Use of Social Media by Educators

1. Take This Job and Tweet It
Mike Leasor
Managing
Shareholder
Leasor
Crass,
P.C.
Holly Teague
Deputy
Superintendent
Weatherford
ISD

2. Overview Learning Goal
• What is “social media” and
how can it be a problem?
• What rights do educators have
that are related to social
media?
– What rights are provided to all
citizens?
– Why are public educators
treated differently?
– How are public educators
treated differently?
• Best practices for staying out
of trouble (and off the 10
o’clock news)
We will identify most common
social networking sites and how
using social media can promote
our personal and professional
brand.
I will be able to tell a partner how
my use of social media both
personally and professionally
can help and hurt me.

4. NaBonal
Study
The Most Recent Free Version

5. Over
Half
of
Americans
Have
a
Profile
on
a
Social
Networking
Site
24
34
48
52
56
0
10
20
30
40
50
60
2008
2009
2010
2011
2012
% Who Currently Have a Personal Profile Page Any Social Networking Website
Source:
The
Social
Habit,
June
2012

6. Awareness
of
Leading
Social
Networking
Sites
is
Ubiquitous
39
45
85
90
93
0
10
20
30
40
50
60
70
80
90
100
Linkedin
Google+
MySpace
TwiYer
Facebook
%
saying
"yes"
“Have you ever heard of the social networking website named…”
Source:
The
Social
Habit,
June
2012

7. Facebook
Is
the
Dominant
Social
Network
8
10
13
54
56
0
10
20
30
40
50
60
Google+
TwiYer
LinkedIn
Facebook
Any
Social
Network
%
saying
"yes"
%
saying
"yes"
“Do you currently have your own profile page on…”
Source:
The
Social
Habit,
June
2012

8. Year-­‐Over
Year
Growth
in
Social
Networking
Greatest
Among
People
Age
45
and
Older
% by Age Group Who Currently Have a Personal Profile Page on Any Social
Networking Website
76
80
68
63
45
31
15
81
80
68
65
55
34
23
12-­‐14
18-­‐24
25-­‐34
35-­‐44
45-­‐54
55-­‐64
65+
2011
2012
Source:
The
Social
Habit,
June
2012

9. Approximately
58
Million
Americans
Have
“The
Social
Habit”
% Who Use Social Networking Sites “Several Times Per Day”
5
7
15
18
22
0
5
10
15
20
25
2008
2009
2010
2011
2012
Approx.
12
M
Approx.
58
M
Approx.
18
M
Approx.
39
M
Approx.
46
M
Source:
The
Social
Habit,
June
2012

10. 10
Most
Popular
Social
Networking
Sites
–
January
2014
-­‐
100
200
300
400
500
600
700
800
900
Facebook
TwiYer
LinkedIn
Google
Plus+
Pinterest
Tumblr
Flickr
VK
Instagram
MySpace
Unique Monthly Visitors – In Millions
Source:
eBizMBA.com

11. What is social
media?

12. Social
Media
Webster’s Definition
Defini3on
of
SOCIAL
MEDIA
:
forms
of
electronic
communicaBon
(as
Web
sites
for
social
networking
and
microblogging)
through
which
users
create
online
communiBes
to
share
informaBon,
ideas,
personal
messages,
and
other
content
(as
videos)
First
Known
Use
of
SOCIAL
MEDIA
2004
WISD Handbook Definition
Electronic media includes all forms of
social media, such as text messaging,
instant messaging, electronic mail (e-
mail), Web logs (blogs), electronic
forums (chat rooms), video-sharing Web
sites (e.g., YouTube), editorial comments
posted on the Internet, and social network
sites (e.g., Facebook, MySpace, Twitter,
LinkedIn).
Electronic media also includes all forms
of telecommunication such as landlines,
cell phones, and Web-based applications.

13. In
the
News

14. In the News
Teacher Loses Job After Commenting
About Students, Parents on Facebook

15. In the News
Union Township school officials investigate teacher
who allegedly made anti-gay remarks on Facebook

16. In the News
Alabama teacher allegedly mocks special ed
students on Facebook

17. In the News
Gaston Co. teacher suspended after posting student's
work on Facebook

18. In the News
Teacher sacked for posting picture of herself holding glass
of wine and mug of beer on Facebook

19. In the News
Carly McKinney:
Racy Twitter pix
get Colo. teacher
nixed
Coolest Teacher Ever Fired For
Tweeting Twerk Photos, Calling
Students Jail Bait And Smoking
Weed

20. In the News
Police say teacher used social media to
flirt with student at Fort Worth campus
Missouri college professor
arrested for shooting threat
on Facebook. Posting about
taking weapons to bell tower.
Cops: Fired
teacher sent
Twitter threats

21. In the News
Facebook vent
burns teacher
Teacher
Suspended
for Offensive
Facebook
Post

22. What are your rights?

23. What Rights do Public Educators Have
With Respect to Social Media?

24. Rights of All Citizens

25. But Wait a Minute…
State of Texas Date given Employee_____________
County of _____ Date returned by Employee___________
ONE YEAR
TERM CONTRACT
For
CERTIFIED TEACHER
(“Contract”)
1. Position. The ________ Independent School District (“District”) agrees to employ
_________________________________ (you) as a ______________________________ [Certified
Classroom Teacher, Certified Administrator, Counselor, Educational Diagnostician, Library Media
Specialist, or Nurse].
2. Term. You will be employed on a _____-month basis for the 2011-2012 school year(s), according to
the start and end dates set by the District. The District will provide you with your start and end dates
by the penalty-free resignation date (see Tex. Educ. Code § 21.210). The District may extend the end
date in a school year to the extent the District adjusts the instructional schedule due to a school closing
required by disaster, flood, extreme weather conditions, fuel curtailment, epidemic, pandemic, or other
calamity.

26. A Matter of Balance
Public
employee’s
right to free
speech
School’s
interest in
providing
efficient
services.

27. Three Steps to Analyzing a Public School
Employee’s Free Speech Claim
Was the
speech made
in the course of
employment
duties?
Did the speech
involve a public
concern?
Does the
school’s
interest in
providing
efficient
services
outweigh the
employee’s
right to free
speech?

28. What is Public Concern?
Rubino v. City of New York, No. 107292/11, 2012 NY Slip Op. 50189(U)
(N.Y. Sup. Ct. Feb. 1, 2012)
• Teacher fired for Facebook post about students stating that she hated
their guts and suggesting that she wanted to take them to the beach and
drown them.
• Court found they were made in her capacity as a public employee
because they referenced her students
In re Tenure Hearing of Jennifer O’Brien, State-Operated Sch. Dist. of
the City of Paterson, Passaic Cnty., OAL DKT. No. EDU 5600-11, Agency
DKT No. 108-5/11 (N.J. Comm‘r Educ. Dec. 12, 2011)
• New Jersey teacher posts on Facebook that she isn’t a teacher “I’m a
warden for future criminals”
• ALJ found not protected because not matter of genuine public concern
Snyder v. Millersville Univ., Civil Action No. 07-1660, 2008 U.S. Dist.
LEXIS 97943 (E.D. Pa. Dec. 3, 2008)
• Student-teacher fired for encouraging students to contact her on
MySpace (her page had a picture of her dressed as a “drunken pirate”)
• Court says she was acting in her capacity as a teacher and speech did
not touch on a matter of public concern. Therefore, speech not protected.

29. Matters of Public Concern
Did the government employer have
an adequate justification for treating
the employee differently from any
other member of the public?

30. What are some
restrictions?

31. Federal
• FERPA
• IDEA
• HIPAA

32. Local
• District Board Policies
– CPC-Retention of records
– CQ-Technology resources
– DGBA-Process for concern, complaints
or criticism
– DH-Employee Standards of Conduct
• Code of Ethics and Standard
Practices for Texas Educators
• Model Employee Handbook

33. Local
Board Policy DH (Local)
EMPLOYEE STANDARDS OF CONDUCT
ELECTONIC MEDIA
• Electronic media includes all forms of social media.
Electronic media also includes all forms of
telecommunication, such as landlines, cell phones, and
Web-based applications.

34. Local
• Use With Students
• In accordance with administrative regulations, a
certified or licensed employee, or any other
employee designated in writing by the
Superintendent or a campus principal, may use
electronic media to communicate with currently
enrolled students about matters within the scope
of the employee’s professional responsibilities.
All other employees are prohibited from using
electronic media to communicate directly with
students who are currently enrolled in the District.
The regulations shall address:
• Exceptions for family and social relationships;
• The circumstances under which an employee may
use text messaging to communicate with students;
and
• Other matters deemed appropriate by the
Superintendent or designee.

35. Local
PERSONAL USE
– An employee shall be held to the same
professional standards in his or her public use
of electronic media as for any other public
conduct. If an employee’s use of electronic
media violates state or federal law or District
policy, or interferes with the employee’s ability
to effectively perform his or her job duties, the
employee is subject to disciplinary action, up to
and including termination of employment.

36. Texas Educators’ Code of Ethics
• Standard 3.9. The educator shall refrain
from inappropriate communication with a
student or minor, including, but not limited to,
electronic communication such as cell
phone, text messaging, e-mail, instant
messaging, blogging, or other social network
communication. Factors that may be
considered in assessing whether the
communication is inappropriate include, but
are not limited to:

37. Local
District Board Policy DFBB (Local)
• Grounds for nonrenewal include:
– Conducting personal business during school hours
when it results in neglect of duties.
– Failure to meet the District’s standards of professional
conduct.
– Any activity, school-connected or otherwise, that,
because of publicity given it, or knowledge of it among
students, faculty, and community, impairs or diminishes
the employee’s effectiveness in the District.
– Failure to maintain an effective working relationship, or
maintain good rapport, with parents, the community, or
colleagues.
– Behavior that presents a danger of physical harm to a
student or to other individuals.
– Any reason constituting good cause for terminating the
contract during its term

38. Employee
Handbook
Personal Use of Electronic Media – Policy DH

39. Employee
Handbook
Use of Electronic Media with Students– Policy DH

40. Best Practices for
Staying out of
Trouble (and off the
10 o’clock news)

41. Best Practices
Think before you post, pin, tweet, like,
share…
• “It was just a joke!”
– Content, context and the internet
• “I never meant for you to read that!”
– Know your audience (and your
audience’s audience)
• “But that was years ago!”
– “Internet permanence”

42. Best Practices
An ounce of prevention.
“If you must engage in social media,
please use protection.”
• Learn to use privacy settings!
• Never rely on privacy settings!

43. Personal
and
Professional
Use
1. Never
do,
post
or
say
anything
on
the
internet
that
you
would
not
want
repeated
over
and
over
again
and
which
you
would
not
do
in
public.
2. Everything
that
goes
on
the
internet
stays
on
the
internet
probably
forever
as
far
as
your
concerned.
3. Use
mobile
social
media
sparingly.
4. Keep
yourself
safe.
5. Never
do
your
personal
social
networking
from
a
workplace
computer.
Never
do
ANY
personal
compuBng
from
a
workplace
computer.
That
stuff
isn't
yours
and
may
be
heavily
monitored.
6. PracBce
lemng
go.
7. It’s
not
going
away!
Words of Wisdom

44. hteague@weatherfordisd.com
mike@leasorcrass.com