I. PURPOSE
The purpose of this policy is to set forth guidelines for appropriate electronic communications between employees and students.
II. GENERAL STATEMENT
The Moorhead School Board requires that all communications between employees and students be appropriate and in accordance with state law. All electronic or any other communications by employees to students at any time are expected to be professional, acceptable in content to any reasonable person, and limited to information that is school-related or is acceptable to both student and parent.
All electronic communication, including electronic mail, SMS/MMS text message, messaging websites and apps and voice-based telephone calls by an employee in the district to a student enrolled in the district relative to the educational services provided to the student shall use a means provided by, "approved by," or otherwise made available by Moorhead Area Public Schools for this purpose. The School Board shall prohibit the use of all such systems to electronically communicate with a student for a purpose not related to such educational services, except communication with an immediate family member.
Any electronic communication made by an employee to a student enrolled in the district or that is received by an employee from a student enrolled in the district using a means other than one provided by or made available by the school district shall be reported by the employee in a manner deemed appropriate by the district. Records of any such reported communication shall be maintained by the district for a period of at least one (1) year.
III. DEFINITIONS
A. “Electronic Communication” means any direct communication facilitated by voice, video or text-based telecommunication devices, or both, computers, as well as those devices that facilitate indirect communication using an intermediate method, including but not limited to Internet-based social networks. It shall also include transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature in whole or in part by wire, radio, electromagnetic, photoelectric, or photo-optical system and pertains to both personal and district-issued devices.
B. “Electronic Mail” and/or SMS/MMS text message is the transmission of information or communication by use of the Internet, computers, a facsimile (FAX) machine, a pager, a cellular telephone, a video recorder, or any other electronic device or means sent to a person identified by a unique address or address number and received by that person.
C. "Improper or Inappropriate Communications" is any communication between an employee and a student, regardless of who initiates the communication, that may be viewed as derogatory, sexual or lewd in content, threatening or harassing, discriminatory, simple fraternization, or suggestive in nature.
D. “Social Networks” are locations on the Internet where users may interact with other users; examples are Facebook, Instagram, Twitter, YouTube, SnapChat, LinkedIn, Vimeo, and any other social network sites available on the Internet.
E. Computers pertain to any and all electronic devices, including portable, handheld, wearable, or other internet or cellular-capable hardware.
F. District-owned electronic device pertains to any computing device purchased with school district funds and provided for student and/or employee use.
G. Personal electronic device pertains to an electronic computing device not funded with school district funds that is used on school grounds or for educational purposes by the student or employee.
IV. INAPPROPRIATE COMMUNICATIONS
The policy is not intended to limit the use of technology as an effective teaching and communication tool. However, the School Board is aware that the reputations and careers of students and educators have been damaged due to inappropriate communications between parties. Therefore, it is the intent of the School Board to make all employees and students aware of the expectations and procedures of the school district and the School Board in regard to proper use of all telecommunication devices and computers if used to communicate with one another.
In addition to reporting communication to or from students not made through the means provided by the school district, employees must report to their supervisor, at the first opportunity available, any student-initiated communication that may be construed as inappropriate.
Employees shall be required to comply with all policies, procedures, and practices established by the School Board regarding direct communications with a student, and any failure to do so may result in disciplinary action, up to and including termination of employment. Should an employee’s failure to comply also violate state or federal law, the Superintendent or his/her designee shall report such violation to the proper authorities.
A. Violations
1. Any violation of this policy shall be immediately investigated by the employee's supervisor. The investigation shall include dates, the name of the person reporting the allegation, and the specific allegation made.
2. The supervisor shall meet with the employee to document his/her response to the allegation.
3. All information of the investigation shall be provided to the Superintendent and the Executive Director of Human Resources by the employee's supervisor.
Violations of this policy or any implementing regulations or procedures may result in discipline of the employee up to and including termination of employment
V. NOTIFICATION
Employees and students can access school district policy related to electronic communication in the online employee and student handbooks.
Legal References:
Minnesota Administrative Rule 8700.7500 (Code of Ethics for Minnesota Teachers)
15 U.S.C. 6501 et seq. (Children's Online Privacy Protection Act)
17 U.S.C. 101 et seq. (Copyrights)
20 U.S.C. 6751 et seq. (Enhancing Education through Technology Act of 2001)
47 U.S.C. 254 (Children's Internet Protection Act of 2000 (CIPA))
47 C.F.R. 54.520 (FCC Rules Implementing CIPA)
Minn. Stat. 121A.0695 (School Board Policy; Prohibiting Intimidation and Bullying)
Minn. Stat. 125B.15 (Internet Access for Students)
Minn. Stat. 125B.26 (Telecommunications/Internet Access Equity Act)
Cross References:
East Baton Rouge Parish School Board Policy GAMIA (Electronic Communications Between Employees and Students)
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 447: Employee Responsible Use of Social Media
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 503: Student Parental, Family and Marital Status Nondiscrimination
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 534: Mandated Reporting of Child Neglect or Physical or Sexual Abuse
Moorhead School Board Policy 535: Maltreatment of Vulnerable Adults
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 601: Curriculum and Instruction Goals of Moorhead Area Public Schools
Moorhead School Board Policy 620: Selection of Textbooks and Instructional Materials Instruction and Instructional Resource Reevaluation
Moorhead School Board Policy 710: School District Crisis Management
Moorhead School Board Policy 730: School District Copyright
Moorhead School Board Policy 731: Electronic Network and Systems Responsible Use and Safety
Moorhead School Board Policy 906: Public Solicitation in Moorhead Area Public Schools