Public education employees—
Digital communication and the law
Professional Code of Conduct
Enforced by the state Superintendent of Public Instruction—individual discipline, including loss of certificate.
• The code even applies “where the education practitioner's role as a private person is not clearly
distinguishable from the role as an education practitioner and the fulfillment of professional
obligations.” (WAC 181‐87‐020)
• “Any performance of professional practice in flagrant disregard or clear abandonment of generally
recognized professional standards … is an act of unprofessional conduct.” (WAC 181‐87‐065)
• Bottom line: Certificated employees are accountable for their professional code of conduct whenever
they act within their job capacity, and this includes all interactions with students.
Example applications: Interactions with students via Facebook or text message. Encouraging students to sign
up for your Twitter feed and mixing school‐ and personal tweets.
Suggestions: Keep your professional life separated from your personal life! Try to create a clear delineation.
Public Records Act (RCW 42.56)
Enforced by courts—fines up to $100 per day that the record is not produced and all attorney’s fees.
• Includes “any writing containing information relating to the conduct of government;” writing is every
means of recording any form of communication or representation… which information may be
obtained or translated.”
• Secretary of State retention schedule: 2 years for “internal or external communications to or from
employees that are made or received in connection with the transaction of public business” including
email, and Web site and social networking posts and comments. (CORE 1.1.6)
• Bottom line: All recordable records an employee produces in her/his job capacity—with narrow
exceptions—are subject to disclosure and must be retained per the state’s retention schedule.
Example applications: Social‐media posts, text messages, and e‐mail on personal accounts that involve school
business; content posted on a classroom Web site not hosted by North Thurston Public Schools.
Suggestions: Use the District’s email and phone resources for communication. If maintaining a non‐District‐
supported Web presence, archive a searchable database of content for two years.
Constitution: First Amendment
Enforced by courts—could include monetary remedies for the aggrieved and attorney’s fees.
• “Congress shall make no law … abridging the freedom of speech …”
• Public agencies cannot restrict speech because of the viewpoint of the content. Restrictions on content
“must serve a compelling state interest” [Perry Ed. Assn., 460 U.S. 37, 46 (1986)].
• Bottom line: If an employee creates an open forum for public commentary, s/he cannot remove or edit
any comments simply because s/he does not like or agree with the content.
Example applications: An employee creates a blog open for public comments on her/his classroom Web page
and receives a comment like “Today’s lesson was the worst ever!”
Suggestions: Post the District’s disclaimer and remove content accordingly. Limit the number of purely
open forums where anyone is freely invited to contribute.
Family Education Rights and Privacy Act (20 U.S.C. § 1232g)
Enforced by administrative court—ultimately could lead to loss of all state funding.
• Protects the privacy of student records. Schools may disclose, without consent, students’ "directory"
information. However, schools must tell parents about directory information and allow them a
reasonable amount of time to request that the school not disclose directory information about them.
• North Thurston Public Schools defines “directory” information (Procedure 3250) as student name,
address, phone number (unless unlisted), participation in school activities and sports, weight, height
and grade level of members of athletic teams, dates of attendance, degrees, honors and awards, and
schools previously attended; work created by the student for school-related publications.
• Bottom line: Employees should not disclose ANY information about students with FERPA letters on file;
employees should not disclose more than directory information for students with no FERPA letters on
file.
Example applications: You post pictures of students online without checking FERPA status first; you discuss
students’ behavior or academic issues on a social networking site.
Suggestions: Be mindful of what information you share about students. Check with parents whenever
possible.
Mandatory reporting: Infraction of school rules
Enforced by North Thurston Public Schools —discipline up to termination.
• “In (student behavior) incidents that require administrative intervention, the certificated staff member
will make reasonable effort to inform the appropriate administrator as to the nature of the offense.”
(Section 1.9.1)
• Bottom line: Employees are responsible for reporting students’ violation of school rules.
Example applications: An employee friends students on Facebook and learns through a student wall post that
athletes were at a party with alcohol over the weekend.
Suggestions: Be very cautious of comingling personal and professional social‐networking accounts. Know your
obligations if you do.
Mandatory reporting: Abuse or neglect (RCW 26.44.030)
Enforced criminally—knowingly failing to make a report is a gross misdemeanor (RCW 26.44.080).
• When any professional school personnel has reasonable cause to believe that a child has suffered
abuse or neglect, he or she SHALL report such incident or cause a report to be made to the proper law
enforcement agency or to the Department of Social and Health Services within 48 hours.
• Bottom line: Employees are responsible for immediately reporting any student neglect or abuse.
Example applications: An employee friends a student on Facebook and learns through a student wall post that
his parents kicked him out of the house two weeks ago.
Suggestions: Be very cautious of comingling personal and professional social‐networking accounts. Know your
obligations if you do.
Be smart and protect yourself:
Know your obligations as a public school employee!