New Section added to KRS Chapter 160 regulating school employee communication with students

[Colonels_Wear_Blue]

Kentucky state law recently had a new section of KRS Chapter 160 that went into effect, directing all local school boards in the state to designate one or more programs or applications as their traceable communication systems to be the exclusive means for school district employees and volunteers to communicate electronically with students.

The traceable communication system is intended as an added level of protection for students and their parents so that the school district and the parents are able to keep tabs on all electronic communication that takes place between school district employees - namely teachers and coaches - and the students. But what happens to coaches re-tweeting a player's tweet about getting an invitation to a prominent camp, or winning an award, or getting a college offer?

[Colonels_Wear_Blue]

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[Colonels_Wear_Blue]

Here is what I consider to be the most relevant material from the new section of the statute. The text of the full added section is 18 pages long, and the remainder of it deals largely with the reporting and handling of violations to the Act:


Each local board of education shall designate a traceable communication system to be the exclusive means for a school district employee or volunteer to communicate electronically with students. The principal of each public school shall provide parents written or electronic notification within the first ten (10) days of the school year of each electronic school notification and communication program designated within the traceable communication system. The notification shall include instructions for parents to access and review communications sent through each electronic school notification and communication program.

(a)     Except as provided in subsections (4) and (5) of this section, a school district employee or volunteer shall not communicate electronically with a student:
          1. Outside of the traceable communication system designated by the local board of education; or
          2. Through an unauthorized electronic communication program or application.

(b)     A school district employee that violates paragraph (a) of this subsection shall be subject to disciplinary action in accordance with:
          1. For certified employees, Section 2 of this Act and KRS 161.790; or
          2. For classified employees, KRS 161.011(7).

(c)     A school volunteer that violates paragraph (a) of this subsection shall be prohibited from future school volunteer opportunities.

A parent may submit written consent to authorize a designated school district employee or volunteer who is not a family member to communicate electronically with his or her child outside of the traceable communication system. The written consent:

(a)     Shall be filed in the administrative office of the student's school prior to any electronic communication being sent from a school district employee or volunteer to a student outside of the traceable communication system;

(b)     Shall designate a single, specific school district employee or volunteer per each consent form that may communicate with the student outside of the traceable communication system and shall not be transferable to any other school district employee or volunteer;

(c)     May be revoked by a parent at any time;

(d)     May establish terms limiting electronic communication with a student, including a term requiring that a parent be included as a direct party to all electronic communications sent to the student outside of the traceable communication system or establishing an expiration for the term of the consent. Any electronic communication with a student outside of the traceable communication system shall comply with all terms of the written consent; and

(e)     Shall not authorize a school district employee to engage in inappropriate or sexual electronic communication with a student or be used as a basis of a defense for a school district employee that engages in inappropriate or sexual electronic communication.

Notwithstanding subsections (2) and (3) of this section, this section shall not restrict any electronic communications between a student and his or her family member who is a school district employee or volunteer.

(a)     A school district employee or volunteer that receives a report alleging that another school district employee participated in unauthorized electronic communication shall immediately notify the supervising principal. If the subject of the report is the principal, the employee shall immediately notify the superintendent of the school district. If the subject of the report is the superintendent, the employee shall immediately notify the commissioner of education and the chair of the local board of education.

(b)     A school district employee that violates paragraph (a) of this subsection shall be subject to disciplinary action in accordance with:
          1. For certified employees, Section 2 of this Act and KRS 161.790; or
          2. For classified employees, KRS 161.011(7).

[WKU52]

So coaches can’t retweet or like posts from their personal account. What about from a school Twitter account?

[theguru]

4 minutes ago, WKU52 said:

So coaches can’t retweet or like posts from their personal account. What about from a school Twitter account?

I am not the authority here but that looks like a hard No.

[Colonels_Wear_Blue]

9 minutes ago, WKU52 said:

So coaches can’t retweet or like posts from their personal account. What about from a school Twitter account?

I think the only way to do so would require a parent of a specific student to submit expressed written consent for the coach to do so.
 

A parent may submit written consent to authorize a designated school district employee or volunteer who is not a family member to communicate electronically with his or her child outside of the traceable communication system. The written consent:

(a)     Shall be filed in the administrative office of the student's school prior to any electronic communication being sent from a school district employee or volunteer to a student outside of the traceable communication system;

(b)     Shall designate a single, specific school district employee or volunteer per each consent form that may communicate with the student outside of the traceable communication system and shall not be transferable to any other school district employee or volunteer;

(c)     May be revoked by a parent at any time;

(d)     May establish terms limiting electronic communication with a student, including a term requiring that a parent be included as a direct party to all electronic communications sent to the student outside of the traceable communication system or establishing an expiration for the term of the consent. Any electronic communication with a student outside of the traceable communication system shall comply with all terms of the written consent; and

(e)     Shall not authorize a school district employee to engage in inappropriate or sexual electronic communication with a student or be used as a basis of a defense for a school district employee that engages in inappropriate or sexual electronic communication.

[theguru]

Thinking out loud here, using the X (formerly Twitter) example posed WKU52, everyone with access to the school X account would have to have specific written permission for each individual child they wanted to engage with using X.  Off the top of my head it sounds like a logistical nightmare and something that will require at least a part time compliance officer at each school.  Or, the easier path would be for schools to say No to any communication between school employees and students using X.

Another one off the top of my head, say a coach has his own Facebook group or participates in a Facebook group for high school sports (there are a lot of those type of Facebook groups), I think this law automatically would prohibit coaches/school employees from continuing in that capacity. In other words, if you are a school employee and you are on Facebook you absolutely cannot have any contact with student-athletes on Facebook. 

[TRPride]

24 minutes ago, theguru said:

I am not the authority here but that looks like a hard No.

So, even though liking, commenting, retweeting, or sharing is public to all (unless your settings or blocked people prevent it), still not allowed?

Although I know that on certain social media platforms, commenting on a story can turn it into a private message exchange. 

[theguru]

4 minutes ago, TRPride said:

So, even though liking, commenting, retweeting, or sharing is public to all (unless your settings or blocked people prevent it), still not allowed?

Right, a school employee can't like, comment, retweet, share etc. student content (anything) without having all the proper written permissions on file with the school.  No nothing, no work arounds, no maybe this is acceptable, no communication at all other than on the approved platform and/or only with proper written permission. At least that is how I see it. 

[Colonels_Wear_Blue]

So I'm 100% on the fine details of Hudl, but that is a form of "electronic communication," correct? The school's coaching staff uploads schedule info and videos. The students have access to their own Hudl account that then is linked to their school's account under the specific sport(s) they are playing. Is there any student/coach interaction when it comes to producing highlight videos?

I think this new law essentially cripples student-athletes in Kentucky who want to get the best information and exposure possible among college recruiters. Sure, the cream of the crop athletes are going to be noticed by college recruiters, regardless, but I think this REALLY hurts any not-quite-top-tier who could still be vying for recruiting scholarship opportunities in D-II programs and at NAIA schools.

[theguru]

6 minutes ago, Colonels_Wear_Blue said:

So I'm 100% on the fine details of Hudl, but that is a form of "electronic communication," correct? The school's coaching staff uploads schedule info and videos. The students have access to their own Hudl account that then is linked to their school's account under the specific sport(s) they are playing. Is there any student/coach interaction when it comes to producing highlight videos?

I think this new law essentially cripples student-athletes in Kentucky who want to get the best information and exposure possible among college recruiters. Sure, the cream of the crop athletes are going to be noticed by college recruiters, regardless, but I think this REALLY hurts any not-quite-top-tier who could still be vying for recruiting scholarship opportunities in D-II programs and at NAIA schools.

HUDL is definitely a form of electronic communication, I mean on some level that is the point of HUDL.

[Voice of Reason]

There are work arounds. The key is setting up an authorized monitoring system. For example, some companies restrict what an employee can do on LinkedIn. They require the employee to run their LinkedIn account through a company that monitors their account and contacts. The same thing should be able to be done with HUDL. 

On text messaging, same thing. There are companies that have a texting and calling system that is company monitored but runs as an app on the personal cell phone.

Schools will need to put similar systems in place so they have a traceable record of contacts made.

[KingoftheCounty]

5 minutes ago, theguru said:

HUDL is definitely a form of electronic communication, I mean on some level that is the point of HUDL.

I am hearing that JCPS schools are going to another platform other than HUDL.  Again, just what heard.

[theguru]

5 minutes ago, Voice of Reason said:

There are work arounds. The key is setting up an authorized monitoring system. For example, some companies restrict what an employee can do on LinkedIn. They require the employee to run their LinkedIn account through a company that monitors their account and contacts. The same thing should be able to be done with HUDL. 

On text messaging, same thing. There are companies that have a texting and calling system that is company monitored but runs as an app on the personal cell phone.

Schools will need to put similar systems in place so they have a traceable record of contacts made.

I wouldn't phrase it a work around but I agree with the premise, a traceable communication system to be the exclusive means for a school district employee or volunteer to communicate electronically with students.

[DearToday]

Our school board has said we can retweet and like players posts. I think there’s some misinformation in that graphic. Our school board also said we can call students, but we can’t text them or have any form of direct messaging on social media etc. That if they reach out just don’t reply. And that it doesn’t matter if we follow them on Twitter as long as we don’t direct message.