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Policy committee tables social media policy for attorney review, schedules return in September
Summary
Committee members raised First Amendment and subjectivity concerns about a proposed social media policy (5-99). With informal consensus to have attorneys propose revisions, the committee voted to table the item until Sept. 2, 2025 so staff and counsel can address First Amendment issues.
The Faribault Public School District policy committee on May 6 discussed a proposed new social media policy numbered 5-99 and decided to delay action so attorneys can address potential First Amendment concerns.
District staff presented a draft policy adapted from other Minnesota districts. The committee’s outside counsel had reviewed the draft and advised that the attached social media policy “would need to be revised to avoid potential First Amendment concerns.” Committee members and staff discussed whether parts of the draft could be handled in procedures rather than policy and questioned broad, subjective phrasing such as references to “disharmony in the workplace.”
Why it matters: Social media policies intersect with free-speech law for employees and with expectations for professional conduct. The committee sought attorney guidance to reduce legal risk before forwarding any policy to the board.
Discussion highlights: Mike Burden (district staff) explained the draft was adapted from other districts and outlined common elements intended to maintain professionalism and set expectations for staff conduct with school technology. Multiple committee members said they liked portions of the draft but were concerned that language about "disharmony" or broadly stated behavioral standards could be subjective and trigger First Amendment challenges. One committee member said some elements belonged in procedures rather than in board policy.
Action: By consensus the committee asked staff and the district’s attorneys to work on revisions. The committee then voted to table the social media policy until the committee’s September 2, 2025 meeting so counsel and staff could propose edits that lessen legal risk. The motion to table passed on a voice vote; the meeting record does not include a roll-call tally.
Next steps: Staff and attorneys will work together over the summer to propose revised language; the item is scheduled for the Sept. 2, 2025 policy committee meeting for further discussion and possible recommendation to the school board.
