Association of Texas Professional Educators

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Legal Opinions

by Lori Jaross, ATPE staff attorney

Is Facebook an educator’s friend or foe?

Communicating used to be simpler. You could make a phone call or write a letter. Now you can tweet, post, text and instant message.

Anyone who chooses to use communication tools such as Facebook, Twitter and text messaging takes on the responsibility of ensuring that his activities reflect an appropriate, professional image. Once released into the electronic wilds, your words and images are no longer under your control. Although all users must recognize (and, in some cases, learn the hard way) that texts are easily forwarded and that co-workers and supervisors see their activities on social networking sites, educators are in a unique position. Their students—and their students’ parents—are “following” them, too.

A matter of discretion

Monitoring and regulating communication in the age of text messaging and social networking is uncharted territory for school districts. At this time there are no generally recognized legal standards as to what is appropriate and what is not. Is it OK to text a student her homework assignment? Is it all right to accept parents and students as “friends” on Facebook? No answer is set in stone. In the end, the answer is, to a large degree, left up to district discretion. Although some states have passed laws requiring districts to establish policies regulating school district employees’ student/parent communication, Texas is not one of them. And only a handful of Texas districts have addressed preferred methods of communication in either their student or employee handbooks. This leaves decisions to be made at the campus level or in district policies approved and adopted by the school board.

Even if districts have not addressed student/parent communication via text or social networking in their policies, they can most likely still use their discretion in determining what action, if any, to take should communication become questionable—and the point at which communication becomes “questionable” is in the eye of the beholder.

Although you might think nothing negative could result from texting a student a compliment or becoming his friend on Facebook, such actions could open the door to various complaints or allegations from parents or students. A parent could make an allegation of inappropriate communication over one text message. Regardless of your intent, the district would likely investigate the allegation. Similarly, if a parent sees a tagged photo of you in a bathing suit and holding a beer bottle, the parent could consider the photo inappropriate and contact the district to complain. Such situations are all too common. It is best to take preventative measures to avoid them. You must weigh the potential value of a communications tool in forming student/parent relationships against the possibility of your communication being perceived as inappropriate.

Guidelines for professionalism

So how does an educator know what to do? Start by studying your district’s policies and approach. Some districts have begun to use social networking sites to reach out to students and parents. Many districts make campus or teacher Web pages available to educators as communication tools. In addition, districts also provide employees with school e-mail addresses. These district-provided tools can improve communication when used according to district policy. However, if your district is more restrictive and only allows school e-mail to be used with staff members, prohibits the use of social networking sites or has specific rules about the use of a campus or teacher Web page, follow district policy.

Here are further guidelines to help you determine what communication methods are appropriate:

• Ask your administrators for guidance if you have questions regarding the student/parent communication policies outlined in your employee handbook. Eligible members may also contact the ATPE Member Legal Services Department for assistance.
• Do not accept students or parents as “friends” on Facebook or other social networking sites unless either your district allows it or your administrators are aware of your activity and approve of it. (Remember that anyone can read a public Twitter profile; no official “follow” request must be made.)
• Err on the side of caution: Do not give your personal cell phone number to students unless your campus or district encourages you to or allows doing so for emergency communication. In some situations, coaches might be allowed to text, but it would be best to get parents’ permission beforehand and keep administrators in the loop. If a student reaches out to you for help and wants your cell phone number “just in case,” it might be in your best interest to get a counselor involved rather than blur the line of the student/educator relationship.
• Recognize that as a public school educator you are held to the highest standard. When posting, tweeting, texting, calling or communicating in any other way with a student, parent or co-worker, ask yourself: “Would I say this if my principal, my mother and my old first-grade teacher were standing here?”

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