Friending Facebook

Emil Protalinski
Home / News & Blogs / Friending Facebook

Missouri bans students and teachers from being Facebook friends

By | August 1, 2011, 4:43pm PDT

Teachers can be friendly with their students, but they can’t be their friends, at least when it comes to social networks such as Facebook. State Governor Jay Nixon has signed Senate Bill 54, which goes into effect on August 28, 2011 in the state of Missouri. In other words, later this month it will be illegal for students and teachers to be friends online, according to KSPR.

Senate Bill 54 is dubbed the Amy Hestir Student Protection Act, and aims to fight inappropriate contact between students and teachers, including protecting children from sexual misconduct by their educators. It is named after a Missouri public school student who was repeatedly molested by a teacher several decades ago. The Bill strengthens rules against schools that fail to report sexual abuse of students by employees, but at the same time it also adds other requirements, such as the social networking component.

The new law bans direct social networking contact between teachers and students in the hopes of setting more distinct boundaries on the relationships between the two. Section 162.069 of the bill explains the social networking part in a bit more detail:

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.

This implies that teachers will still be able to have a Facebook Page for interacting with students on a slightly more personal level, as long it’s still work-related. It’s the actual friending, messaging, and whatever other direct connection you can make on a social network that will not be allowed.

It’s not clear how Missouri plans to enforce the law, but it’s quite possible social networks will be asked to do a little work themselves. Will the state be allowed access to Facebook accounts, personal computers, or ISP records to see who is friending whom?

Personally, I think it’s a little bit ridiculous as I’ve seen multiple student-teacher friendships work out just fine, even before social networks ever existed. Then again, I don’t live in Missouri.

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Facebook, Network, Student, Missouri, Teacher, Senate Bill 54, Bill, Social Networking, Social Media, Social Business, Online Communications, Marketing, Advertising & Promotion, Emil Protalinski

Emil Protalinski has covered the tech industry for five years for multiple publications.

Disclosure

Emil Protalinski

Emil has nothing to disclose.

Biography

Emil Protalinski

Emil Protalinski has covered the tech industry for five years for multiple publications, including Neowin for two years and Ars Technica for three years. He has written 1,000s of articles for both, with a particular focus on scrutinizing Microsoft products and services. Recently, Emil has expanded his coverage to non-Microsoft technologies, including the social networking giant Facebook.

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RE: Missouri bans students and teachers from being Facebook friends
FAULKNE 13th Oct
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RE: Missouri bans students and teachers from being Facebook friends
Imrhien 1st Aug
I think it's a rubbish idea. Education is miles more effective when the teacher and student have a decent rapport. This is another stupidly overblown response to a problem which will continue to occur regardless of the new law. I mean, what's going to stop the teacher and child making anonymous accounts somewhere?
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RE: Missouri bans students and teachers from being Facebook friends
josh92 2nd Aug
@Imrhien

That's right. Laws can't fix the corruption in people's minds. People have to keep themselves moral on their own. People need to purify their own minds instead of getting the government to pass more and more and more laws. Even when laws are passed there are always still loopholes to be found and exploited by those who have corrupt minds. I think it's very telling that this law was named after a student who's situation obviously had nothing to do with a relationship over a social network with a teacher.
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RE: Missouri bans students and teachers from being Facebook friends
alasiri5 Updated - 11th Aug
@josh92 Why not pass a new law, no teachers can have any sort of contact with a student... all education must come from a computer screen.. virtual classrooms..make it law... that way, no teachers can actually have any contact wit students... we could even have vir t ual sports.. using like the WII or the Kinect.. then that will cut down on injuries... and new software created.. which turns in im mediately any person who takes a nude photo with their phone... new software that turns in any child who is out after curfew.... Politicians eager for a name and a paycheck... YOU the citizens lose!
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RE: Missouri bans students and teachers from being Facebook friends
philip.lane@... 3rd Aug
@Imrhien This has been the case in the UK for years - it's not illegal for teachers to be friends with students on social media but you would probably be struck off the teaching register for doing it. There are limited cases where it's acceptable - some schools host their own versions of Facebook for use with current and former students and teachers where it's moderated and can be used for school work. Some schools let certain teachers give out their WORK phone number to students so they can contact them with concerns or questions about exams/university choices etc. I'd certainly not want my son's teachers 'friending' them on Facebook, though not for fear of inappropriate contact - think of the crap that some people put on FB. I used to be a teacher and I know teachers who put all sorts of things about work and themselves that would destroy reputations (including the school itself)

I also know some who did use it for inappropriate contact. They've now been dealt with by the police...
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RE: Missouri bans students and teachers from being Facebook friends
ClarisaClarity 1st Aug
Why would they name this bill after a student who was molested before the advent of Social Media? The name itself implies that sexual exploitation is the direct result of social media. It seems that his is something that could have been part of something as simple as a code of conduct.
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Liability
wackoae 1st Aug
The main probable reason for this ban could be liability. The state may be covering their rear ends from the possible issues generated by having an "official representative of the state" having access to a the kid Facebook page.
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I almost got fired for this
bobiroc 1st Aug
Back when MySpace was the hit social network. The kicker was it was for being friends with my own sister which was a senior in High School in the same School district I worked at. Someone complained that I was friends with a current student and I guess neglected to notice that the last names were the same. They brought me into HR and had me open my page and had me explain every person under the age of 18 that was my friend. They were all relatives so the HR Superintendent apologized and said there was no problem.

That being said I kind of agree with this. There are plenty of other ways to build up a rapport than being Facebook friends or something. There are too many risky variables involved and I think any self respecting teacher would realize that and politely decline any student friendships.
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RE: Missouri bans students and teachers from being Facebook friends
rphunter42 2nd Aug
@bobiroc
THe idea is insane. It doesn't seem to specify any age information, or even where the person in question is a student, or a teacher. It would prohibit a parent that is a teacher from being 'friends' with their own children, nieces, nephews, etc. Facebook is how my family keeps in touch. Sure glad I don't live in Missouri. Perhaps someone needs to Show them how stupid this idea is.
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RE: Missouri bans students and teachers from being Facebook friends
bobiroc 3rd Aug
@rphunter42

I would hope there would be exceptions for real personal relationships such as family. I guess I just think it is a safe practice to be friends with people you are really friends with. While it is nice to have a good relationship with your students I would think that could be done with out facebook. I am sure the school district is being a bit extreme here as I work for one and they tend to over-react but there is a level of liability here and the school has to protect themselves too. All it takes is for one parent to complain and the lawsuits come a flyin'. Also with all the teachers in the news sleeping with students these past years I can see how the school district can be concerned. In my experience schools have strict policies about forming personal and non teaching type relationships with students all the way through college.
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RE: Missouri bans students and teachers from being Facebook friends
hooptie72 1st Aug
As a middle school teacher, I have always had the personal policy not to be FB friends with any students until after they graduate from high school. The only current students I have as friends are my nieces and nephews. Is this illegal too? This law sounds as if it will ban me from becoming friends with any former students forever. I have former students that are in their 20's. How can they ban me from being friends with adults? I live in a small town where everyone knows each other well. It sounds like a silly law.
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RE: Missouri bans students and teachers from being Facebook friends
gv_swimmer 2nd Aug
@hooptie72

As a Missouri high school teacher in a small town, I had the same concerns. However, when you look at the bill, it defines a former student 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." So once they turn 19 or graduate, the law does not apply to them.
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They can't. I can see this being struck down by the courts.
ye 2nd Aug
@hooptie72: As a middle school teacher, I have always had the personal policy not to be FB friends with any students until after they graduate from high school. The only current students I have as friends are my nieces and nephews. Is this illegal too? This law sounds as if it will ban me from becoming friends with any former students forever. I have former students that are in their 20's. How can they ban me from being friends with adults? I live in a small town where everyone knows each other well. It sounds like a silly law.
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RE: Missouri bans students and teachers from being Facebook friends
lemmyc 2nd Aug
@hooptie72 Reading the text of the bill, it only restricts teachers from having former students currently under the age of 18 and not-yet-graduated as friends. In other words, don't friend a 17 year-old junior that was your student as a 15-year-old freshman.
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RE: Missouri bans students and teachers from being Facebook friends
CobraA1 1st Aug
"including protecting children from sexual misconduct by their educators."

. . . and how exactly does banning Facebook friends protect them?

Better idea: Fire the profs who are engaging in sexual misconduct, and prevent them from ever being in the education system again.
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RE: Missouri bans students and teachers from being Facebook friends
blueskip 2nd Aug
@CobraA1 That might actually work; we can't do that.
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Message has been deleted.
FourLeaf1 Updated - 4th Aug
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RE: Missouri bans students and teachers from being Facebook friends
Bates_ 2nd Aug
This will not stop all the touchy feely that goes on in schools between teachers and students. It's nonsense in my opinion, but ridiculous laws are passed everyday.
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RE: Missouri bans students and teachers from being Facebook friends
Badgered 2nd Aug
I realize I'm going to be in the minority here... but while I think it's ridiculous that there is an actual policy in place, I think the idea is correct. Just as Bosses and employees shouldn't be friends on facebook, Teachers and Students shouldn't be.
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RE: Missouri bans students and teachers from being Facebook friends
blueskip 2nd Aug
@Badgered definitely in the minority - at least you know your place
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RE: Missouri bans students and teachers from being Facebook friends
hforman@... 2nd Aug
@Badgered Where did you ever get the idea that bosses cannot date or have sex with employees least of all be friends on facebook. While it might not be a great idea, I have seen office marriages happen. If done PROPERLY, an instructor can have a facebook page and use it to post assignments and to keep the class all on the same "page". As someone pointed out, they named this after a student who was molested before the invention of the WWW. Goes to show that fb has little to do with teachers doing the wrong thing.
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Just another Stupid witch hunt.
Snooki_smoosh_smoosh 2nd Aug
What is the next law? Prohibited contact between parents and their Kids? Nanny state.
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neh...
pdfsmail@... 2nd Aug
So what if the student is related to a teacher? I do believe there should be some seperation at a personal level, but some peronal level interaction is needed... I always learned more from teachers that were more personal with me, even outside of school. That doesnt mean they are going to abuse me. Granted I understand why.. but sooner or later someone will come around saying it is an unconstitutional law....
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And how will this work for home schooling
tony@... 2nd Aug
Parents will no longer be allowed to be connected as friend to their children?
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Before anybody jumps to more conclusions
mbennett@... 2nd Aug
Read the act, then decide for yourself if it's good or not.
http://www.senate.mo.gov/11info/BTS_Web/Bill.aspx?SessionType=R&BillID=4066479

What we're talking about is Section 162.069

I'm from Missouri and my wife is a school teacher. This bill passed unanimously (practically unheard of in this state) and was signed by the governor. It seems to fix a lot of past bills, but it seems pretty reasonable to me. Unless it becomes over-enforced by some idiot prosecutor, which is always a possibility with any law, I don't see how it could be could be considered unconstitutional.
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So much noise, so few facts...
semi-adult 2nd Aug
It would be nice -- no, make that incredible -- if stories like this one came with the relevant history attached, instead of the minimal Faux Noise coverage and tittilation.

This new law is the result of years of lobbying, hearings, "news statements" and basic propagandizing by ONE obsessed fanatic in the state legislature. She picked this "cause" and rode it for all the political points it has been worth, generating smoke and confusion at every turn and in every possible venue. The unfortunate victim of actual abuse that the law is named after has been trotted out everywhere, publicized and persuaded to "testify" so many times that her story has become mechanical in it's repetition over the years. It's like the politician has found a goldmine in the constant degradation of the victim, who apparently goes along with it willingly.

This application of manufactured hysteria has been looking for a legal target for many years now. This instance has been proposed as the basis for law in Missouri all that time, and perhaps as much as anything from the legislature being fatigued by the assault, has managed to finally be presented to the latest wingnut driven body and governor. It's been passed and signed in the wave of "we will tell you what's right" sweeping the hinterlands, where the real needs of folks -- things like jobs and good health -- are swept aside in favor of ginned-up moral outrage.

The law may or may not stand under court scrutiny, but that does not matter. The law may actually serve some purpose outside the fevered imaginations of the crowd that sees a terrorist in every waking moment, but the odds are pretty low on that. What we have here is a predictive look at the future of government by mob and media.
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Blame term limits
widemanf 11th Aug
@semi-adult
Missouri has senior legislators that have only served 2 terms. Term limits now give us legislators that have little or no experience. There is no real senior membership that can mentor the younger and greener legislative body. Another case of getting exactly the government that we deserved and actually asked for!!!
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RE: Missouri bans students and teachers from being Facebook friends
pastorsam 2nd Aug
LOL on the homeschooling tony. I smell a constitutional issue here. Don't think the law is enforceable.
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RE: Missouri bans students and teachers from being Facebook friends
pastorsam 2nd Aug
LOL on the homeschooling comment Tony. This law is unenforceable. Anyone hear of the US Constitution?
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probably unconstitutional
pikeman666 2nd Aug
more republican politics . . .
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RE: Missouri bans students and teachers from being Facebook friends
skywire@... 2nd Aug
The relevant sentences are such incoherent mush (which is, sadly, typical of verbiage in bills written by less-than-bright bulbs in state legislatures) that they could hardly be said to be interpretable at all. And if we were forced to interpret them in some way, we could only come up with hilarious implications.

Look at the first sentence. A teacher cannot use a work-related website unless it available to the custodian of "the child". What child? And whoever "the child" is, any work-related website, such as a page for entering or modifying grades, or updating the teacher's W-4, must be available to this mysterious child's custodian.

Mr. Protalinski seems to think that being a Facebook user means "having" a website. Does it? Not in any strict technical sense. But maybe that was intended. Who knows? And what does it mean, that a teacher's "website" must not "allow exclusive access with" a student. First, there is the problem of broken English: the non-idiomatic preposition 'with'; does it mean "by", or "together with", "to", or something else? What is the exclusivity about? Does it mean that a teacher's website is prohibited only if the only party other than the teacher who can access it is a single student?

Any judge charged with interpreting this unreadable hash will end up effectively forced to invent new sentences to replace this rubbish. Which means that individuals can have no idea in advance of what is prohibited by this "law".
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RE: Missouri bans students and teachers from being Facebook friends
maestro_elite@... 2nd Aug
If an inappropriate relationship was forming with a teacher and a student it would be easier for the parent to uncover it if they were Facebook friends.

At least with Facebook the parent has an chance to "snoop" their conversations and interactions. This law just forcing the student/teacher relationship "underground"
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RE: Missouri bans students and teachers from being Facebook friends
tmsbrdrs 2nd Aug
@maestro_elite@...
Parents don't even have the chance to snoop without having the childs password. Many children are more intelligent with technology than their parents and, due to this, can easily hide whatever they'd like.
All this "law" is doing is removing newer technology from the teacher/student relationship and, yes, punishing teachers for having underage relatives.
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The trouble with "zero tolerance" policies . . .
NeverLift 2nd Aug
. . . is that they are misused, with completely innocent conduct being punished to the profound detriment to those involved, by brain dead administrators who can only parrot "we have a policy" and, for example, expelling a student with taking ibuprofen for a severe headache on the school grounds.

This Facebook ban is one such, in that it provides for no exceptions. The administrator who apologized upon learning that all the students in the teacher's Facebook friends list were relatives is the exception; many would still find the teacher guilty because "we have a zero tolerance policy."

For many, many examples of idiocy in this, go to
www.thisistrue.com and enter "zero tolerance" in its search box.

and sample some of the 471 entries.
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Being from Missouri myself ....
kingtj 2nd Aug
I'm not a fan of this legislation either. I think whenever you call for a "ban" on something, you have to really consider all the potential "pros" AND potential "cons" to enacting it. It's easy to argue the "pros" in this case, since practically everyone wants to ensure a child can get an education without inappropriate conduct on the part of a teacher interfering. But what problems are we potentially creating with such a law? Besides the obvious issues that could come about with over-zealous "zero tolerance" enforcement (like teachers being fired for having school age relatives as Facebook friends), are we also squandering an opportunity for teachers and students to communicate in a positive way?

It sounds like *most likely*, this ruling isn't stopping a teacher from, say, creating a Facebook page with links to extra-credit homework assignments students could do, or one providing them useful information about things like upcoming classroom activities being planned. But how many teachers will want to even risk trying it, if the law already places serious limits on what they can/can't do on the web site? Encouraging them to err on the side of caution means neglecting benefits of the medium.

Surely, there's no law preventing students and teachers from communicating with each other via email, right? So realistically, how does this prevent a deviant teacher from starting up inappropriate online communications with a student or students anyway? In many schools, students already give out their email addresses so homework can be submitted online and so forth -- so it's information a teacher would likely already have.

We've got plenty of legislation that already addresses situations where an adult has inappropriate sexual conduct with a minor, and schools already have plenty of internal rules preventing continued employment if one is found doing the same. I'm thinking it's best to work with what's already in place, and quit trying to micro-manage what teachers do online to this extent.
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RE: Missouri bans students and teachers from being Facebook friends
cdhanks 2nd Aug
While the intent is good, it probably violates the First Amendment and likely will be struck down by the courts. A big waste of time and money.
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G
meski.oz@... 2nd Aug
Solution: Goto Google+, and create a circle relationship called student-teacher, rather than friend. Hard to argue with that. The problem with FB is that it doesn't let you separate types of relationships.
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RE: Missouri bans students and teachers from being Facebook friends
hforman@... 2nd Aug
OK, let me get this straight. Teachers can call the student on the phone. They can meet with the student in private. They can email back and forth. But, no Facebook?
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Why not make all kids learn from home computers..
cfcamericadotorg 3rd Aug
Why not pass a new law, no teachers can have any sort of contact with a student... all education must come from a computer screen.. virtual classrooms..make it law... that way, no teachers can actually have any contact wit students... we could even have virtual sports.. using like the WII or the Kinect.. then that will cut down on injuries... and new software created.. which turns in immediately any person who takes a nude photo with their phone... new software that turns in any child who is out after curfew.... Politicians eager for a name and a paycheck... YOU the citizens lose!
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RE: Missouri bans students and teachers from being Facebook friends
aphrodite9_9 3rd Aug
This is crazy!!! All but like one of my daughters closest friends since grade school are children of teachers. She has been in these ladies homes with my permission since she was a child and considers some of these ladies as second moms! I will challenge anyone who questions my daughters relationship with these women. If you want to control your child keep tabs on their facebook, it is your job as their mother!! I believe I am the ONLY person, besides her father, who has a right to say who my kid can and cannot be friends with, period. Until the state starts paying for her raising and starts attending all the cheer camps, PTO meeting, parent teacher conferences, etc. for me it will stay that way!
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RE: Missouri bans students and teachers from being Facebook friends
cshunt312 Updated - 3rd Aug
This piece did an incomplete job of presenting this situation. There are many valid reasons for prohibiting teachers and students from becoming friends on Facebook, most of which are not addressed here. The prohibitions (by policy, not by law) should extend to other staff as well and should include friending subordinates and parents too. Simply put, the risks of crossing personal/professional boundaries far exceed the potential benefits.

A viable alternative that organizations of all types - especially those that interact with minor children - should start pursuing is the establishment of private social networks that allow for many of the benefits of a site like platform while minimizing the risks.

This is an important Digital Era issue that needs to be carefully considered and handled responsibly, but people can't engage in healthy debate of the issues unless they're well informed. I'm glad to see that several commenters made the effort to read the law and be clear about what it entails.

Courtney Shelton Hunt, PhD
Founder, Social Media in Organizations (SMinOrgs) Community
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RE: Missouri bans students and teachers from being Facebook friends
kyle@... 4th Aug
My wife is a public school teacher for a very small school district (less than 100 students in the high school). She is the only HS science teacher. Does that mean if she were in MO she would have to unfriend our children who go to the same school?

This sounds like an answer in search of a problem.
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RE: Missouri bans students and teachers from being Facebook friends
MadYank 5th Aug
Sadly, as with Alcohol and so many OTHER subjects, Legislators will eventually learn,
"You CAN'T Legislate Morality."
There is only ONE WAY to fight rabid animals; you track them down, trap them, and destroy them. Preferrably BEFORE they attack anyone else. If not, then as soon as possible after the attack - before they attack MULTIPLE TIMES.
You don't "Reform" them; they can't BE reformed.
You don't "Correct" them; they aren't INCORRECT - they're DANGEROUS and DEADLY.
A RABID ANIMAL is a DEADLY, VICIOUS CREATURE that will attack it's victim, not because it "wants" to harm the victim, but because it's diseased, with a FATAL DISEASE that will kill it and any victim it infects. And it will DESTROY it's victim's mind in the process.
And a CHILD MOLESTER IS a RABID ANIMAL - period.
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Can We be Friends? In Cyberspace, 'No' May be the Right Answer
cshunt312 Updated - 11th Aug
Much of the coverage of this issue has been incomplete and/or inaccurate, which has led to significant misunderstanding and misplaced anger. Ive written a post that offers a broader perspective on the law and the potential benefits of restricting interactions between adults and minor children in cyberspace. This piece also provides an alternative that enables individuals and organizations to reap the benefits of digital interactions while better managing the risks. Its entitled Can We be Friends? In Cyberspace, No May be the Right Answer and can be accessed via http://tiny.cc/Friends-PDNs.

Courtney Shelton Hunt, PhD
Founder, Social Media in Organizations (SMinOrgs) Community
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RE: Missouri bans students and teachers from being Facebook friends
erich1010@... 16th Aug
I just looked at the bill and it seems to OK a teacher being friends with students if the social networking website is accessible by administrators and parents. One example of this that I can think of is PZ Meyer's Pharyngula where many of his students contribute. I don't think this law will cover that, because it is a public page where people can comment. This blog was originally used as a meeting place for his classroom. The law basically prohibits private conversations with students on social media. As long as the parents and admins are invited, I don't think it is illegal.

Still, the law is fairly unenforceable. There is such a range of social networks and online forums that it is difficult to tell who is on what. It can also be hard to tell if the person you're inviting is a student under another name. This is especially true of former students who the teacher might not know personally. The law even applies to former students who were at the school when the teacher taught. Given the size of some schools, that could be one of thousands.
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Constitutional issues
shycago 17th Aug
The sad part is, this law will probably be analyzed on court based on other Constitutional issues, such as the right to teach or the right to free speech. I'm thinking that the main focus, which should be student safety, will probably take a side role if the law is challenged legally.

This piece had some explanations of Constitutional issues: http://lawblog.legalmatch.com/2011/08/12/student-teacher-facebook-ban-raises-constitutional-concerns-2/
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RE: Missouri bans students and teachers from being Facebook friends
WIRSOL 22nd Aug
This is so extreme. Why not just teach everyone to use social networking sites and what to watch out for. What is good bad and ugly about them and what is not. And what it means to upload a photo, the consequences and the pitfalls. Even adults are naive to the ramifications of what is posted on Facebook. If you don't want the whole world to see including your grandmother and your boss, then don't post it... seems simple to me...
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RE: Missouri bans students and teachers from being Facebook friends
HCGdiet01 2nd Sep
Facebook has absolutely nothing to do with protecting them from misconduct by profs.
How silly.

http://www.bottled-hcg-diet.com/
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RE: Missouri bans students and teachers from being Facebook friends
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RE: Missouri bans students and teachers from being Facebook friends
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RE: Missouri bans students and teachers from being Facebook friends
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