Several Kanawha schools officials support adding varying levels of civil liberty protections to a controversial proposed 'social media policy.'
The state chapter of the American Civil Liberties Union sent a letter to the school board last week, saying the proposed "social media policy" violates the Fourth and First Amendments of the U.S. Constitution, as well as state law.
Only one school board member, Ric Cavender, went so far as to say his views are very similar to what he read in the letter. Other views ranged from those of Jim Withrow, the school board attorney who tentatively said the section that deals with searches of electronic devices may need to be clarified, to Pete Thaw and Ryan White, school board members who listed changes they support that were among those suggested by the ACLU. Some other school board members declined to comment.
Jamie Lynn Crofts, legal director for the ACLU of West Virginia, sent a 12-page letter to the school board last week, arguing that the proposed policy violates the Constitution as well as West Virginia's Internet Privacy Protection Act, a bill passed last legislative session.
The ACLU opposed the policy, Crofts says, because it infringes upon Constitutional rights to free speech and freedom from unreasonable searches. The policy gives the school district the ability to review the contents of any electronic devices that any person brings to school property. It also sets restrictions on off-campus speech that the ACLU says are so broad and vague that they restrict free speech.
Teachers unions have also opposed provisions of the proposed policy.
Among the sections causing controversy include:
"The School District has the right, but not the duty, to inspect, review, or retain electronic communication created, sent, displayed, received or stored on User's personal computers, electronic devices, networks, internet, electronic communication systems, and in databases, files, software, and media that contain School District information and data."
Withrow said that sentence clearly says school officials would only be looking for school district information. He used a class list as an example.
Jeff Martin, interim executive director of the state ACLU, said it wasn't so clear to him.
"That's why it's a poorly written policy," he said. "Intent does matter but if it's not written into policy, clearly there's no way to police that."
Withrow said he hadn't had time to review the letter in full when reached last week. He did say he would be open to suggesting to the school board that the policy be changed to clarifying when searching through electronic devices, the school district would only be searching for school information.
When a reporter noted that school officials would come across other information while looking for the school information, he said, "perhaps."
The ACLU also has concerns about the part of the proposed policy that states that employees, students and guests may be punished for "inappropriate communications," including "personally identifiable... information about students, employees, and guests," "inappropriate commercialization of childhood experiences," "defamatory or discriminatory statements and images" and "bullying/cyberbullying."
"The Board's effort to encourage appropriate Internet behavior is to be commended," Crofts wrote. "But the effort to prohibit offensive use of social media is a violation of long-standing American principles, entirely inconsistent with the District's duty to educate."
Withrow did not suggest that the school district might be willing to change the portions of the proposed policy that the ACLU says restrict free speech.
Asked what spurred the need for a policy, he said there had been situations where "questionable and inappropriate things" were brought to the attention of officials. He wouldn't go into specifics.
Withrow acknowledged that the section of the policy allowing the search of electronic devices doesn't address that problem.
"I wouldn't necessarily have to search somebody's phone to find inappropriate posts," he said. "I don't have to go looking. People bring them to me."
Then why there was a need to include a section in the policy allowing for the search of electronic devices at all?
"I suppose we're trying to solve a myriad of issues," he said. "Of course you never know what may come up."
Thaw said the section on searches of electronic devices needs to be changed.
"We shouldn't be honing in on people's emails and private correspondence," he said. "That's crazy."
He declined to describe any other changes he would support.
"I would rarely agree with the ACLU, but I do agree with them that this policy as written is far too broad and not defined enough," he said.
Cavender said, like the ACLU, he is concerned about civil liberties.
"I personally had concerns very similar to what I read in the ACLU's letter," he said.
White also said he would support changes. He said the policy may need due process provisions and may need revised to say it does not apply to guests on school property, among other changes.
"I do think there were some valid points in that letter," he said.
Jim Crawford, another school board member, declined to comment until the 30-day comment is up, but said he had read the ACLU's letter three times and there were "some issues there."
Becky Jordon, another member, said she has been out of town and unable to review the policy.
Kanawha schools Superintendent Ron Duerring did not return calls last week.
The policy is posted online for public comment until Aug. 29 at kcs.kana.k12.wv.us. Comments can be emailed to proposedpolicy@mail.kana.k12.wv.us, and written comments can be addressed to Duerring, at 200 Elizabeth St., Charleston, WV 25311.
Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.