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Personal Device and Personal Accounts

 

We have received some recent guidance regarding personal cell phone use from Matt Carver, Legal Council for School Administrators of Iowa that we felt would be beneficial to pass along to you. LINK TO ARTICLE (NOTE ARTICLE IS ON PAGE 4). Please know that although this article is directed toward school administrators, it applies to ALL school employees. 

One key point that I want to reiterate is this paragraph below: 

"Does this mean that all communications between school employees or representatives are subject to public records requests? NO. Again, consider if the communication is about official business. If the communication does not relate to the employee or board member carrying out their official duties or making a decision about the school district, a student, or another employee, then it is unlikely the communication is subject to a request. Remember that public employees have constitutionally protected rights to speak on matters of public concern in their personal lives. As an example, if a couple of employees are bantering back and forth on Messenger about an upcoming bond referendum, they may do so without concern that such messages would be subject to a public records request."


Now, one important item to consider, if you are talking about official school business with another staff member via text message or other platform, this could be subject to a public records request. Example, you are texting with a paraprofessional about a student and their behavior in class... the text messages COULD be subject to a public records request. That doesn't mean that just anyone can view your text messages, however it does mean that a parent or other representative COULD request that information via a public records request. 


Another important item to consider.. Communication and other things done on your school provided email or school provided device (including text messages linked to your Messaging app on the teacher MacBooks) ARE public record, so please be advised that those tools are provided for school business and basic personal usage, however, the right of confidentiality should not be assumed. 

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