Social Media: Legal Pitfalls and Best Practices - TASA Midwinter 2016
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Social media is here to stay but knowing how it can impact your district is critical as a leader. Join me for a candid conversation surrounding the top legal pitfalls of social media for school districts as well as best practices for implementing social media in your school district. Explore the evolution of legal decisions impacting first amendment application in schools and practical recommendations for building your social media policy.
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Social Media: Legal Pitfalls and Best Practices - TASA Midwinter 2016
- 1. Presented by Diana Benner #TASA16
- 2. This Presentation http://dbenner.org #TASA16 Click on the Presentations tab
- 3. Director of Professional Development Texas Computer Education Association diana.benner@gmail.com @diben DIANA BENNER http://dbenner.org About Me #TASA16
- 4. What are some social media trends in education today? What are some strategies to best implement social media in your district? What are some legal pitfalls related to social media? Today... #TASA16
- 5. #TASA16
- 6. What do you think of when you hear the word . . . Social Media? #TASA16
- 7. Social media refers to online tools and services which allow an exchange of ideas, information, videos, pictures, and graphics — just about anything you can name. #TASA16
- 8. Social Media is Everywhere... 8#TASA16
- 9. …and It’s Impact is Powerful (and scary) • 88% of teens have seen someone be mean to another person on a social networking site • 41% of teens have had a negative experience as a result of using a social networking site • 39% of teens and tweens think their online activity is private from everyone, including parents • 67% of teenagers say they know how to hide what they’re doing online from their parents • Among 9-17 year olds, more time is spent on social networks than on TV • For young users, Instagram is one of the most important social networks 9Source: http://www.guardchild.com/social-media-statistics-2/ #TASA16
- 10. • Bookmarking Sites and Social News Sites (Delicious, Digg) • Blogs and Microblogs (Twitter, Tumblr) • Social Networking Sites (Google+, Facebook) • Shopping Sites (Amazon) • Multimedia Sharing (YouTube, Flickr, Instragram) • Virtual Worlds (Second Life) Types of Social Media #TASA16
- 11. Organizations Individuals Who’s on Social Media? #TASA16
- 12. What are you seeing Discussion Share on Today’s Meet http://todaysmeet.com/tasa16 #TASA16
- 13. #TASA16
- 14. If no problems have arisen in your district, consider yourself lucky. There’s a growing trend of social media problems, lawsuits, and media frenzy. District Considerations
- 15. • Compliance with Privacy Laws • Compliance with CIPA • Accessing Student and Staff Personal Accounts • Social Media Monitoring of Students and Staff 15 Pitfalls at a Glance Source: https://goo.gl/1RgbD6 #TASA16
- 16. #TASA16
- 17. Federal Law • Family Educational Rights and Privacy Act (FERPA) – Governs use and dissemination of student education records and personally identifiable information • Protection of Pupil Rights Amendment (PPRA) – Provides parents certain rights regarding conduct of surveys and collection and use of student information for marketing purposes – Requires notice and opt out • Children’s Online Privacy Protection Act (COPPA) – Governs online collection of personal information from children under 13 – Requires parental consent and opt out 17#TASA16
- 18. #TASA16
- 19. Children’s Internet Protection Act • Districts must certify compliance with CIPA when applying for E-Rate funding • Requires development and enforcement of an Internet Safety Policy • CIPA - https://goo.gl/6lSQbV 19#TASA16
- 20. CIPA Requirements Internet Safety Policy must provide for (among other things): • Monitoring the online activities of minors • Implementing technology protection measures that protect against access by adults and minors to visual depictions that are obscene, child pornography or, with respect to use of computers with Internet access by minors, harmful to minors (i.e., block or filter access) • Educating minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, cyberbullying awareness, and response 20#TASA16
- 21. CIPA Best Practices • Encourage use of separate District/professional accounts • Appoint administrator to join groups (e.g., Like, Follow), or otherwise monitor • Train employees on proper use – Cyberbullying – Appropriate content • Inform parents about social media use and accounts 21#TASA16
- 22. http://goo.gl/6jCH9p Cyber Safety & Security Website #TASA16
- 24. https://goo.gl/EkKqnO Del Valle ISD 3-Step Process #TASA16
- 25. http://goo.gl/IFH8fR Eanes ISD Digital Parenting 101 #TASA16
- 26. #TASA16
- 27. Reasonable Suspicion In general, when a school has a reasonable suspicion that a student has broken the law or school rules, it has the right to search a student’s personal belongings on school grounds. Unfortunately, there is no clear definition of what constitutes “reasonable suspicion,” so school officials should tread carefully before searching a student’s personal digital devices and social media accounts. 27#TASA16
- 28. Don’t Violate Constitutional Rights Avoid requesting access to, or otherwise attempting to control, students’ or employees’ personal accounts. Do not search students’ cell phones without reasonable suspicion. 28#TASA16
- 29. It Could Be Costly • In 2010, a Pennsylvania school district paid $33,000 to settle a case in which a high school student’s cell phone was confiscated and unconstitutionally searched. • A Minnesota school district paid $70,000 in 2014 to settle a federal lawsuit in which the school district threatened a sixth grade student until she gave her school access to her personal e-mail and social media accounts. 29#TASA16
- 30. Laws that Regulate • These incidents and others have inspired more than 20 states (http://goo.gl/4mWHaP) to enact laws that regulate when an employer or school may request access to the personal digital accounts of students or staff. • Texas doesn’t have one yet 30#TASA16
- 31. #TASA16
- 32. Student Social Monitoring Stirs Up Debate http://goo.gl/cYmbqm #TASA16
- 33. Legal Responsibility Engaging social media monitoring companies may signal to the judicial system that a school district is willing to be held legally responsible for the personal digital content posted by their students and staff. School districts must realize that with access and knowledge comes legal and financial responsibility. 33#TASA16
- 34. #TASA16
- 36. What does this video suggest? Discussion Share on Today’s Meet http://todaysmeet.com/tasa16 #TASA16
- 37. #TASA16
- 38. Why Use Social Media? It’s a part of their daily lives. #TASA16
- 39. Why Use Social Media? It reaches a different audience than the school flyer crowd. #TASA16
- 40. Why Use Social Media? It’s instant. #TASA16
- 41. Why Use Social Media? Parents are using it. #TASA16
- 42. Why Use Social Media? To teach about digital citizenship #TASA16
- 43. Why Use Social Media? To Reach a Global Community #TASA16
- 44. Discussion How do we approach educating staff and students when . . . ONE wrong social media post can ruin their lives for good? Share on Today’s Meet http://todaysmeet.com/tasa16 #TASA16
- 45. #TASA16
- 46. Edutopia has a nice 7-step outline on how to develop social media guide guidelines appropriate for K-12. Source: http://goo.gl/4Yn236 Social Media Guidelines http://goo.gl/4Yn236 #TASA16
- 47. Source: http://goo.gl/VeINN0 TASB on School District Employees & Electronic Media https://goo.gl/VelNN0 #TASA16 TASB offers guidance about policies and other regulation of employees' use of social media tools.
- 48. District Technology Resources https://goo.gl/otz1Sj Hiring In The Age Of Social Media https://goo.gl/D9CZTC TASB Resources #TASA16
- 49. http://goo.gl/iLWLU4 A Teacher’s Guide #TASA16Source: http://goo.gl/iLWLU4
- 50. Teens need to be made more aware of privacy and security issues. 50#TASA16
- 51. Allows you to quickly access privacy settings on popular social media sites. View your Facebook and Google+ as stranger. http://adjustyourprivacy.com/ Adjust Your Privacy #TASA16
- 52. Training employees on these rules, and training administration on how to implement them, is also a crucial step. 52#TASA16
- 53. 1. Separate work from personal by having completely separate account. 2. Post/behave as though NOTHING is private. 3. Review each site’s privacy settings regularly. 4. Develop a social media policy. 5. Reference expectations in a Handbook. Social Media Best Practices #TASA16
- 54. Social Media Policy Database provides access to policies from a wide variety of organizations. Social Media Policy Database http://goo.gl/zUxw7i #TASA16
- 55. What does your district’s Social Media look like? Discussion Share on Today’s Meet http://todaysmeet.com/tasa16 #TASA16
- 56. #TASA16
- 57. Read the full story at http://goo.gl/ZkKaXa Missouri family learns their Christmas card photo was lifted from the web and used by a Czech Republic grocery store delivery service as an ad on a van. They only discovered it because some of their friends happen to be visiting Prague at the time and saw the van. Where might your photos end up? …and for what purpose? American family's web photo ends up as Czech advertisement It’s a Digital World #TASA16
- 58. Interesting article by District Administrator magazine highlighting the difficulty in dealing with social media. http://goo.gl/NL81rx Social Media Guidelines for School Administrators #TASA16
- 59. Non-profit site based in California with a mission to inform individuals as to how to protect their privacy. Fact Sheet 35 focuses on Social Networking Privacy. http://goo.gl/VN1uyH Social Media Fact Sheet #TASA16
- 60. Why Are Teachers Getting Into Trouble? http://goo.gl/nRzXYC #TASA16
- 61. #smedu social media in education #smmanners social media manners #smchat chat exploring social media #smm social media marketing #DLDay digital learning day #digcit digital citizenship Twitter Resources #TASA16
- 62. Source: My good friend Paul Wood, Director of Technology, Bishop Dunne #TASA16
- 64. This Presentation http://dbenner.org This work is licensed by Diana Benner under a Creative Commons Attribution-NonCommercial 4.0 International License. Leave me a Comment about this presentation https://goo.gl/wicvxu Resources used for the presentation are located at http://dbenner.org Thank You!