C. Each LEA shall develop, adopt, and
implement policies, procedures and practices applicable to school employees
relative to electronic communications by an employee at a school to a student
enrolled at that school.
1. The policies,
procedures, and practices shall:
a. define
electronic communication and recognize the multiple means available for making
such a communication, including specified forms of both direct communication
and indirect communication;
b.
require that all electronic communication by an employee to a student relative
to the educational services provided use a means of communication provided by
the LEA;
c. prohibit the use of the
means of provided by the LEA to electronically communicate with a student that
is not related to the education services provided, except communication with an
immediate family member if such communication is specifically authorized by the
LEA;
d. specify that the occurrence
of any electronic communication made by an employee to a student, or vice
versa, using a means other than one provided by the LEA shall be reported by
the employee:
i. provides that records of any
such reported communication be maintained by the LEA for one year;
e. specify that it is a duty of
LEA employees to comply with the policies and provide that a failure to comply
may result in disciplinary action and may constitute willful neglect of
duty;
f. establish and provide for
the imposition of consequences for a violation of the policies, including but
not limited to termination of employment;
g. provide a means for the timely reporting
and investigation of an alleged failure to comply with policies and for
concluding such an investigation and resolving the allegation;
h. provide a means whereby any alleged
failure to comply with the policies that also may be a violation of state or
federal law is reported to the proper authorities;
i. provide a means to assure that all LEA
employees are informed fully of the policies, procedures, and practices, and
the possible consequences for a failure to comply;
j. provide a means to assure that a parent or
guardian is fully informed of the policies, procedures, and
practices;
k. provide a means for a
parent or guardian to request that the child not be contacted through
electronic communication by any school employee unless the purpose of such
communication is directly related to the child's educational services and is
sent and received by more than one student at the school; and
l. authorize a school principal or designee
to permit an employee to contact one or more specifically identified students
and be contacted by such students using a means other than one provided by the
school provided the employee has requested and received permission from the
principal or designee to do so and has provided documentation in writing to the
principal or designee the purpose for such contact.
i
. Such purposes may include, but need not be limited to:
(a). necessary communications relative to
extracurricular activities;
(b).
student athletic activities;
(c).
community-based youth activities; and
(d). faith-based activities.
2. No school
board or board member shall be civilly liable for any electronic communication
that is prohibited by law.
