New 'Facebook Law' warns teachers off network

Under a law passed by the Missouri General Assembly and just signed by Gov. Jay Nixon, it will be illegal for teachers to interact with students as "friends" on Facebook and other social networking Web sites.

The Missouri State Teachers Association and other teachers' unions are highly critical of the measure that becomes effective Aug. 28, and Vernon County school administrators call it somewhat beside the point because they already have guidelines discouraging the practice.

Sponsored by State Sen. Jane Cunningham, R-St. Louis, Senate Bill 54 is known as the Amy Hestir Student Protection Act, of which one section restricts Facebook use.

MSTA spokeswoman Aurora Meyer said Tuesday from Columbia that Facebook, the new Blackboard network and texting have become students' preferred methods of communication. "The law is vague," Meyer said, explaining that exactly what it prohibits is unclear.

"We feel they're lumping a lot of things together and throwing the baby out with the bathwater. There's a lot of gray areas with social networking like teachers using Facebook chat to help students cope with homework questions.

"I know a teacher who was having a Facebook conversation and realized the student was not being herself. Something was wrong. The teacher got in touch with a counselor and got into the middle of a situation she wouldn't have known about if she hadn't been having that conversation.

"We ask teachers to be mentors and counselors and this will inhibit their ability to do that."

Meyer said public school educators will also be kept from helpful liaisons with young people as they work second jobs or do volunteer work. "A debate coach can text everybody where to meet and if a student is running late or has been in a wreck, he can text the coach," she said.

Named after Amy Hestir, who told the House Education Committee in 2008 that she was molested by a teacher in 1984-85 in north central Missouri, the law makes school districts report any allegation of sexual abuse to authorities within 24 hours. Districts can also be held liable for failing to disclose suspected or known abuse by past employees to other districts.

A section of the law known as the Facebook Law prohibits teachers from having "a non-work-related Web site that allows exclusive access with a current or former student."

It says teachers and other district employees cannot establish or use such a site unless it is also available to administrators, parents and guardians. By Jan. 1, every district must have a written policy governing communications with students, defining appropriate verbal and non-verbal communications and the correct use of networking sites.

Nevada Superintendent David Stephens said Tuesday that the R-5 District has already addressed the issue. "Our administrative protocol talks about using good judgment in any communication with students," Stephens said.

"We discourage teachers from friending students or allowing students to friend them on Facebook. Our stance is that it is not an appropriate means of communication. Our teachers maintain webpages where students can get information, and they try to maintain that teacher-student relationship in a professional, objective manner."

However, Stephens said forbidding teachers any Facebook contact with young people could hamper their volunteer work at churches or with the Boy Scouts, for example. "There are always circumstances that are unique, but as a staff we make it clear that we discourage that type of interaction whether it's on Facebook or any other social networking site," he said.

Northeast Vernon County Superintendent Charles Naas said in an e-mail that his R-1 District has a similar policy. "We discourage teachers from friending students on their personal Facebook sites," Naas said.

"I certainly understand the intent of the law, but in my opinion it will be difficult to police and enforce, especially considering the fact that pseudo-Facebook accounts could be created and operated under false pretenses. I would hate to hold someone accountable for someone else's better knowledge of technology.

"I'm not sure the law will help, but we shall see," said Naas. "Some organizations utilize Facebook to disseminate information to their entire group in one 'blast,' or posting, in lieu of multiple calls or bulk mailings.

"With the swift tides of technology, the next wave will make the law obsolete in a hurry."