Don’t Be Stupid: S i l M di F T hSocial Media For Teachers

Karen HaaseKaren HaaseHarding & Shultz

(402) 434-3000(402) 434 3000khaase@hslegalfirm.com

H & S School Law

@KarenHaase

Social Networking?

Fisher v. Snyder476 F 2d 375 (8th Cir 1973)476 F.2d 375 (8th Cir. 1973)

• Probationary teacher had out of town yhouseguests overnight in her apartment

• Board Findings of Fact:Board Findings of Fact:– Frances A. Fish[er] is a single woman– That on several occasions during the current school g

year men, not related to Frances A. Fisher, stayed in her apartment in Tryon, Mc-Pherson County, Nebraska, on several occasions ranging from one night to a period of at least one week, this

tit t d t b i t hconstitutes conduct unbecoming a teacher

Fisher v. Snyder476 F 2d 375 (8th Cir 1973)476 F.2d 375 (8th Cir. 1973)

• “While a school board may legitimately inquire into the character and integrity of its teachers, it must be certain that it does not arbitrarily or capriciously dismiss a teacher based on unsupported conclusions d f h i i i ”drawn from such inquiries”

• “[H]ere there is no proof of improper conduct”

• “Idle speculation certainly does not provide p y pa basis in fact for the board’s conclusory inference….”

Fisher v. Snyder476 F 2d 375 (8th Cir 1973)476 F.2d 375 (8th Cir. 1973)

• “She did not attempt to conceal the ppresence of her house guests…”

• “No evidence of a community reactionNo evidence of a community reaction against Mrs. Fisher has bee presented…“ nor has she been sho n incapable of• “…nor has she been shown incapable of maintaining discipline in her classes because of any inference of impropriety drawn by her students or their parents.”

Nebraska Statute< Neb. Rev. Stat. §§ 79-824, 79-827, §§ , ,

79-829< Reasons for Termination and/or< Reasons for Termination and/or

Cancellation:- Unprofessional Conduct- Immorality- Other conduct which interferes

substantially with the continuedsubstantially with the continued performance of duties

Teacher UseCauses for Concern

- Drug/Alcohol UseS l I i t- Sexual Inappropriateness

- Inappropriate Communication pp pwith StudentsInappropriate Comm nication- Inappropriate Communication about Students

- Selling School Property

Responses: Missourip required every school district develop a

written policy concerning teacher-student communicationsco u c o s

teachers prohibited from having a non-work-related website that allows exclusivework-related website that allows exclusive access with a current or former student.

T il j i d Temporarily enjoined Repealed by state senate

Responses: West Hartford pConn. Sch. Dist.

Policy prohibited any communication that has “a negative or compromising impacthas “a negative, or compromising, impact on a teacher’s ability to teach in the

?“classroom?“ Union threatened suit – backed off when

lawyer actually examined policy

Responses: North Carolina pand Wyoming

Districts requiring applicants to disclose username and password for all socialusername and password for all social media sites

i i i Litigation threatened, but not yet pursued

Ed. Benefits of Social Med. Univ. of Minn. Study:

94 t d th I t t• 94 percent used the Internet, • 82 percent go online at home and • 77 percent had a profile on a social

networking site. g What do student learn

• technology skillstechnology skills• creativity• current events• current events • communication skills.

Classroom applications Communication with kids:

S h d li i t t• Scheduling, assignments, etc• Homework collaboration and feedback

Collaboration in classroom• Instant pollsp• Substantive content

Delivery of content Delivery of content• Supplement lectures• “flipping”• “flipping”

Our Warnings to Educators Keep Separate Personal and Professional

P /F d / tPages/Feeds/etc. Do not friend students (unless you have

independent relationship with kid) Think twice, post once, p Update only when appropriate Disable Disable

• Tagging and Geo-tagging• Friends of friends accessing photos• Friends of friends accessing photos• Friend Facebook

Did U C Mr. Smith’s FB Page? C id ti R di St ffConsiderations Regarding Staff

Technology UseTechnology Use

Karen Haase Harding & Shultz

(402) 434-3000khaase@hslegalfirm.com

H & S School Law