Administrators are having to fight a legal as well as ethical issue regarding social media and/or inappropriate use of technology with student to student, student to faculty, or even faculty to faculty.  Schools as well as staff, students, or faculty have to be careful with the interaction with each other.  These types of interactions or posts can lead to the student’s identity becoming violated as well as the teacher’s reputation being brought up.  As a mentor to new teachers, I would advise them do not accept friend requests because not only can students see teachers’ post and interactions but teachers see all posts made by the student where it may be illegal or inappropriate. 

My professional perspective as a future mentor to new or student teachers is I can see the effects of social media and inappropriate use of technology.  As problems arise, if it is not noticed or discussed with the students and/or new teacher, serious consequences can happen.  Being in the field of education, students are the essential key to success and teachers are to be their guide.  As teachers teach, students are to learn and expand their knowledge by creating their own memories and skills.  However, some students are using inappropriate uses of social media and technology with their teachers that are putting the teachers in the career in legal or ethical situations. 

The audience of the perspective are the students, student teachers, or new teachers of the profession involved in the inappropriate use of social media or technology with student to student or student to teacher as well as the teachers being mentored.  

As a teacher of 16 plus years, I have had to the privilege to work with thousands of students and feel confident in preparing my students for the real world by allowing them to be constant learners.  I chose inappropriate use of technology and/or social media because I feel some students do not find interests in classes or with their teachers due to a lack of relationship being built.  As a guide as relationships are built, students become constant learners that make knowledge their own as well as have good integrity by correctly using social media and technology.

The United States Department of Education-The US Dept. of Education mandates only federal acts and policies but does not have total control over all of education due to the tenth amendment. The role of the US Dept of Education is to mandate control over financial responsibility as well as bring attention to any educational issue worldwide. It also establishes policies for assistance and allows for the president to execute policies for the US.

State Governing Agency-

Texas Education Agency-This agency oversees both primary and secondary public education in the state of Texas. It improves supports for schools by providing leadership and guidance among schools. This agency is accountable for providing school districts a grading system in order to assess their academic performance among districts and campuses all over Texas.

What I learned

TEA provides regional centers across Texas that provides support and leadership to staff, teachers, and administrators. I also learned that though federal agencies provides federal laws, but it's at the state and even most important district level for policies to be enforced. School districts provide local policies that must require federal and state laws but can also implement their local laws as well.

Source: Federal Constitutional Laws

Link: Title 20 (Education in the US Constitution): uscode.house.gov/browse/prelim@title20&edition=prelim

• Federal Laws in education pertain to Title 20 in the Constitution

• Schools among the nation must abide by these rules and laws.

• Federal laws have a role in students learning throughout the nation and if not obeyed, legal action can be taken against the school or even school district

State Constitutional Laws-

Source: State Constitutional Laws

Link: https://tlc.texas.gov/docs/legref/TXConst.pdf

• Texas state laws can be found in the Texas Constitution under Article VII.

• This section explains funding, requirements for schools, all rules and regulations that are needed in order to maintain a school.

• Texas Constitution regulates all universities and public schools as well with different mandates to maintain.

• State laws have a role in students learning throughout Texas and if not obeyed, the state can gain authority over the school or school district and even shut down if needed.

Reference

TX Const. art. VII, § 1-20.

U.S. Code., title 20, § 30.

Education Code- Sec. 32.1021 (4)

Source of Law: State Statute

Link: statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

Law and Legal Requirements

• This statute ensures that parents are provided resources with to understand cyberbullying and cybersecurity risks for the online safety of their children. 

• This is important to the use of technology among young adults as they are brave behind a computer screen. 

• By not adhering to this law, students and parents can have technology privileges taken away.

Administrative Law:

Texas Government Code Section 2054. 519(b)

Source of Law: State Statute

Link: statutes.capitol.texas.gov/Docs/GV/htm/FV.2054.htm

Law and Legal Requirements

• This law states that a cybersecurity training program must be provided to state employees.

• The bill will help employees learn the safety of cybersecurity. 

• If a person does not have the training, then there are no consequences. 

• However, if you spend more than 25% of your time on the computer, then it is mandatory.

References

Education Code- Sec. 32.1021(4). statutes.capitol.texas.gov/Docs/ED/htm/ED.32.htm

Texas Government Code Section 2054. 519(b). statutes.capitol.texas.gov/Docs/GV/htm/FV.2054.htm

Source of Law: Case Law

Links: https://cdn.ca9.uscourts.gov/datastore/opinions/2022/07/27/21-55118.pdf

scotusblog.com/case-files/cases/oconnor-ratcliff-v-garnier/

• The court case pertains to a public school official that was running for school board and their social media accounts. 

• While running for a position, they would make personal comments as well as public posts about their running for the board. 

• The court case stated that people running for public offices “must have two accounts or to make sure that personal and private information should not be posted on the public profile” (Garnier v O’Connor-Ratcliff, 41 F. 4th 1158).  

• This law is in place as if person is running for a public office, they are to not block any person from their profile and to have no personal items posted unless there are two accounts.

References:

Garnier v. O’Connor-Ratcliff, 41 F. 4th 1158 (9th Cir. 2022).

Regulation: Promoting a Safe Internet for Children

Source: Federal Statute

Links

https://uscode.house.gov/view.xhtml;jsessionid=7F576D1F323BD62E579BAB23A5E5C31F

• This Act requires "Federal Trade Commission to provide a nationwide program that promotes children's safe use of the internet"(15 U.S.C. § 6552-53).

• It utilizes resources to help encourage best practices while using the internet.

• A report must be submitted by the FTC to Congress concerning that the mandate is being carried out through schools across the country.

• Legal requirements are 1. Students must be provided training on safe uses of the internet and 2. computer services must be monitored by the district.

• If schools do not provide the requirements then the schools can lose funding

Reference:

Protecting Children in the 21st Century Act. 15 U.S.C. § 6552-53.

Source: Regulation

Troy ISD’s policy states “Publishing on an internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern, as defined by law” (Troy ISD, 2023).

• The policy goes against ethical issues by stating students should not be involved in any cyberbullying or posting on social media to harm or threaten any student. 

• This is in place for Troy ISD for all grades to help keep students feeling safe in the school environment.

• If a student does not follow this regulation, then consequences are set for them including lunch detention, suspension, ISS, law enforcement called, or even expelled depending on the severity.

Link to Full Test (Page 40):

https://files.gabbart.com/2077/2023-24_student_code_of_conduct_1_1.pdf

Reference:

Troy ISD (2023). Student Handbook 2023-2024. Troy ISD. https://files.gabbart.com/2077/2023-24_student_code_of_conduct_1_1.pdf

The use of social media and teachers could lead to potential legal or ethical liability due to confidentially.  It is against the law to release information pertaining to a student’s educational record without parental consent. A simple photo in your classroom with a student in the background can go against FERPA.  FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records by making sure students information is not used or posted without parental consent. I would advise to avoid this issue by following the steps below. 

• Make sure any social media release, photo release is signed by parent/guardian. This is important because if a student's picture if posted without consent, FERPA is being violate which could lead to legal actions by the parents/guardians against the schools.

• Have a log of students who are not allowed to have any pictures or media taken of them. Please share this with staff, yearbook advisors, group advisors and anyone in charge of social media posts for school districts. By sharing a 'DO NOT POST' list helps teachers be able to look quickly at a list before a post is created. This is important as it is a quick check but saves the school district and teachers time from legal action.

• Follow all school, local, state, and federal guidelines for social media policies pertaining to educator to educator or educator to student. This is important as it would restrict legal or ethical issues that may arise.

  
  

  Reference:

  Family Educational Rights and Privacy Act. 20 U.S.C. § 1232g; 34 CFR Part 99.

Texas Administrative Code §247.3(I). 

As a teacher and maintaining ethical standards on their job.  Standard 3.9 of the Texas Administrative Code states that “the educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text, email, instant messaging, blogging or other social network communication”  (19 TAC 247 § 3). As an educator, you are held to a higher standard and being such “not engaged in harmful activities”, the teacher shall remain ethical and keep their career(Warnick et. al, 2016).  This code helps keep students safe from inappropriate communication as well as the teachers.  The teachers/staff/professors are the adults in this situation and should refrain from any unethical communication with the minors. 

References:

Texas Administrative Code §247.3(I). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac

=&ti=19&pt=7&ch=247&rl=2

Warmick, B., Bitters, T., Falk, T., & Kim, S. (2016). Social media use and teacher ethics. Educational Policy. 30(5). 771-795.

This context over the semester has taught me different laws, regulations, policies, and statutes that help protect teachers and students throughout the education field. These laws are in place in order to keep equality among the field of education but also holds different divisions accountable for progress. This class has helped me learn there is probably a law or policy for everything in order to keep peace, equality, and order throughout the educational system.

My feelings:

My feelings towards laws is it helps keep sanity among the school systems as well as life. I feel that if there were no laws or rules to abide by then there was be no harmony among different divisions. If no laws were in place, then emotions would be acted upon instead of integrity.

• If you think it's wrong, then it's probably wrong. (Always go with your gut decisions and if you can't be open to communication about what you are doing, then it is probably not right.)

• ALWAYS have a Do Not Post list before any type of recognitions is made or posted socially. (This will help teachers, staff, administrators not violate FERPA laws.)

• Never post any student on your personal social media ESPECIALLY when you do not have any consent. (This can also violate FERPA.)

• Please know local, state, and federal laws pertaining to social media usage as well as technology uses. (What might be the best way to contact and communicate with a student?)

• Please make sure and cite information as well as any work/curriculum that is not yours. (Stress the issue of plagiarizing and copyrighting material to the students. The use of AI and cheating are on social media with students is out of hand. I make students turn in their phones during my class period to avoid any pictures/videos/cheating being sent.)

• Document, Document, Document. Please document any type of conversations and types of communication that are made. If a phone call is made, document it. If an email is sent, document it. This helps keep a log of all communication incase an issue were to come up.

• Report as needed. If a student is in danger or you remotely think they are in danger due to the use of social media/cell phones/technology, please report either to school counselor or administration.