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August 4, 2011

Missouri Law Restricts Teacher-Student Social Media Contact

Christian Science Monitor examines the recently enacted Amy Hestir Student Protection Act, the Missouri law forbidding “exclusive” conversations between teachers and students via social media.  The Act states:

No teacher shall establish, maintain, or use a nonwork-related  internet site which allows exclusive access with a current or former  student. Nothing in this subsection shall be construed as prohibiting a teacher from establishing a nonwork related internet site, provided the site is used in accordance with this section.

The law defines "exclusive access" as follows: “the information on the website is available only to the owner (teacher) and user (student) by mutual explicit consent and where third parties have no access to the information on the website absent an explicit consent agreement with the owner  (teacher). “Former student" is defined as “ any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated.

The law has been justified by proponents as a necessary effort to prevent sexual harassment or abuse of students. Legislative sponsor state Sen. Jane Cunningham defends the measure saying: “This law in no way stops communication with students In fact, we encourage social-media contact with students. We just require it to be appropriate, meaning it is not hidden from parents or from school personnel.” However, the ACLU of Eastern Missouri has expressed concern that teachers fearing punishment will end all social media activity, asserting that the law “silences a lot more speech than would be necessary to attack the problem” of inappropriate or harassing on-line teacher speech. 

JFB

August 4, 2011 | Permalink

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