• Some recent examples of school board cybertraps

• AZ – Google Drive with “dossiers” on parents
  • Great example of a classic cybertrap – unintended disclosure of Google Drive URL

• CA – Board president arrested for possession of child pornography

• MA – Hostile text messages

• NJ – Anti-Muslim Facebook posts

• TX – Alleged “doxxing” of parents

• VT – Sharing of sexist and racist memes

• WA – Transphobic comments by board member

• CA – School board mocks parents during COVID, entire board resigned

• Issues Raised

• Relationship with Constituents
  • Most boards have policies requiring board members to treat the public with dignity and respect.
• Relationship with Educators and Staff
  • Criticism of specific individuals is highly inappropriate, given board’s role in disciplinary proceedings
• First Amendment Issues
  • Board members have greater protection than school employees because of political process
  • At the same time, the social media comments of public officials are subject to greater scrutiny
  • Tension between supporting legally-adopted district policies and free speech
• Public Records Obligations
  • Board members should maintain a clear boundary between personal and board resources (i.e., devices, accounts, etc.)
  • Regardless of what platform or service is used, public officials have a duty to preserve communications regarding official business
• Understanding How Technology Works
  • Privacy Settings
  • Retweets and re-sharing inevitably will be seen as endorsements
• Discipline of Board Members
  • Can a board remove one of its members?
  • Generally, no.
  • However, board may take other actions, including:
    • Censure
    • Removal from positions of leadership
  • Even criminal arrest and conviction is not grounds for removal from office
  • However, access restrictions can be put in place
• Misuse of School Resources
  • Misconduct involving the use of school resources may raise legal issues for the district and possible criminal consequences for board member
• Cybertraps of Family Members
  • Generally not a legal concern for board members
  • May pose political liability

• Resources

– #2021–12–08 Protesters demand Salem-Keizer board member Danielle Bethell resign after Facebook post “https://www.statesmanjournal.com/story/news/education/2021/12/08/salem-keizer-lus-protesters-call-resignation-danielle-bethell-school-board-county-commission/6426974001/” – #2021–12–06 Parents demand Hispanic Fort Worth school board member be fired after she ‘doxxed’ white parents who sued over COVID mask mandate and left abusive voicemails for one mother “https://www.dailymail.co.uk/news/article–10280653/Hispanic-Fort-Worth-school-board-member-admits-doxxing-parents-sued-COVID-mask-mandate.html” – #2021–12–02 Scottsdale Police determine no criminal conduct committed by school board member “https://ktar.com/story/4792525/scottsdale-police-determine-no-criminal-conduct-committed-by-school-board-member/” – #2021–11–09 The Greenburg files: Is there a file on you? “https://www.yourvalley.net/stories/the-greenburg-files-is-there-a-file-on-you,270628” – #2021–06–07 After sharing racially charged texts about West Roxbury families in October, a Boston school official has resigned “https://www.bostonglobe.com/2021/06/07/metro/boston-appears-have-illegally-withheld-inappropriate-texts-after-career-ending-school-committee-meeting/”](