Action and Reaction - A Continued Discussion of MO SB54

In the week since my last post on the issue of the new Missouri law dealing with a teacher’s freedom to use various forms of electronic communication (which I would encourage you to read if you have not) some very interesting discussions have taken place.  As teachers and administrators have an opportunity to read the text of the law many questions are forming - and some responses.  I would like to address two of those  here.

What’s Done is Done…

My friend and colleague Kyle Pace recently posted a wonderful (and very well-reasoned) post that addresses the issue from the perspective of “we now need to find a way to work within the law.”  Please take a few minutes and read his thoughts.

We, as educators, need to take proactive steps to work with our districts to create policies that are within the letter of the law - but still protect the important tools of teacher-student collaboration.  As I stated in my post last week, a careful reading of the law shows that many social-networking sites are exempt from this legislation due to the definition of “exclusive access.”

If you are concerned by this, whether you are a teacher, a student, a parent, or simply a concerned community member, I encourage you to talk to your local school district and express your concerns.  Volunteer to be on the team that writes your district’s policy.  If we only complain on our blogs and facebook pages, nothing will happen.  We must take positive, appropriate action.

About that Appropriate Bit…

The other issue I would like to discuss is a recent post from an administrator from St. Joe.  You can read his full post here, and you should - it is well informed and thoughtful.

In my final analysis last week I discussed my pain at the implication of this law - that all teachers are not to be trusted.  I was merely inferring from the tone of the law, honestly I didn’t have any specific evidence.  Unfortunately, that has all changed.  

In correspondence with a high school student, the office of Senator Cunningham (the GOP State Senator who sponsored this legislation) sent this reply to his request for information about the law:

Excerpt from email reply sent to Cameron Carlson by Senator Jane Cunningham’s legislative aide, Sandra Allen, on August 3^rd (was posted to the Facebook Page Students, Parents, and Teachers Against MO Senate Bill #54, Sec. 162.069):

“First things first – I need you to educate yourself to the magnitude of the sexual abuse of students by educators. It is of epidemic proportions both locally (Missouri) and nationally. Just a quick Google search brings up pages. Unfortunately, this heinous crime has gone grossly underreported because the school districts didn’t want to deal with it – now they have to or they will be held liable and culpable for the future abuses perpetrated by someone they just pass to the next district. Senator Cunningham recognized the need for these types of laws to protect innocent children from being taken advantage of by someone in authority.

Second, what I am hearing you say is that the 1st amendment gives educators, who by the way would be the only adults allowed, the right to any all unmonitored private conversations with minor children? If so, I find that extremely unnerving and a lot like the adult child pornography proponents. [emphasis added] 

No adult – teacher, doctor, police, judge, Senator, Legislative Assistant, mechanic, etc., etc., etc. has the constitutional right to private conversations with children under 18 without a legal guardian and/or parent present or that has not given written permission.

I also find it strange that it is the male educators who are the loudest critics – interesting don’t you think? The female educators recognize the need for these types of laws. The ones who have contacted Senator Cunningham have wanted to make sure they stay within the confines of the new law.

Sincerely,

Sandy” [source]

This is simply stunning.  I have read and re-read this message.  As a male teacher who has tried very hard to lead rational discussions on this topic I am personally hurt and offended by the implications of this communication.  To imply that, somehow, all male teachers are to be compared with CHILD PORNOGRAPHERS is not only inflammatory and stunningly offensive.  But to send this to a high school student adds another level of shock to this amazing situation.

So, Where Do We Go From Here?

Sadly, I fear that with the venom that is spewing from Senator Cunningham’s office and the confusion that is spreading in the media about this law, more and more districts will enact draconian bans on all use of electronic communication (unconfirmed reports of this occurring already are surfacing on news sites).  It is more important than ever that we are all involved in the process, no matter what your political stripes may be.  Our nation has seen to much division, to much hatred.  It is time we sit down and talk about this like adults and find ways to protect our children without attacking the very adults who want most to help them - our teachers.

The Greatest Tragedy - A Response to Missouri SB 54

In the roughly two weeks since the signing into law of Missouri SB 54 I have had many discussions with fellow teachers about the implications of this wide ranging legislation.  There are many things that most anyone can support - for instance requiring school districts to tell another district if there has been a substantiated claim of abuse.  However, there are many other elements of this legislation that are of great concern.  I will preface all of my comments with the obvious fact that I am not a lawyer but am basing my discussion on a common-sense reading of the text of the law.

The Assumption of Guilt...

My first area of concern is language in the law that states a school district may terminate an employee after an accusation is made - even if the investigation determines the accusation was unsubstantiated (section 162.068.2).  

“Nothing shall preclude a school district from otherwise lawfully terminating the employment of any employee about whom there has been a finding of unsubstantiated…”

Granted, the text uses the phrase “lawfully terminate” however the intent is clear: if a teacher is accused of wrongdoing they should be fired, even if there is no evidence against them.

Run the Check Again...

My second area of concern is of purely fiscal nature: the law requires annual background checks on all teachers (an idea I do not oppose).  However, background checks are expensive (ranging from $15 to $50 per person depending on the depth and contractor used) and school budgets are tighter now than ever.  With this provision seemingly applying to all employees (not just teachers, but all district staff) this cost will rise very quickly.  In a district of 1,000 employees this cost could easily exceed $20,000 per year.  Imagine how many new textbooks that could buy!

Don't Talk to Them Like That...

My third, and honestly biggest, area of concern is with section 162.069, dealing with teacher-student and employee-student communication.  The full text starts at the bottom of page 14 of the text found here (http://www.senate.mo.gov/11info/pdf-bill/tat/SB54.pdf).

There has been a lot of discussion on what exactly this section means for Missouri teachers.  Many are calling it the “Facebook Ban” or the “Social Networking Ban.”  Much has been made of the ban on communication with “former students.”  There are significant questions on what is meant by “exclusive access.”  While most people agree that the text of this law is vague at best, there are several conclusions we can reach by a careful examination of the text.

The first of these is that the law DOES NOT explicitly ban anything.  Instead, it requires all school districts to develop a written policy - a policy which must ban certain things.  Granted, this is the same result, but with a twist: individual school districts are allowed (and I would argue encouraged) to be more strict than the basic letter of the law.  Add this to the fact that the text is painfully vague about what is actually allowed and you have the perfect storm for districts to legally enact sweeping bans on the private communication of teachers.

The second conclusion we may reach is that while Facebook bans may be easily implied by this law, they most likely don’t actually fit with the wording (a mistake on the part of the bill author I would guess - as it is clear the intent is there).  A careful reading clearly states that only communication that is “exclusive” to the teacher and student is banned (the text states that this means the teacher has to give permission for the content to be viewed by a third party).  As I am sure we are all aware, Facebook archives EVERYTHING that happens (it would have to for the site to work properly) as we often teach our students - once it is on the internet other people can see it.  Additionally, in the Facebook Privacy Policy Point 6, it clearly states that Facebook will share any information on Facebook with the government/legal authorities (Anyone shocked at this?  I’m not).  It seems that Facebook isn’t very “exclusive” now is it.

Finally, on the “former student” issue.  The main concern here is a confusion on wording and a bad bill summary that has been making the rounds.  The text lays out the following standards for a “former student”:

“Any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated.”

This is in contrast with one of the bill summaries that used the standard of 20 years old.  Again, the concern here is the local implementation of the law - if districts actually say “don’t have private, off-the-record conversations with the kids in your class (or could be in your class)” then so be it.  However, if like I mentioned earlier, districts over-react and say “DON’T TALK TO ANYONE EVER ABOUT ANYTHING!” then we have a different issue.

I agree strongly with the sentiment of several colleagues that Facebook contact with current students is actually preferable for several reasons:

1 - In situations like the Joplin Tornado it allowed the district to assist in rescue efforts when all other communication was down.

2 - Sometimes, we as teachers are the only adult a student feels they can trust.  I know colleagues who were able to keep a student from doing the unthinkable because they had a close relationship with a student.

3 - BECAUSE contact on Facebook is archived and available, it is a much SAFER way of communicating with students than, say a phone call, where nothing is archived.

At the end of the day…

Really, this isn’t an issue of what specific websites are now considered to be “bad” or what forms of communication our legislature wants to ban.  The main question is one of trust.  Yes, there are terrible people out there that want to do bad things.  That has always, and will always, be true.  With the 24-hour news cycle it is easier to see than ever; in all walks of life people betray our trust.

Religious leaders take advantage of their followers.

Political leaders take advantage of their power.

Trusted adults take advantage of their influence.

No law can stop it.  At best, laws can frame our response to the situation and help us prevent the next atrocity.  Unfortunately, this law frames the discussion in one simple way:

“Teachers are not to be trusted.  Watch them, question them, doubt them.”

That, my friends, is the greatest tragedy of all.

An Educator's Response to Budget Cuts

I have spent the past week trying to wrap my head around an event I had be assured would never come to pass: the failure of a school-funding levy in my district.  While many, many school districts face the reality of budget cuts each year the Lee's Summit community had, until a week ago, been known for always supporting the funding needs of the district.  Now, my colleagues and I are looking at the list of programs drawbacks that are becoming a reality in the face of over $6 million in cuts.

I would not be honest if I said this didn't upset me.  My initial reaction was one of both anger and sadness.  I know these feelings are not gone, and will re-surface my students are impacted over the next few years.  However, I have realized that this is not helpful.

As initially satisfying it may be, anger will not fix this problem.  Being upset and angry will only cause separation between teachers, students, administrators, and parents.  This can only make finding workable solutions harder.  Now, more than ever, we need to work together to care for our children.

If we (and by this I mean everyone in education, because we are all facing the same demons, just in different suits) are going to overcome this and truly transform our schools we must rise above the petty fights.  We cannot pitt teacher against business leader, student against principal, parent against board member.  We must take a stand and say "Our Children Are Worth It."

If our communities are unable to provide the resources the schools need, then we as INDIVIDUALS must step up and do what we can.  For some, that may mean an extra donation to your favorite activity.  It could mean some extra volunteer hours.  For others, it may be the extra effort to make it to that play, concert, or art show you were always meaning to attend but never found the time.

I challenge you to find a way THIS WEEK to help a local school.  Not sure what to do?  Call and ask - it will make the principal's day!

Re-valuing my time (and yours too)

Today I had an experience that was not unusual.  Right after school I had a crowd of students in my classroom wanting to discuss any of a dozen items.  Some of my varsity debaters wanted to chat about a new strategy they have been working on and get my feedback.  A handful of novice debaters wanted a chance to get some practice in before their first tournament.  I even had one of my English students wanting help on an assignment (well, that part was a bit unusual...).  Unfortunately, I had to tell all of them "Sorry, I can't help you today.  I have a meeting."

At my school, and if you are a teacher most likely yours as well, our faculty handbook states that regularly scheduled meetings take precedence over any other activity.  I do understand, we have the dates from the first day of faculty work days on.  There are many things that, as a faculty, we need to do.  Meetings are important.

Another normal element of my day at school today was email.  From when I arrived this morning until I left at close to 5pm I received close to 100 email messages.  This is not unusual for me, or most likely anyone in the education profession, and to be honest today was a slow day on the cute cat picture front.

When Normalcy Sucks

If you read my previous post, you know I love my job.  However, lately I have come to the conclusion that there is something broken in the system.  Well, there are probably several dozen somethings, but there is one in particular that I want to address: the de-valuing of my time (and yours too).

As education workers, our time is increasingly under attack.  While that may seem to be a very direct and dramatic image, I think it is perfectly appropriate.  Decreasing budgets, increasing class sizes, and fewer faculty means we all have more to do and less time to do it.  Add on to this formula the increasing expectations from parents and students, not to mention the government, and you have a recipe for one thing: teacher burn-out.

So, what do we do when normalcy sucks?  Change what normal looks like.

The great thing about being in education is that we have the power to change how we interact with each other and re-focus on valuing each others time.

So, today I am launching a new personal project, and being the good debate coach I am, I am starting with research!  I want to help re-value my time (and yours too), and to do that I need some data.  If you think your time is being de-valued, please consider spending a little of it helping to reverse the trend.  I have a short survey that will help the next stage of this project, but without YOUR response I can't move on.  Please consider answering a few short questions.

Complete the Re-Valuing Our Time in Education Survey

Thanks!

ps - If you are interested in learning more about Re-Valuing Time & Attention in Creative Work (beyond education), check out the awesome work of Merlin Mann.  The core idea for this project came from his talks!

Update on Monday, December 27, 2010 at 10:34PM by Chris Miller

I wanted to share a quick update on the project - I am getting some final feedback on the survey and will be shutting that portion of the project down here in the next week or so.  Following that I will be looking at the data and using that to guide the next stage.  Thank you so much to everyone so far that has shared their input, it is quite helpful!

Thoughts on Greatness

This past weekend I had the joy of attending EdCampKC and meeting some amazing teachers from across the nation and talking about some interesting things.  One of the questions that was asked by Jon Orech was "Why do you have the greatest job in the world?"

My Thoughts

This really got me thinking, because I do believe I have the greatest job in the world (granted, I think most teachers would say the same).  What does it mean to have a great job?

To have a great job means that, first and foremost, I look forward to getting up each morning and going to work.  Most days, once I convince myself to roll out of bed, I am excited about my day before I even leave the driveway.  Why on earth would I look forward to getting to school at 6:50am, working with teenagers all day, and not making it home until 5 or 6pm (on a good day)?  The reason is quite simple - my kids.  Sure, they can be distracted (even on the best of days).  Sure, they can try my patience.  Sure, there is always another crisis to deal with.  But there is also amazing excitement.

Do you remember the joy of learning something new for the first time?  How about the feeling you get when someone tells you "well done" or "good job"?  I look forward to the moments when my students "get it" for the first time, or achieve a goal they never quite thought they would reach.  The thing is, it happens more often than you would think.  Most people I talk to who aren't in education think that my day must be filled with frustration and failure.  Sure, there are days when things don't go well, but more often than not I get to see my students make great strides.

Another reason I have a great job is the simple joy of sharing.  There are few things as great as having a student come into your classroom and say "Mr. Miller, I have to share this with you!"  Whether it is an interesting news story one of my debaters has found, an award they won over the weekend, or (my favorite) a cookie they made in foods class, having my students share their lives with me is an honor.

Finally, I have the greatest job in the world because I know I make a difference.  While this is a very overly-dramatic sounding pronouncement, I believe it 100%.  Do I transform the lives of every student I see every day?  Probably not.  Will I make an impact on many of my students throughout the year?  Yes - even though I may not ever know or see it.  I firmly believe that by helping my students find their voice I am helping them become better people.  How much greater of a job could there be?

Some Other Thoughts

Below is a video made by Jon from the many answers to his question; you might even see me on there.  Thanks to him and everyone that made EdCampKC 2010 a reality!

"Best Job" from Jon Orech on Vimeo.