Panorama
ladue horton watkins high schoolw1201 s. warson roadwst. louis, mo 63124wvolume 60 issue 1wseptember 9, 2011
@MOeducation, controversial section in ‘Facebook Bill’ spurs legal action, injunction #decisionpending EMILY BELL —editor in chief
SUBJECT: BILL 54
I “We want to question the intent and whether it was properly written. “I think the original intent was for student safety, but I think that got lost along the way.” -Superintendent Marsha Chappelow
art by AUDREY KOCHER
EMILY BIEST —news editor
n its lawsuit against Senate Bill 54, the Missouri State Teachers Association was granted an injunction, August 25. 162.069 bans private contact between teachers and students online and requires districts to draft social media policies. Two lawsuits were filed, one by the MSTA and one by the ACLU. The Missouri General Assembly placed the section on the special session agenda for the September 6-9. Gov. Jay Nixon said that he will ask that sections 1-4 be repealed. Alternatively, the Assembly can rewrite portions. “On the whole, the bill does a lot to protect students, does a lot to protect teachers,” MSTA Online Community Coordinator Aurora Meyer said. “The language and policy of the social media portion are where we have some concerns.” 162.069 would have gone into effect August 28, and district policies in place by January 1, 2012. Now, the rest of the bill will go into effect while the injunction halts the section. “I’m personally aggravated that we need to write these laws, they seem to be a substitution for good judgement on the part of the teacher,” English teacher Kim Gutchewsky said. Bill sponsor Jane Cunningham(R) said the bill originated to stop sexual misconduct in schools. Based on Associated Press statistics from 20012005, it also addresses ‘passing the trash’, or having transparency in district hiring practices. “We were the 11th worst state in the nation,” Cunningham said. “87 educators lost their licenses during that time period for sexual [mis]conduct. It’s not isolated, it’s extremely prevalent, and it’s growing up to the minute.” Not everyone agrees with Cunningham’s opinion of the misconduct problem, particularly its online aspects. “Many aspects of this bill are directed at actual
problems,” Rothert said. “The communication aspect in the bill only addresses imaginary problems.” The section’s controversy overshadowed other bill portions. Most of the controversy stemmed from two complaints: vagueness and infringements on First Amendment rights. “The bill of course is much too restrictive,” social studies teacher Robert Snidman said. “I question whether or not the bill will stop the criminal activity it is trying to prevent.” District specific policies raised concerns because of the potentially wide range of policies. “We want to question the intent and whether it was properly written,” Ladue superintendent Marsha Chappelow said. “I think the original intent was for student safety, but I think that got lost along the way.” The MSTA lawsuit was filed August 26, after teachers lodged complaints. “If the bill had just said that school districts need to set their own policies, no problem with it,” Meyer said. “When we get concerned is when they start going into specifics of what is what isn’t allowed. ” Ladue Middle School teacher Christina Thomas filed the ACLU lawsuit August 26, after being contacted. Thomas was concerned about Ladue’s wishes. “I knew Ladue wouldn’t be upset that I did this, since it’s not just about the school district, it’s about the law and the interpretation of it,” Thomas said. In order to comply with the state requirements, Ladue sent a staff memorandum August 9, explaining the law and laying out expectations for behavior. One of these expectations states that “teachers may not ‘friend’ even their own children on a Facebook or other social networking site, if their children are students or former students, as defined by law.” “The thing is it was prohibiting what I could do as a parent, and I’m not okay with (story cont. on back)