Rep. Sherrie Conley, RNewcastle, said she’s been asked by school employees throughout the state for guidance on communicating with students who are relatives that attend schools in the districts where they work.
The requests are coming after House Bill 3958, which Conley authored, took effect July 1. The legislation requires school personnel engaging in electronic or digital communication with an individual student to include the student’s parents or guardians.
She said she’s been contacted by grandmothers who are texting personal messages to their grandchildren. She’s heard from aunts and other family members of students as well. Those who work as teachers or in another role in the school say they are being told by district administrators that to communicate electronically with their relatives they must use a schoolapproved platform to comply with the provisions of the law. The family members are being told they will face a write up if they don’t comply.
“This bill was intended to cut down on predatory communications between educators and students,” Conley said. “It was never meant to monitor personal communications between family members. I’ve talked to district attorneys and other legal professionals who said the schools enforcing these policies are being overly broad, and that such communication should be beyond the scope of the law.”
Conley said she understands because there are no safe harbor provisions in the act, districts are doing their best to comply with the letter of the law, but she feels they’re missing the intent. The State Department of Education is required under the new act to develop and provide training for school personnel on the communication requirements of the act. Conley said she’s asked the department to help districts understand the legislative intent and to offer guidance between what constitutes personal communications between family members and those between unrelated school personnel and students.
Conley said she’ll also explore whether clarification in the law is needed through an interim study she’ll hold this fall. The study was requested to examine additional ways to keep students safe at school. The study is tentatively set for 1 to 2:30 p.m. Oct 1.
