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State Sen. Jane Cunningham, a Republican from St. Louis, sponsored the law and argued that she only wanted to limit "hidden communications" between teachers and students that could not be monitored by third parties, such as parents or school administrators.
But last month the law was blocked by a circuit court, also known as a state court, for being too broad in its restrictions. A judge said the restrictions “would have a chilling effect” on free speech rights.
The state Senate then revised the bill to demand individual school districts come up with policies to “prevent improper communications” between school employees and students.
No instant messages from teachers to students
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The Amy Hestir Student Protection Act allows for email and text communication between students and teachers, but a third party such as a parent or guardian has to be copied in the message. |
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The law, called the Amy Hestir Student Protection Act after a girl who was sexually abused by her junior high school teacher, states that teachers may not contact their students through electronic communications, such as instant messages or Facebook posts that cannot be seen by others.
“Teachers and students can still email and text each other as long as someone is copied,” Cunningham said.
Among other restrictions, the law would prevent teachers from creating or maintaining websites that are not available to school administrators and the child’s legal guardians.
Teachers argue communication is important
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Teachers said social media played an important role in locating students after a tornado struck Joplin, Mo. |
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Unhappy with the vagueness of the law, the Missouri State Teachers Association filed suit.
Teachers said the vast majority of their private contacts with students over the Internet are education-related and can be helpful, especially for shy students.
Teachers also argued that social media is a new way to engage student and increases classroom communication. Social media proved to be useful in emergency situations, as well. Teachers in Joplin, Mo., used Facebook to locate students after a tornado destroyed several schools on May 22.
Teachers also said students are more willing to bring up issues and speak out via private email messages. One case involved a teacher and coach in rural Missouri whose player texted him when he was considering suicide. The coach invited the student to his home to talk and was able to get him help, said MSTA spokesman Todd Fuller to the Associated Press.
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