School Board Cybertraps 102

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

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 about parents during public meeting
NJ – Anti-Muslim Facebook posts
TX – Alleged “doxxing” of parents
VT – Sharing of sexist and racist memes
WA – Transphobic comments by board member
Ethics Quote from Stephen M.R. Covey’s Speed of Trust
The problem in organizations, however, is that many “ethics” solutions focus on compliance. The compliance definition of “ethics” is not one of integrity or integratedness; it is a watered-down, devalued definition that essentially means “follow the rules.” Ethics training, therefore, is often focused exclusively on conformity to Sarbanes-Oxley and other regulatory and rules-based legislation—and not on clarifying values and fostering integrity to those values and to enduring principles. As a result, companies have huge, complex policy manuals. In addition, people can be duplicitous or even brutal in how they treat others, but unless they’re caught fudging on an expense account or violating some other measurable rule, as long as they’re getting results, most companies typically won’t do anything about it.
The SPEED of Trust: The One Thing that Changes Everything (p. 63). Free Press. Kindle Edition.
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/”
– #2021–02–19 Entire California school board out after disparaging parents on accidental Zoom broadcast
“https://www.nbcnews.com/news/us-news/california-school-board-members-caught-disparaging-parents-accidental-zoom-broadcast-n1258351”
– #2016–11–11 Burlington School Board Rips Member’s Racist, Sexist Posts
“https://www.wamc.org/new-england-news/2016–11–11/burlington-school-board-rips-members-racist-sexist-posts”
– #2010–09–20 Utah Board member censured for making disparaging remarks toward an employee
“https://www.deseret.com/2011/9/21/20387657/member-of-canyons-school-district-board-of-education-member-issued-censure-by-fellow-board-members](<Show Notes

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 about parents during public meeting
NJ – Anti-Muslim Facebook posts
TX – Alleged “doxxing” of parents
VT – Sharing of sexist and racist memes
WA – Transphobic comments by board member
Ethics Quote from Stephen M.R. Covey’s Speed of Trust
The problem in organizations, however, is that many “ethics” solutions focus on compliance. The compliance definition of “ethics” is not one of integrity or integratedness; it is a watered-down, devalued definition that essentially means “follow the rules.” Ethics training, therefore, is often focused exclusively on conformity to Sarbanes-Oxley and other regulatory and rules-based legislation—and not on clarifying values and fostering integrity to those values and to enduring principles. As a result, companies have huge, complex policy manuals. In addition, people can be duplicitous or even brutal in how they treat others, but unless they’re caught fudging on an expense account or violating some other measurable rule, as long as they’re getting results, most companies typically won’t do anything about it.
The SPEED of Trust: The One Thing that Changes Everything (p. 63). Free Press. Kindle Edition.
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

Cybertraps

Frederick S. Lane - Author, Attorney, Speaker, and Expert Witness

School Board Cybertraps 102

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