Social Network Lockdown ... And What To Do About It
Justin Bathon on Thursday, August 19, 2010 at 8:10AM 
Angela Maiers got a note recently from a concerned teacher which she posted on her blog (thanks to @Linda407 for notifying me). The note basically articulates the tenuous position a teacher finds himself in after the school has issued policy stating that social networking (facebook/twitter, specifically) is not permitted at all during school hours - not even during the teacher's duty free lunch hour, according to his contract (must be a union state). The teacher is an avid user of facebook and twitter and so is very concerned and frustrated with this new policy and is at least considering violating it, even if it makes him a "martyr."
So, both he and Angela asked about the legal issues surrounding this situation, so a quick refresher followed by some advice.
First, duty free does not necessarily mean duty free, at least legally (see, for example Texas' law). Perhaps the union in that district negotiated that provision in the contract (good for them) but that provision does not mean you have no relationship with the school during that 1/2 hour.
Now, breaks (meal and otherwise) are actually not a real clear legal area. There are just not all that many laws out there on the rights and responsibilities during breaks (if you are interested, here they are). Anyway, the lack of legal clarity here is probably bad for the employee's case as it gives employers lots of flexibility during these periods. So, I hear you saying it, "I'm not even getting paid during lunch." Yep, that's true. But, you are also not getting paid in the 15 min. before school officially starts nor the 30-45 min. after school officially ends, yet I think most of you would agree that a teacher feels some level of responsibility toward the school during these periods.
All of that is a long way of saying ... if you are at the school while the kids are there, you have some responsibility to be a teacher. How much? What types? That's all hard to say and would probably wind up being a roll of the legal dice (and cost you $10,000 or so) to find out.
Next step, what if you leave school premises and tweet while at McDonald's over lunch? Well, while the on-campus responsibilities will not apply, this is when the teacher lifestyle regulations kick in (side note: apparently Dave Schimmel has started convincing people to refer to such regulation as "teacher out-of-school conduct" - not sure whether I buy into that yet; I'll probably post on it eventually). Historically we have always given schools some latitude in regulating teacher behavior even outside of school (you can watch this module if you want to know more), so when your tweet pops up at 12:13 pm on the principal's tweetdeck account ... there is at least a legal avenue by which the administration can make an argument for regulation.
Okay, I don't want to be Mr. Doom and Gloom entirely, so let's quickly look at the teacher's rights. Teachers are provided some expression rights and depending on the content of the tweet, that might come into play to protect the teacher. I won't even get into Garcetti, but I have before so you can read it there. Also, the contract language of a duty free lunch could be construed the other way to protect social networking during lunch (again, that's a roll of the dice, depending on your state). And, if lifestyle is their argument, I think the teacher could make a good case that no natural nexus exists between social networking and school (although I know some would disagree).
So, the bottom line as I see it (again, see disclaimer on right ... not legal advice) is a mixed bag and probably a legal fight. There is enough uncertainty in the law that the school might be willing to fight, meaning a lost job plus high legal costs for the teacher. Is tweeting during lunch worth it? I highly doubt it.
Look, the real problem here is this school's disdain for social networking. It is probably unfounded and reactionary, but it is real. If I were the teacher, that's the issue I would spend my time working on. Make it clear to the principal that you will abide by their rules, but that you disagree with them. Then, ask if you can set up a Twitter account for them. Or, friend them on Facebook. Or, show them Ning or Buddypress. Give them the names of principals in nearby districts that use social networking (your tech. coordinator will probably know of some). Ask to form a committee to review the policy. Ask to present that committee's report to the board. You get the idea. There are lots of acceptable, totally legal, avenues that you can take (it is still a democracy, after all).
A kamikaze mission might change the policy in your instance, but it won't change the hearts and minds in your district. Your responsibility is to change the hearts and minds, not to go down in a blaze of glory.
Reader Comments (7)
The path of least resistance I have found during school hours is to ONLY use social networking online if it is school-related. For instance, I tweet homework and other valuable information, but I do not use Facebook. Since parents and students follow me on Twitter for these things, I believe that it is reasonable for me to use the services and expect no repercussions.
However, if there ever was an issue, I would do what I was told and continue to work with my district technology committee to change the policies, as i am doing to hopefully open up the use of student smart phones in our building.
The original post ended with commentary on the disdain for social networking. While that may have some degree of presence in schools, I think the bigger issue is two-fold: One, there is an issue of educational purpose of the use of school-owned resources, and secondly (and a much bigger item), is the blurring of what used to be very distinct lines and boundaries.
Of the first issue, schools should have concerns about the purpose and nature of use of the technology that has been publicly funded (assuming we are talking about school-owned resources). In a recent Wisconsin Supreme Court case, open records laws narrowly protected "personal" communications of teachers sent via school owned resources. The case involved whether or not teacher personal use of school resources rose to a level of public interest to a degree that would allow them to be considered outside the "purely personal communications" exemption in state statutes. The original requester of the records filed his Freedom of Information Act request to seek documents to prove or disprove that teachers "were doing their job". The school district provided personal email communications and the state teacher's union file a motion to block the release. This honestly could have gone either way as Wisconsin presumes ANYTHING recorded to be of public interest unless it meets certain exemptions.
The point being that when people use school owned resources for personal purposes, the results could be made public. Depending on what technology we are talking about, the responsibility to respond to those requests could be difficult. If someone was tweeting about school business, in our state, we would have to produce records if ever asked (and it matters not where or who's device the tweet was coming from).
Which also brings up some very blurred lines. The education profession has very typically had distinct lines drawn between social and professional interactions between students and teachers. Part of that issue is because of time and physical space (which is eroding), because students and teachers usually come together in their formal positions in a classroom. Even online course have a boundary drawn by learning management systems (Moodle if you will or Blackboard) - It has purpose and role definition - just like a classroom. Even in the chance meeting at a grocery store, the interactions are generally very formal with distinction between adult and student.
With social networking sites - especially those designed specifically for social networking (Twitter and Facebook), all of those boundaries fade away (unless someone carefully crafts them by using account only for their student-to-teacher interactions). I am not placing judgment on this blurring, but it does bring more social interaction into the mix of things. This blurred distinction is getting mixed in with the, "It's my phone, but the district's network" issue and with the, "I am at home in the evening, but I am performing my duties as a teacher interacting with kids" and tossing together with legal aspects of public and open records and most recently for Wisconsin: Mandatory reporting laws for abuse.
Whew... Most people have not really thought through all of this when advocating for one position or the other on this issue, but it is complicated.
@Joel - Totally 100% agree, Joel. Fabulous points. I actually made many of the same points in an article that should be coming out soon in the Journal of School Leadership (i could send a draft if you like). But, I didn't make the public ownership/public record argument. That's a good addition to the complexity of this issue. The blurring of the home/work lines is really one of the main driving forces of change in our schools at the moment. I actually said that Garcetti is a horrible decision expressly because it relies on clear lines between work and home life in making the legal determinations -- at a time when those lines are eroding. Anyway, would be interested in your feedback on that article if you are interested.
@Matt - totally feel like that is the way to go and that your twitter use is right on target for a good, professional use of twitter (especially when folks subscribe to the updates via SMS).
Justin-
Thanks so much for your response and post. This is a critical conversation we need to continue, and seeing it from all angles will help move us in the right direction as leaders and learners. More thoughts shared here - http://bit.ly/9wmVlN
What I find interesting is the thought that there is an "erosion" between the professional and personal lives of students and teachers. While I wholeheartedly agree (and follow) that there is some line between students and teachers, I think that that line has become more focused and delineated in recent history. Before, you had teachers, students, and families that worked closely, not only in the school but also there personal lives. Any reasonable adult would guard against there students or families knowing or seeing anything destructive to their relationship, but that to me seems basically human.
I guess what I am saying is that teachers should treat their social networking lives like the rest of their lives; it isn't a free-for-all, but one where you need to understand context. I can't imagine that this basic understanding could be detrimental to the overall ability of a district to serve children (which should be the end-goal of us all).
Also, this is a great moment for us all to understand to "Preview Post." The idiot teacher blew 2 there/their/they're. My apologies.
@Justin - I'd be honored to review your article!