The local branches of the American Civil Liberties Union and the American Federation of Teachers oppose language in the Kanawha County school board's proposed "social media policy," in which the school system claims wide latitude to monitor communications.
One school board member, Ryan White, said Thursday he doesn't think he can support the policy in its current state. And Dinah Adkins, a co-president of the Kanawha County Education Association, said her union is concerned that the policy could be interpreted to cover personal content on the personal cellphones and computers that school employees are nevertheless asked to use for certain work situations, such as emergencies.
Jeff Martin, interim executive director of the ACLU of West Virginia, noted that parts of the policy seem to indicate the school system would claim the right to review information on personal devices brought onto school property, even if those devices aren't logged into the district's internet and technology network.
"You can imagine a situation where you come to a basketball game," Martin said. "Does that mean, [for] any person attending that basketball game, the school system has a right to look through their cellphone? It has some serious implications because the language is overly broad."
The social media policy, alongside two other proposed policies regarding required employee training and banning most animals from school property, is posted online for public comment until Aug. 29 at kcs.kana.k12.wv.us. You can email comments to proposedpolicy@mail.kana.k12.wv.us, and written comments can be addressed to Kanawha schools Superintendent Ron Duerring, at 200 Elizabeth St., Charleston, WV 25311.
District General Counsel Jim Withrow has said the school system already has authority for a lot of the policy, and perhaps all of it, and said he interprets that the policy would maintain limits on when phones could be searched and what could be searched on them.
The social media policy covers text messages and emails, in addition to communications on sites like Facebook and Twitter that are more associated with the "social media" term.
Part of it states: "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."
Its language doesn't specify how broadly the term "School District information and data" should be construed, including whether it could be something as simple as a school lunch menu downloaded on a parent's phone.
The policy also states: "The School District has the right, but not the duty, to inspect, review, or retain electronic communication created, sent, displayed, received or stored on another entity's computer or electronic device when Users bring and use another entity's computer or electronic device to a School District location [or] event."
He said that bill, which his organization pushed for and was passed into state law during this year's Legislative session, bans employers from requesting that information or forcing workers to "friend" or "add" them to get around employee-instituted privacy settings on their accounts.
Rosemary Jenkins, a Kanawha representative of the American Federation of Teachers union, said that at a special meeting on the policies Thursday that included AFT officers, executive board members, building representatives and local activists, none of the roughly 18 people there supported the policy. A reporter was not allowed to attend.
Jenkins said there are concerns that the policy would allow school administrators to look at workers' personal communications for no reason.
"Our attorneys will be answering the legal questions concerning [employees'] rights," Jenkins said. She said the Kanawha school administration has said it's "happy to listen to our concerns and make sure they are addressed."
Earlier this week, she retweeted a tweet from Monongalia County American Federation of Teachers leader Sam Brunett that stated "Looks like Kanawha Co [Board of Education] took a few chapters from George Orwell," and included a link to an earlier Gazette-Mail article on the policy.
White said the policy language needs changes, saying it's too broad and he has concerns like what Martin described about the basketball game scenario. He said the policy may need due process provisions.
"I think we do need to have a social media policy, and let the students and employees know that it's not appropriate to say certain things on social media," White said. When asked what else a social media policy should include, he said he needs to do more research.
Reach Ryan Quinn at ryan.quinn@wvgazettemail.com, facebook.com/ryanedwinquinn, 304-348-1254 or follow @RyanEQuinn on Twitter.