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As the Director of Communications for Seminole ISD, it is imperative that I monitor the overall conduct of employees of the district when they represent and/or associate as an employee of the school district on their personal social media platforms. This informational guide is intended as professional development for both new and existing employees during teacher inservice prior to the start of the school year.

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Social media is an important factor in today's society. School districts must establish policies in order to enforce ethical and professional behaviors of it’s employees. This includes representing the school district on personal social media platforms. As social media continues to evolve and play an integral part and a means of communicating the successes of students and staff with its community stakeholders, the District must stay abreast of any potential legal issues. The ability to create a policy that protects both the district and the employees speech and employee rights, is a difficult task.

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If an employee's electronic communications violates state or federal laws, or prohibits them from performing their job duties, the district may have reason for disciplinary action. Electronic communication includes the use of any electronic device, such as a telephone, computer, computer network, personal data assistant, or pager. (Texas Association of School Boards, 2019).

E-mails

Text Messages

Instant Messages

Any Communications through an Internet website

Social Media Website / Social Network

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There is a trending issue of teachers' posting controversial and/or inappropriate content, although not intended for the school community, is seen by students, families, and colleagues.

School Districts develop policies that balance the First Amendment rights of its teachers while upholding the integrity of the institution (Vasek et al., 2016).

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Educator and fitness instructor gets suspended with pay after a Facebook video of her dancing on a pole is leaked.

Local policy prohibits posting of "indecent" photos or graphics.

Local policy states the employee is a role model for its students and, "employees are responsible for their public conduct even when they aren't performing their job duties as employees of the school system" (Schwartz, 2018).

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A North Carolina teacher has been suspended with pay after Facebook videos of her pole dancing in her home leaked to officials in her school district.

Kandice Mason, a 6th grade teacher in Hoke County public schools who moonlights as a pole-dancing fitness instructor, was suspended on Aug. 16 due to violations of the county's social media policy and the state department of education's ethics policy for educators, said Donna Thomas, a spokeswoman for the district.

The district policy states that as role models for students, "employees are responsible for their public conduct even when they are not performing their job duties as employees of the school system." The policy also prohibits posting "indecent" photos or graphics. Thomas would not confirm which of Mason's posts violated the policy.

Mason, a veteran teacher who would have started her first year in Hoke County this month, said dance is her outlet for self-expression and a good form of exercise. "I've never felt ashamed of pole dancing," she told WTVD-TV, an ABC affiliate in North Carolina. "It's just an art for me. I just don't see it as negative." (Pole dancing has gained more mainstream appeal in recent years, as fitness studios have started to offer classes-the sport is even making a bid for the Olympics.)

Mason's story has sparked outrage from some teachers, who say that educators shouldn't be penalized for legal activities that they participate in off the clock, and that private activity on social media doesn't have any bearing on job performance.

But as years of similar incidents have shown, teachers have faced professional consequences for posting about their personal lives on social media-even when their activity doesn't have anything to do with their school or their students.

A teacher in Florida was asked to resign in 2013 after her principal saw photos online of her posing in a bikini. And in 2011, a teacher from Winder, Ga., was asked to resign after posting pictures of herself drinking beer on vacation in Europe.

Constitutional Protections

So, what rights do teachers have when it comes to their online profiles?

When teachers are posting on social media in their capacity as a private citizen, they have First Amendment protection for any speech on a matter of public concern, said Mary-Rose Papandrea, a professor at the University of North Carolina School of Law who studies the First Amendment rights of public employees.

That means that if teachers want to post about their opinions on political debates or other public issues on Twitter or Facebook, their school districts aren't legally allowed to fire them for expressing their views.
See also: Using 'Social Media Wisely' in Education
There's one exception to this rule: Even speech on issues of public concern can be subject to what's called a "balancing test." If the views expressed in a teacher's social media posts could interfere with her ability to do her job, or cause harm to students or staff, they might not be constitutionally protected.

A good example, said Papandrea, is an incident from New Jersey where a high school teacher's license was suspended after she posted anti-gay comments to her personal Facebook page.

"Those kinds of statements made in private time reveal private prejudices that may manifest in the classroom," Papandrea said.

The school district could argue that holding these opinions demonstrates their employee doesn't have the qualifications to be a teacher, because they might not be supportive of all students, she said.

If teachers' posts are purely personal-not related to a broader public interest-their speech isn't protected, said Papandrea.

"The pole dancing and the beer drinking-they aren't matters of public concern," she said. Districts are within their power to fire teachers for participating in these activities and posting about them on social meda-regardless of whether the posts were shared on public pages or originally intended for a smaller audience, she said.

It can be difficult to determine what counts as inappropriate behavior when district policies don't list specifics, said Papandrea. Policies like these give "the government too much power to decide what is permissible and not permissible," she said. "What you think is appropriate behavior for a role model, the person next to you might disagree."

Her advice for school districts: "Give adequate guidance to the teachers so that they're aware on what they should and shouldn't do," and be as specific as possible.
Photo: A still image taken from video provided by WTVD-TV of Kandice Mason during an interview in Raeford, N.C. Mason, a middle school teacher who moonlights as a pole-dance instructor, has been suspended by a North Carolina school district. -WTVD-TV via AP

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A Teacher Was Suspended for Posting a Video of Herself Pole Dancing. But What Are Her Rights?

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A North Carolina teacher has been suspended with pay after Facebook videos of her pole dancing in her home leaked to officials in her school district. Kandice Mason, a 6th grade teacher in Hoke County public schools who moonlights as a pole-dancing fitness instructor, was suspended on Aug.

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Constitutional Law

Congress shall make no law that prohibits the freedom of speech (U.S. Const. amend. I).

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Constitutional law

Cannot deprive a person of life, liberty or property without due process (U.S. Const. amend. XIV).

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Slide 8: Pickering v. Board of Education

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Slide 8: Pickering v. Board of Education

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Judicial law

Teachers have the right to speak on important public issues without having their position terminated (Pickering v. Board of Education, 1968).

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FindLaw's United States Supreme Court case and opinions.

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Case opinion for US Supreme Court PICKERING v. BOARD OF EDUCATION. Read the Court's full decision on FindLaw.

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School campuses will maintain a safe and disciplined environment conducive to student learning (Tex. Educ. Code § 4.001).

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE A. GENERAL PROVISIONS



CHAPTER 4. PUBLIC EDUCATION MISSION, OBJECTIVES, AND GOALS



Sec. 4.001. PUBLIC EDUCATION MISSION AND OBJECTIVES. (a) The mission of the public education system of this state is to ensure that all Texas children have access to a quality education that enables them to achieve their potential and fully participate now and in the future in the social, economic, and educational opportunities of our state and nation. That mission is grounded on the conviction that a general diffusion of knowledge is essential for the welfare of this state and for the preservation of the liberties and rights of citizens. It is further grounded on the conviction that a successful public education system is directly related to a strong, dedicated, and supportive family and that parental involvement in the school is essential for the maximum educational achievement of a child.


(b) The objectives of public education are:


OBJECTIVE 1: Parents will be full partners with educators in the education of their children.


OBJECTIVE 2: Students will be encouraged and challenged to meet their full educational potential.


OBJECTIVE 3: Through enhanced dropout prevention efforts, all students will remain in school until they obtain a high school diploma.


OBJECTIVE 4: A well-balanced and appropriate curriculum will be provided to all students. Through that curriculum, students will be prepared to succeed in a variety of postsecondary activities, including employment and enrollment in institutions of higher education.


OBJECTIVE 5: Educators shall cultivate in students an informed American patriotism and lead students in a close study of the founding documents of the United States and Texas. The purpose of this objective is to:


(1) increase students' knowledge of the deepest and noblest purposes of the United States and Texas;


(2) enhance students' intellectual independence so that students may become thoughtful, informed citizens who have an appreciation for the fundamental democratic principles of our state and national heritage; and


(3) guide students toward understanding and productively functioning in a free enterprise society.


OBJECTIVE 6: Qualified and highly effective personnel will be recruited, developed, and retained.


OBJECTIVE 7: The state's students will demonstrate exemplary performance in comparison to national and international standards.


OBJECTIVE 8: School campuses will maintain a safe and disciplined environment conducive to student learning.


OBJECTIVE 9: Educators will keep abreast of the development of creative and innovative techniques in instruction and administration using those techniques as appropriate to improve student learning.


OBJECTIVE 10: Technology will be implemented and used to increase the effectiveness of student learning, instructional management, staff development, and administration.


OBJECTIVE 11: The State Board of Education, the agency, and the commissioner shall assist school districts and charter schools in providing career and technology education to students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 82, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 405 (H.B. 136), Sec. 1, eff. June 1, 2017.


Acts 2021, 87th Leg., R.S., Ch. 1005 (H.B. 4509), Sec. 1, eff. June 18, 2021.


Sec. 4.002. PUBLIC EDUCATION ACADEMIC GOALS. To serve as a foundation for a well-balanced and appropriate education:


GOAL 1: The students in the public education system will demonstrate exemplary performance in the reading and writing of the English language.


GOAL 2: The students in the public education system will demonstrate exemplary performance in the understanding of mathematics.


GOAL 3: The students in the public education system will demonstrate exemplary performance in the understanding of science.


GOAL 4: The students in the public education system will demonstrate exemplary performance in the understanding of social studies.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

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EDUCATION CODE CHAPTER 4. PUBLIC EDUCATION MISSION, OBJECTIVES, AND GOALS

# data[].attributes.attachment_link.description
EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE A. GENERAL PROVISIONS CHAPTER 4. PUBLIC EDUCATION MISSION, OBJECTIVES, AND GOALS Sec. 4.001. PUBLIC EDUCATION MISSION AND OBJECTIVES.

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Slide 10: Seminole ISD Employee Handbook 2020-21

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Slide 10: Seminole ISD Employee Handbook 2020-21

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Administrative law

Personal Use of Electronic Communications - Teachers are responsible for their conduct even when they are not acting as district employees. This includes all forms of social media (Seminole ISD Employee Handbook, 2021).

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Seminole ISD is located in Seminole, TX.

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Section 1.7 of Texas Administrative Code of Ethics

The educator shall comply with state regulations, written local school board policies, and other state and federal laws (19 T.A.C. § 247.2).

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) 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, email, 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: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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More employers and recruiters now regularly check social media profiles of individuals who are applying for a position.

Status updates, tweets, check-ins, pictures, videos, and "liked" content and pages are taken into consideration when employers are vetting a candidate.

Content shared by a creator can "live forever, even if you delete them later" (Ashford, 2021).

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Sure, you love to post pictures of your vacation antics or your kid's first day of school. But social media can also be a powerful tool for your professional life. You can use it to build your personal brand, grow your network, establish yourself as an expert in your field, or give prospective employers a glimpse into your personality.

It can also be full of pitfalls. More employers and recruiters now regularly check candidates' social media profiles before hiring them, and screenshots of status updates and tweets mean your electronic words can live forever, even if you delete them later.

And it's not just your own posts-your activity, including those stealth "likes," can come back to haunt you, too. "One thing people are often surprised to learn is that an employer can not only see their LinkedIn profile but also see every post they've liked, commented on, or shared, in addition to any posts they're sharing to their feed," says Michelle Merritt, executive partner at Merrfeld Career Management. "We remind clients to be cautious in what they react to."

These crucial dos and don'ts will help you navigate the social media maze.

Infographic design by Milkwhale

1. Do Be Respectful

Avoid attacking others, and use your best judgment about your own posts. Could they be viewed in a negative manner? Would you shout what you've just typed into a crowd? Think before you post, and of course, steer clear of profanity. "Once you're an adult, that's not cool," says Jason Patel, founder of Transizion, a college- and career-prep company. "It means you can't control yourself."

2. Don't Post About Politics or Religion

Unless you work in politics, it's best not to take any sort of controversial stance on public social media, especially if you're applying for a job in a sensitive position where you need to protect data, protect client information, or be someone that others go to for advice. "If someone's trying to hire you for a job, don't let them think all your advice is going to be biased from the get-go," Patel says.

3. Do Have a Presence on LinkedIn

LinkedIn is an important tool for networking and professional brand building, so you should have a complete profile there-with professional headshot. (Please, no selfies.) "It's really your electronic resume now, and a lot of the same rules apply," says Susan Hosage, senior consultant and executive coach with OneSource HR Solutions. "Make sure the content is grammatically correct and spelled correctly, and that all the jobs and titles and dates are accurate."

4. Don't Overshare Personal Information

You don't need to post everything that happens to you. "I have a friend who posts every time she's in the ER," Hosage says. "You don't want to say that discrimination exists out there, but discrimination exists. If somebody does a search and they see something that isn't appealing to them, it could affect a hiring decision." Before you share, consider: What would a potential employer think if they read this?

5. Do Learn to Love Your Privacy Settings

We know what you're thinking: How are you supposed to have any fun online if you can't be yourself? It's fine to be a little looser on Facebook or Instagram-if you keep those profiles private. Either lock down your privacy settings (you can also change your profile name to a nickname or first-plus-middle for extra anonymity) or keep your posts aboveboard.

6. Don't Trash Talk Your Employer

"We've seen this occur on multiple occasions where an offer letter is rescinded due to a candidate's bad-mouthing of a current or former employer on social media," says Robert Moses, founder of The Corporate Con/noisseur. Doing so makes you look unprofessional and negative-qualities most hiring managers aren't eager to add to their teams.

7. Do Keep Sensitive Company Info Under Wraps

It's natural to want to brag about your work accomplishments. But remember that what you do at work may be proprietary information, and if you've signed any nondisclosure agreements, you could be jeopardizing your job by posting. Even if there's no NDA in the mix, it may just bug your boss to see you posting work information online. When in doubt, skip it. "There's more to lose by bothering your supervisors than there is to gain," Patel says.

8. Don't Post During the Workday

It's one thing if you're sharing professional posts on LinkedIn that promote the company or publicize a big company announcement. It's another if you're tweeting about your fantasy football team at 10 AM. "It starts to cause your employer to think about how committed you are," Hosage says.

9. Do Contribute to the Discussion

Participating in industry-related discussions on social media can elevate your personal brand. You can post interesting or relevant articles, respond to the latest news, and connect with other experts in your field.

That said, take a beat before you post or respond to something super-contentious. "You're probably better off keeping hot takes to yourself," says Jason Myers, a senior executive with The Content Factory. "We live in an extremely polarized society where many people are quick to react to posts or stories without taking a moment to evaluate whether their opinions are adding any actual value."

10. Don't Feel You Must Post Constantly

You know that person in your network who somehow manages to post professional content five times a day every single day? Don't worry about competing with them. You don't need to post every day, or even every week, if you don't have something to say.

"As a matter of fact, if you seldom post, but you really put thought and attention into the posts you do make, the audience you're posting for could pay more attention," Patel says. "Because you're not someone who opens your mouth all the time. You're someone who picks and chooses your words, and people respect that."

Kate Ashford is a freelance journalist and content writer who specializes in personal finance, work, health, and consumer trends. Her work has appeared in print and online at the BBC, Forbes, Good Housekeeping, Health, Money, More, Parade, Parents, and Real Simple, among others. She's also created content for a variety of financial clients.

More from Kate Ashford

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Top 10 Tips for Using Social Media to Help Your Career, Not Hurt It

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Sure, you love to post pictures of your vacation antics or your kid's first day of school. But social media can also be a powerful tool for your professional life. You can use it to build your personal brand, grow your network, establish yourself as an expert in your field, or give prospective employers a glimpse into your personality.

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A school district's social media policy must be aligned with the constitutional rights of its employees, as deemed by the U.S. Supreme Court.

An employee may speak on issues of public importance without being dismissed from their duties; i.e. terminated.

An employee's social media content must not interfere and/or hinder their ability to do their job, cause harm, or negatively impact the education of the student.

Employees must be given due process. In part, that must include adequate training for the employees.

The Employee Code of Conduct Handbook for the district will include detailed information of what is deemed as inappropriate conduct.

Social media content shared by the creator is subject to be seen by its employer.