.
For cyberbullying and cyberthreats, there must be a nexus, which is a direct connection to the school. The school district must argue that it provides a disruption to school operations or constitutes a true threat in order to discipline students involved. This includes bullying and threats published off-site or during non-school hours. Most legal cases have sided with the school districts, so moral of the story, don't do it. Be kind online.
For communication between staff and students, it must be through district provided email addresses and must always be professional. Our board policies cannot prohibit communication based on effective teaching practices because we want our staff to be able to communicate with our students. Missouri law and board policy states that parents should be notified of personal phone to phone text messaging. Text messaging using a proxy number, such as Google Voice or Remind 101, is an exception.
Teachers can use mobile phones on school property for educational purposes, but never in such a way that would disrupt work or interfere with the supervision of students. No parent, staff member, or student should use a mobile phone while driving for a school-sponsored event. Texting while driving is worse than driving while drunk, so you should avoid it while driving, whether it's a school-sponsored event or not. Be safe. And wear a seatbelt. (Shout out to the Driver's Ed teachers out there!)
All staff and students have to sign an Acceptable Use Policy to use district devices and email. Part of that AUP states that the district can upgrade, install, or remove programs and systems as needed. We're also allowed to restrict speech on district devices because we're a closed forum. In addition, we're not liable for any damages to or for the loss / theft of any student-brought device.
There's no policy or law for social media. My advice for teachers - create an education account for your classroom. Don't link it to your personal account, and only post things that are education related. And always, always, be professional on social media. There's also no policy for student-brought devices, so students are allowed to use devices in class for educational purposes, as long as they have the permission of their teacher. My advice for students - ask your teacher before you use any device. And be ready to explain why you need to use it. How does it benefit your learning? Teachers love when you can respectfully explain that you want to use an app on your phone because it will help you learn better in specific ways.
Finally, recording by district personnel is allowed as long as it furthers our educational mission. Students are not allowed to record unless authorized for a class or school-sponsored event by a teacher or principal. No recording is ever allowed in areas that violate privacy, such as bathrooms or locker rooms.
And that's it! Missouri education law and policy with regard to technology in a nutshell. That said, I am by no means a legal expert, so don't take my word for it. Definitely see for yourself and check out Centralia board policy here: https://eboard.eboardsolutions.com/ePolicy/PolicyOverview.aspx?S=40&Sch=40