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Board debates social-media rules for employees; requests legal brief and history before deciding
Summary
The board discussed proposed additions to employee-conduct policy (6.83) that would address social media use and private messaging of students, but members and legal counsel urged a nuanced, case-by-case approach and asked staff for a historical legal briefing and a possible workshop.
The Duval County School Board reviewed proposed language tightening employee-conduct policy around social media, including a prohibition on private messages with students and guidance that employees' personal posts should not be presented as district positions.
Staff described additions to policy 6.83 to reflect earlier changes and to prohibit private social-media messaging between employees and students and to require that personal posts not be framed as district statements. General counsel warned the board that enforcement would be legally nuanced and fact-specific, and several members asked for a legal history and examples before approving any broadly worded restriction.
"I don't see there's a problem with this on its face. It's just that we will have to be very careful going forward on how we go," the General Counsel said during the discussion, urging case-by-case analysis and highlighting First Amendment pitfalls and prior litigation the district has faced.
Board members raised two recurring concerns: (1) the need to focus enforcement on posts or conduct that threaten or intend to harm students or employees, rather than on expression of viewpoints; and (2) the practical limits of policing employees' personal social-media accounts. Several board members requested a workshop or briefing on past board cases, applicable court rulings, and best practices so the board can craft objective language that targets demonstrable harm to students and preserves employee rights where possible.
Outcome and next steps: staff and general counsel were asked to prepare a legal briefing summarizing prior administrative cases and court decisions that have shaped the district's ability to discipline employees for off-duty speech, and to propose draft policy language that emphasizes conduct that "intends to do harm" or otherwise affects effectiveness in the workplace. The board signaled it will revisit the policy after receiving that background material.
Why this matters: employee social-media rules touch on free-speech rights, workplace effectiveness and student safety. Board members want rules that are enforceable and objective to reduce litigation risk while protecting students.
