You’ve probably seen the viral video of the person walking in the mall, staring head down at a cell phone, failing to notice a water fountain, tripping into it, and then landing in a sea of coin-based wishes.
So much of our daily lives is centered around our phones. Social media apps provide us with instant access to news and information and are cost effective, widely accessible and popular. Accessibility and popularity make social media a powerful tool that offers school board members an opportunity to engage with their communities, share important information and gather feedback.
However, use of social media by school board members carries significant legal and ethical risks. So, is it possible to use social media while maintaining professionalism, protecting the integrity of the board and complying with legal and ethical obligations?
The Bad and the Ugly Board members retain First Amendment rights to free speech as individual citizens. However, not all speech is protected, and even speech that is protected can still land a board member in hot water.
Using social media opens the door for possible violations of the Open Public Meetings Act, as engaging in discussions about board matters on social media may inadvertently create a de facto board meeting. Inadvertently sharing confidential or sensitive information about students, staff, or board matters could violate privacy laws and the School Ethics Act.
Additionally, failing to maintain clarity between personal and official social media use blurs lines and can lead to ethical and/or legal concerns. Opinions or inappropriate content shared on personal accounts may be misconstrued as representing the views of the board. Engaging in discussions or endorsing political candidates on social media can create conflicts of interest. Board members must be vigilant about maintaining impartiality and avoiding the appearance of impropriety.
Finally, social media platforms can elicit negative comments – even on the most positive of posts. Disagreements or conflicts between board members on social media may undermine the board’s cohesion and effectiveness, and the community’s faith (or confidence) in the board.
Finding the Sweet Spot Through Sound Policy In light of the above concerns, many board members may wish to abstain from social media use. However, because proper use of social media can support the board and the district, a sound policy can assist boards in avoiding missteps.
The first step is to develop, adopt and implement a clear social media policy that outlines acceptable use of, and guidelines for, board member use of social media.
As with any sound policy, we begin by defining the purpose and scope. The purpose will create a tone for the policy and the scope should limit the application of the policy to, in this case, board members.
An example of a purpose and scope statement is:
Social media is an essential platform for communication, engagement and information sharing. Members of the XYZ school board may desire to use this platform to connect with the community, share important updates and promote transparency in our educational system. Accordingly, this policy establishes guidelines that ensure the responsible, respectful, ethical and effective use of social media by school board members.
Next, we recommend considering annual notification and training requirements to ensure the policy is properly published and members are fully informed. As social media is constantly evolving with new platforms and features, members benefit from practical and technical training to stay informed of the changes and how different platforms are used by various segments of the community.
An example of a notification and training requirement compliance provision may include:
To ensure the continued responsible use of social media by XYZ board members, each member shall annually confirm in writing receipt and review of this policy. Further, to ensure that members have a clear understanding of roles and responsibilities as they represent the board, each member shall participate in [annual] training sessions that provide updates on best practices, legal consideration, and the latest trends in digital communication.
Importantly, the policy may also include a section on expectations for conduct/prohibited conduct by board members on social media platforms. Some bullet points for your discussions on this policy include:
- Require compliance with all applicable laws, including but not limited to the School Ethics Act and Open Public Meetings Act, as well as district policies and regulations. The policy should also require compliance with all applicable administrative decisions and advisory opinions.
- Include a requirement that all social media posts contain a disclaimer indicating the content is not authorized by, nor on behalf of, the board.
- Specifically prohibit use that implies a belief of the board as a whole.
- Clarify the distinction between personal and official use. Require members keep personal and official accounts separate to avoid confusion. The policy should also note that certain Open Public Records Act requests or other legal processes may require the board member to grant additional access to records or posts.
- Establish guidelines for the creation, management and use of official school board social media accounts.
- Ensure posts include only statements that are objectively accurate and truthful.
- Prohibit the disclosure of confidential information, including student records, personnel issues, collective negotiations discussions or strategies and other sensitive information.
- Prohibit negative engagement with the community. Emphasize the importance of maintaining professionalism and decorum, including prohibiting use of offensive language, personal attacks or unprofessional behavior.
The remaining section of the policy may focus on monitoring and enforcement. It should indicate how compliance with the policy will be monitored and any consequences for violations. Consideration and discussion should be given to how boards want to handle potential violations of the policy, if there will be prescribed responses, etc. The policy should also be mindful of and not infringe on the School Ethics Commission’s authority in this area.
Finally, given the changing nature of social media, the last section of the policy should include a provision for regular review and updating to ensure the policy remains relevant and effective in the face of changing digital landscapes.
Commonly Asked Questions The New Jersey School Boards Association’s policy department receives questions surrounding the use of social media and how existing policies may guide or impact such use. Here is a sample of some frequently asked questions with responses that include references to NJSBA’s Critical Policy Reference Manual. The CPRM can be accessed at www.njsba.org by navigating to “Our Services,” then clicking on “Policy” and then clicking on the link “Critical Policy reference Manual (CPRM)” to log in to access the CPRM.
1. When I ran for the school board, social media was an important part of my campaign. Can I still use my personal account to speak out on issues?
Doing so is not without risk and could lead to confusion from members of the public as to in what capacity you may be speaking. If you choose to do so, you should not speak on behalf of the board’s position. Members may express personal opinions and positions but should identify that their views do not belong to the board. See SEC Advisory Opinion A03-07 and A02-06; see also CPRM policy 9020 Public Statements.
2. What can/should I do as an individual board member if I see postings about our school district that are inaccurate?
Bring it to the attention of the board president and the chief school administrator. See N.J.S.A. 18A:12-24.1(j); see also CPRM policies 1100 Communication with the Public; 1110 Media; 1312 Community Complaints and Inquiries; 9020 Public Statements; and 1220 Ad Hoc Committee.
3. My child is in the high school drama club. Can I promote the play on my social media page(s)?
Yes, as long as you make it clear you are posting as a parent and not on behalf of the board. Board members may also post about upcoming activities and events of general interest to the community and related to student performance or achievement. See CPRM Policy 9020 Public Statements.
4. What should I do if I am being attacked on social media for a position that I took at a board meeting?
You are entitled to vote your conscience, no matter how unpopular your opinion may be. Consult with your administration, board president and – if policy allows – board counsel on crafting a response. Consider a general statement that you evaluated the facts as presented by committee, reports, data and/or other staff and experts and made your decision based on your interpretation of the available information. Of course, any response should be well-crafted, supported by objective facts and should avoid retaliatory or inflammatory comments. See CPRM Policies 9010 Role of the Member; 9322 Public Participation; and 1312 Community Complaints and Inquiries.
Social media presents an opportunity for school board members to connect, share information and foster community engagement and transparency. By following these policy-based best practices, board members can navigate social media while maintaining professionalism, protecting privacy and building trust.
Kimberly A. Gatti is NJSBA’s director of policy;
Gina Cuciti is NJSBA’s policy manager.
