Christina Thomas, Missouri Teacher, Sues State Over Facebook Law Blocking Contact With Own Child

A Missouri teacher is suing the state over a law that limits teacher-student interactions online, arguing that the legislation prevents her from contacting her own child through mediums like Facebook.

The law aims to prevent teacher sexual misconduct and inappropriate communications with students. But Christina Thomas, a Ladue School District teacher, claims in her complaint that the district has issued a notice teachers stating that they cannot directly contact their own children on Facebook and other social networks "if they meet the statutory definition of student or former student." Thomas' children attend the same school that she teaches at.

The Amy Hestir Student Protection Act, signed into law July 14, has a clause that states:

No teacher shall establish, maintain, or use a work-related internet site unless such site is available to school administrators and the child's legal custodian, physical custodian, or legal guardian.

No teacher shall establish, maintain, or use a nonwork-related internet site which allows exclusive access with a current or former student.

The measure immediately drew mixed reactions among the state's teachers, students and parents.

Republican State Sen. Jane Cunningham, who sponsored the bill, told The Huffington Post early this month that the measure seeks to discourage exclusive communication between teachers and students that lacks parent or school official supervision.

Thomas' 9-page complaint, filed in conjunction with by the American Civil Liberties Union, claims the regulation violates the First and 14th Amendments.

Most recently, the Missouri State Teachers Association filed suit Friday against the state to block the social networking restrictions part of the law. Those arguing the measure say the law hinders their ability to communicate with students for academic purposes.

Read the full document below.

Missouri Teacher Sues State Over Facebook Law

Comments

[Dk Schae]

11:40 AM on 08/25/2011

Create another facebook account with your first/middle initials and last name that doesn't have your job status, and use it for family only. Use it at home, not at work. Why sue when there are other ways around things? Suing for every little thing is a waste of money.

[Oneoldguy]

10:15 AM on 08/26/2011

Just talked to my sister who teaches in Missouri. The law also prohibits texting and phone calls to students. According to what she has been told, if she calls or text her son, she is in violation of the law. Not a little thing if you want to be a responsible parent and keep up with what your teenager is doing.

[foresure]

10:26 PM on 08/24/2011

Ms. Thomas is clearly not paying for this lawsuit, the ACLU.

Where is the money to defend this suit going to come from? Of course the the education budget, meaning the students.

[Donald Locke]

03:21 AM on 08/24/2011

I currently live in Vietnam where it is customary for the students to go to the teachers house for tutoring in the afternoon and on weekends. The problem is not with student/teacher interaction it is with proper background checks. Should have a national teacher database that would prevent teachers from moving from state to state after they have been caught doing something inappropriate.

[foresure]

10:27 PM on 08/24/2011

Donald

Yes and the Hmong people of Viet Nam have or had a tradition similar to this.

[foresure]

09:33 PM on 08/23/2011

Now I thought all teachers were poverty stricken, and had to work two and three jobs just to feed their starving children, and had no time to litigate silly issues.

Apparently the ACLU had nothing better to do. I am sure there are no environmental violations in St Louis that could be brought to the attention of the EPA. No doubt the donors to the ACLU had expected their contributions to be spent allowing teachers to be on a social network with their students.

1. Has she ever hear of "smart phones".

2. Did her lawyer tell her that under the Federal Rules of Civil Procedure if her suit is thrown out for being FRIVOLOUS, she will be required to pay the School Board's atttorney's fees and expenses. If each of the other defendants incurs attorney's fees, she will have to pay those as well, plus costs.

3. I also notice that her free lawyer wnats to make this a "class action suit".

4. Does her young lawyer have any idea of how much work and expense he is creating for the ACLU if he really means to convert the suit into a Federal Class Action?

Or how many "personal" and sick leave hours his client will have to take to be available for the litigation.

5. Has her lawyer told her, that if through some quirk she achieved "class action status", and it is set for trial, her child may well have graduated college before the case is completed?

[marigolds]

05:10 PM on 08/23/2011

Interesting side note... the person who the law was named after was raped by her middle school coach 30 years ago. See if you can figure out what seems inconsistent here.

[aquah04]

01:36 PM on 08/23/2011

is this the NEW THING?
id say its pretty sad if the only way she can contact her kid is through facebook.

like come on seriously?
its not tht big of a deal

[Tater Salad]

02:33 PM on 08/23/2011

I said the same thing. Looks like this mother has never heard of texting or email. Sad when you blame technology and the law for inept parenting.

[marigolds]

05:00 PM on 08/23/2011

Texting students is barred by the law as well in another section. Some email is allowed, but not gmail, yahoo mail, etc, as those utilize internet sites.

[foresure]

10:29 PM on 08/24/2011

aquah04

It is a big deal. It tells us a lot about how teacher's prioritize their committment to educating children.

[PrettyBaBy]

12:35 PM on 08/23/2011

I should clarify: I completely agree with the 'no contact rule' with current students on social networking sites, but past students? That's ridiculous! I went to many of my past student's graduation ceremonies. That's the big payoff for teachers; seeing them grow into adults and succeed.

[PrettyBaBy]

12:27 PM on 08/23/2011

Ever hear of a cellphone? As a former teacher, I completely agree with Facebook's terms.

[Jackie2000]

05:41 PM on 08/24/2011

like facebook actually upholds their "terms"...

[CarmenIbanez]

12:19 PM on 08/23/2011

I can't say enough about www.edmodo.com. It is basically facebook, but it is a closed system for educators and students. It also meets the standards for the Missouri law. I use it with my students and does all the great things Facebook does, minus the drama and the games.

[foresure]

10:32 PM on 08/24/2011

Carmenlbanex:

Thank you for the reference. There are also a great number of other options available. Ms. Thomas is looking for a dispute.

[I try to be reasonable]

12:02 PM on 08/23/2011

From a middle school music teacher:

I know teachers who have used Facebook for productive purposes. Another ms middle school teacher friend of mine was able to create an FB page for his group - it had future concert dates and times, reminders of dress code for concerts etc. He also had a strict conduct policy - any rude or inappropriate comments by students would ban them from accessing the group.

The district where I teach is extremely reactive and afraid of potential lawsuits, so we have little-to-know internet usage. Some districts allow for teachers to have their own webpages within the district's/school's website - we are not. This is infuriating for me, as I could make lots of good use of such a thing, such as posting concert info, making recordings of parts available, even creating homework assignments (yeah, that's right, i said hw for music class... lol).

At the same time, I would NEVER be friends on FB with current students. That just seems like a can of worms waiting to be opened, potential liabilities and lawsuits waiting to happen. They do not need to see pictures of my private life, see what my friends say to me, etc.

Is a state lawsuit like this necessary? No. It is too restrictive and the people involved probably have little-to-no understanding of technology and it's benefits/drawbacks. Leave it to the districts to settle their own internet conduct policies.

[I try to be reasonable]

12:53 PM on 08/23/2011

Final paragraph should read, "Is a state law like this necessary," not "lawsuit." My apologies.

[Jackie2000]

05:48 PM on 08/24/2011

well...there is a problem right there. if a child is in middle school -- they shouldn't even legally have a fb account -- otherwise, they are violating fb's age requirement.

if your middle school "friends" are fb'ing underage children -- they are demonstrating ZERO regard for the law and fb's rules and regs

What they should be doing -- as RESPONSIBLE teachers -- is reporting those accounts to fb so they can be removed.
(not that fb removes them -- you have be be REALLY diligent -- they like the underage crowd because they are too young, vulnerable and naive and give up everything including home/cell #'s, dob's, and what time they go to bed at night -- fb wants their money -- for life!! but that's a whole 'nother post)

if someone needs to post concert info and schedules -- the SCHOOL'S HAVE A WEBSITE FOR THAT -- so please -- spare us the "i need to fb w/my underage students to post concert info"
How in the world did generations of concert students ever manage??????

It does seem your district should provide you with a page on THEIR website -- just to post info. I'm with you on that.

[I try to be reasonable]

09:12 AM on 08/25/2011

You should know that your first claim is inaccurate. The ages that FB restricts users to are 13+. Most children are turning 13 in 7th grade, so a good deal of 7th graders and virtually all of the 8th grade CAN have FB legally.

Regarding the final points, you answered yourself: yes, I should have a school website for that. And I don't. And it's really irritating. My school is way behind on the technology curve and is also wary and skeptical of change.
And your condescending tone of "how did generations of students manage without the internet..." misses the point of technology making things easier. That's all. Easier. That's what we try to do with technology in the classroom - try to make things faster and easier. We send home information in the beginning of the year with concert dates - kids lose it, forget to give it to parents, parents lose it, etc. We send reminders in the mail.*** We write it on the blackboard. The internet would just be another way. Some of us in the field are actually trying to find new avenues for having the most success possible in a given situation. The Internet is just another way.

[I try to be reasonable]

09:12 AM on 08/25/2011

***By the way - tremendous waste of paper, printer toner, and postage. With schools struggling financially, lots of money could be saved by cutting these costs. My own district has already warned us to watch how much we print and try to curb our copying worksheets, etc. Paper is NOT cheap. 9 Ensembles, each with at least 4 concerts a year - that's a lot of pages to be sent out.

[houston we have aproblem]

11:47 AM on 08/23/2011

there is always one....

nowadays its facebook, but back in my day...teachers werent socializing with their students outside of school unless it was with the parents or some type of organized function.

its a professional relationship, what happens when the student grows, moves on and then decides to keep in touch, well...that is a different story.

[LeadSyringe]

11:43 AM on 08/23/2011

As a teacher, I have a personal philosophy to never friend students who are currently in my classes. After they graduate, however, I let them friend me if they choose, and it's nice to keep track of where they go after high school. I think it's a tad ridiculous to prohibit former students from being online friends with a favorite teacher.

[CarmenIbanez]

12:20 PM on 08/23/2011

Especially once they are adults and there is no longer any educational relationship.

[AmigaMan]

05:57 PM on 08/24/2011

I guess common sense does not rule in America.

[foresure]

10:35 PM on 08/24/2011

AmigaMan

I certainly expect it from the Education Industry.

[foresure]

10:36 PM on 08/24/2011

AmigaMan

That was meant satirically.

[Tater Salad]

11:17 AM on 08/23/2011

This must be one of the only kids without a cell phone. Otherwise, the mother could just text her child.

[CarmenIbanez]

12:22 PM on 08/23/2011

As the law is written and being interpreted, it prohibits her from EVER being facebook friends with her own child. It is a poorly written law and needs to be revised.

[Tater Salad]

12:28 PM on 08/23/2011

I understand that. However, is that her only means of contact when away from her child?

[ThreeCrows]

11:06 AM on 08/23/2011

A restriction of free speech, hmmm, now why would anyone want to do that?

[bird2129]

10:55 AM on 08/23/2011

I understand not wanting contact with current students, but former students seems a little harsh to me. As a college grad coming this December 2011, I am friends with a few of my former high school teachers on facebook. They were great teachers and I love to keep in contact with them, one even helping me out with the education career I'm about to begin myself. It would be silly for them not to be allowed to talk to me.