Cunningham Addresses 'Social Media Law' in Ellisville

Missouri Sen. Jane Cunningham (R-Chesterfield) said two more Missouri teachers lost their licenses last week due to to "sexual misconduct," underscoring the need for the new law, she said, that curtails communications between students and teachers over online social media.

This pattern is why state legislators passed Senate Bill 54, Cunningham said. The law is now often referred to as "the Facebook law."

Cunningham attended the board of education meeting Thursday at Crestview Middle School to answer questions about the bill and to help clear up confusion about its implications.

"A five-year investigation indicated that 2,500 teachers lost their licenses due to sexual misconduct," said Cunningham. "Missouri ranks as the 11th worst state for this, with 87 teachers having lost their license due to this reason. It is a growing problem."

She told Patch after the board meeting the bottom line of the new law rests in two main considerations:

1. Remembering that students are minors who are supposed to be protected by parents and guardians.
2. Communications between a teacher and student that is hidden from others is not allowed. Conversely, open Facebook pages established by coaches specifically for teams, for example, should not be problematic because parents and other Facebook users can see its contents.

The bill, which goes into effect Aug. 28, actually creates the "Amy Hestir Student Protection Act."

It states:  "By Jan. 1, 2012, every school district must develop a written policy concerning teacher-student communication and employee-student communications. Each policy must include appropriate oral and nonverbal personal communication, which may be combined with sexual harassment policies, and appropriate use of electronic media as described in the act, including social networking sites. Teachers cannot establish, maintain, or use a work-related website unless it is available to school administrators and the child's legal custodian, physical custodian, or legal guardian. Teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student. Former student is defined as any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated."

The law also dictates that by Jan. 1, 2012, each school district must include in its teacher and employee training a component that provides information on identifying signs of sexual abuse in children and of potentially abusive relationships between children and adults, with an emphasis on mandatory reporting. Training also must include an emphasis on the obligation of mandated reporters to report suspected abuse by other mandatory reporters.

Cunningham said the heart of the bill is requiring districts to disclose the news about teachers' sexual misconduct if they get a call of reference. "If you don't disclose what you know as a district, you are liable in the future," said Cunningham.

"Nobody felt good about keeping their mouths shut about this, and we don’t want to 'pass the trash' from one district to another," she said.

She indicated because students are minors, hidden communications should not be allowed.

Rockwood board of education director Matt Doell said he didn't believe everyone was clear on what "hidden" means.

Cunningham said it was any time access to teacher-student communication is exclusive, rather than inclusive, of parents, guardians, administrators and the public.

How Rockwood is preparing

Steve Beatty, Rockwood chief information officer, and Katie Reboulet, Rockwood director of human resources, provided a presentation at the board meeting about the district's preparation regarding the new law.

"Until we have policy created, we urge all Rockwood teachers and employees to be cautious," said Beatty. "It's all about avoiding any times of exclusive access to students."

He said a notification was sent to parents of the district, and a districtwide committee had been formed in the last couple of weeks. He and Reboulet are co-facilitating the committee, which consists of four teachers, including a coach, two high school students, three parents, seven representatives from Rockwood's human resources, communications and technology departments and two executive leaders representing the elementary and middle schools.

"We have to create a totally new policy," said Beatty, who also said Aug. 29 would the committee members' first meeting. He said they also would take into account a five-page compilation, based on teachers' feedback. Committee members will work on a communications plan.

Rockwood administrators turned to St. Louis law firm Lashley & Baer to provide legal briefings regarding legislation changes affecting the district's students, parents or employees. Beatty said they hoped to get a draft policy from the legal counsel.

Cunningham urged Rockwood board of directors to use the Missouri State Teachers Association for this activity. "Get a sample policy from them. Don’t pay lawyers for this," she said.

Cunningham said she "didn't believe lawyers would have a feeling of the gist of what happened with this legislation." She also told Rockwood's directors other districts had developed sound policies and already had tried them out, such as Francis Howell and Fort Zumwalt.

"Those schools established policies more strict than the law we put in. You should check with them," said Cunningham.

Union members, Missouri National Education Association, and all teacher organizations supported this law, as did educational groups, said the senator. "This law passed unanimously in both the house and senate. There was not one vote against it. We worked on it for four years, and I really do believe students and school districts will be better off because it is in place."

Ironically, on Friday the Missouri State Teachers Association filed a lawsuit designed to stop a portion of the bill.