On July 14, Missouri Senate Bill 54 was signed by the governor, Jay Nixon. This bill establishes both the Amy Hestir Student Protection Act and the Task Force on the Prevention of Sexual Abuse of Children and was intended to go into effect on August 28.
In section 162.069, the bill states, “By Jan.1, 2012, every school district must develop a written policy concerning… employee-student communications. Each policy must include appropriate oral and nonverbal personal communication… and appropriate use of electronic media… including social networking sites. Teachers cannot establish, maintain, or use a work-related website unless it is available to school administrators and the child’s legal custodian, physical custodian, or legal guardian. Teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student. Former student is defined as any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated.”
The Missouri State Teachers Association (MSTA) is suing the state over this law. Teachers that are a part of MSTA feel this bill will restrain their ability to communicate with students through social media sites or text messaging. On Friday, August 26 MSTA was awarded with a ruling to stop the new Missouri social networking law from taking effect Sunday, August 28, 2011.
Gov. Jay Nixon plans on asking state law makers to repeal some of the sections including the section 162.069 of Senate Bill 54 because it is capable of being misinterpreted by the school districts and teachers.
“Because of confusion and concern among educators, students and families over this specific provision of Senate Bill 54, I will ask the General Assembly to repeal that particular section, while preserving other vital protections included in the bill,” Scott Holste, Nixon’s press secretary, said, according to the St. Charles Patch.
The injunction to stop a new Missouri social networking law from taking effect allowed MSTA to have a chance against this bill and get it fixed.
According to the St. Charles Post, MSTA issued the following statement in an email on Aug. 26: “We are pleased that Governor Nixon and the court agree with our members that this portion of the new law needs to be fixed. Missouri National Education Association will continue to work with legislators and the other education organizations to find a long-term solution that goes well beyond the 180 day time frame outlined in this morning’s court decision. The problematic language in Senate Bill 54 needs to be addressed by the General Assembly — and not by the courts — because that allows educators, school districts and the students we serve to be a part of the solution.”
The ECHO staff feels this bill is ridiculous because it is taking away communication between teachers and students. Teachers can still have closed door conversations with students; teachers can still call students. This law is taking away the evidence, because the state can prove there was a conversation over the phone, but they can’t prove what was said. Whereas in a text message or message on a social media site, there is evidence that could place the crime to the person. The ECHO staff feels it is only hurting the government’s chances of catching these people. If a teacher wanted to have a relationship with a student, they would find alternative means to get what they want, or they would ignore the law altogether.
Not only does this law not prevent what it claims to do, it prevents teachers who have children in the same district to be friends on social networking sites because they are under 18 and have not graduated. In other words, parents who are teachers can’t be friends on Facebook with their own children. Thus, students hope MSTA succeeds in its lawsuit.
