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Thursday, December 11, 2014

School Board Members and Social Media


Denise Lowell-Britt
Denise Lowell-Britt, Esq., of Udall Shumway and Helen Hollands, director of communications and marketing for Mesa Public Schools, presented a review of the benefits and potential pitfalls of board member participation in the social media arena.

Hollands kicked off the presentation with a quick review of actual headlines in which board members faced fame and ridicule for their tweets and posts. Four potential scenarios, from comments that could place the district at legal risk to posts that could violate the open meeting law, were presented to provide a backdrop for the presentation.

Lowell-Britt continued with a comprehensive review of the applicable laws and legal procedures that must be considered when a board member chooses to use social media in his or her official capacity.  Paramount to any participation is ensuring that the open meeting law is understood and not violated, and executive session discussion is protected.

A second consideration is whether or not the post is a public record. Determination is based upon content, not format or location, leaving the board member’s personal technology subject to public scrutiny, and the member liable if records are not maintained according to statute.

Copyright law and infringement is another potential pitfall. Availability of content does not equate to permission to use. And access to FERPA-protected information does not imply permission to share. The ultimate concern is risk of litigation against the district due to the board member’s participation in social media.

Hollands continued the presentation by sharing several ways board members can positively impact their districts through social media. These include celebrating successes, promoting positive media, inviting the community to events, sharing important information and providing insight into educational topics. Proven techniques for these purposes were provided. For example, a board member should share a link to district-provided content rather than restating and possibly misrepresenting the district’s official position on a topic or compromising embargoes information.

In conclusion, Hollands shared best practices and board policies to live by.

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