Missouri teachers sue to stop ban of private messages to students

By Timothy B. Lee
 
The Missouri State Teachers Association has sued to block provisions of a new state law that would require schools to ban private electronic communications between teachers and students. The group says that these provisions violate teachers' First Amendment rights. The legislation was signed by Governor Jay Nixon in July.

The bill is designed to protect school children from sexual misconduct and other harms. It mandates reporting of sexual abuse, prohibits sex offenders from serving on school boards, and regulates weapons in schools. According to the Associated Press, the legislation was drafted after a study found 87 cases of teachers losing their license as a result of sexual misconduct allegations between 2001 and 2005.

But the provision that has attracted national attention—and a legal challenge from the MSTA—because it instructs school districts to adopt new policies concerning student-teacher communications. Starting in January, teachers may not "establish, maintain, or use a nonwork-related Internet site" that allows the posting of information that's available only to the teacher and a particular student.

What this means isn't clear, but a literal reading would seem to prohibit teachers from using sites such as Facebook—which includes the capability for private messages—at all. The bill's sponsor, state Sen. Jane Cunningham, told the Kansas City Star that she didn't mean the law to be so broad. "We're not prohibiting anything except hidden communication between an educator and a minor," she said.

The legislation would also allow teachers to use "work-related Internet sites" if the information on them is available to school administrators and to parents. The ban on private communication applies to former students until they graduate or reach the age of 18.

The MSTA's lawsuit notes several problems with the law. For example, there's no exception for teachers whose own children are in the same district. Taken literally, the law seems to ban such parents from sending private messages to their own children. Similarly, teachers who are also youth leaders in church could not use sites such as Facebook to communicate with students about church-related activities.

Finally, the MSTA says the law is "so vague and overbroad that the Plaintiffs cannot know with confidence what conduct is permitted."

The MSTA wasn't the only organization worried about the law's constitutional implications. The ACLU of Eastern Missouri had also expressed concerns about the bill and has been considering a legal challenge.