ACLU: Williamson schools' social media policy goes too far

FRANKLIN Williamson County Schools' policy governing what students say on social media and examinations of their electronic devices drew a stiff pushback Monday from the American Civil Liberties Union of Tennessee and the Electronic Frontier Foundation.

In a letter to Director of Schools Mike Looney, the groups say students' First and Fourth Amendment rights are compromised because of the district's "Acceptable Use, Media Release and Internet Safety" guidelines. Those rules are part of the "Bring Your Own Technology" program, requiring students and parents to sign a contract promising to abide by the district's rules.

As part of the contract, students are not permitted to post photographs of other students or WCS employees without permission from a teacher or administrator. Further, the district maintains it may inspect any student device at any time for the purpose of enforcing the contract and investigating student discipline issues.

But the ACLU and the San Francisco-based digital nonprofit EFF say the district's regulations go too far. They want the district to suspend its policy.

"The policy demonstrates a fundamental misunderstanding of the constitutional rights of WCS students," the groups write. "Requiring students to sign an agreement waiving constitutional protections in order to participate in fundamental school activities is not permissible."

Metro Nashville Public Schools has a "cellphone/personal technology policy." The policy allows the district to confiscate phones for some offenses: disrupting class, using it for communication that has inappropriate material or using it to cheat, for example. However, nothing in this policy mentions anything about general photographs of other students.

If a phone is confiscated, the policy states it cannot be searched by the school, "unless the building administrator has individualized suspicion, consent or waiver by the owner of the device, or extenuating circumstances that pose a grave security threat."

Wilson County Schools' policy for wireless communication and electronic devices addresses only students using devices at times designated by teachers with permission.

The district's code of conduct doesn't specifically address posting photographs or allowing the district to inspect a student's phone or electronic device. It does allow the district to confiscate the device for periods of time if not properly used by the student.

Wilson County Schools also reserves the right to inspect if the device is used inappropriately while at school, Director Donna Wright said.

"Sometimes policies are lacking in scope because they might have been written at a time when we could not have possibly anticipated the capabilities of technology," Wright said.

The issue in Williamson County came to light after parent Daniel Pomerantz alerted the groups. Pomerantz initially refused to sign the contract because of his concerns, and his daughter was not allowed to participate in classroom activities using school computers. The groups say Pomerantz ultimately signed the contract.

Pomerantz could not be reached for comment.

Looney issued a statement saying Williamson County Schools attorneys are reviewing the request to suspend the district's policy.

"The district remains committed to protecting the constitutional rights of our students while maintaining a safe and secure learning environment for them," Looney said in a statement.

The groups want Williamson County board members to discuss their letter at the school system's next policy committee meeting Nov. 3.

Andy Humbles and Dave Boucher contributed to this report. Reach Kevin Walters at 615-771-5472 and on Twitter @thekevinwalters.