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Introducing LEGAL ONE On-the-Run / Staff & Student Social Media Based Scenario Analysis

August 31, 2026

Law, Ethics and Governance for All Leaders, including an Overview of New and Emerging Issues

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Presenters

David Nash, Esq., Director of Legal Education of National Outreach, LEGAL ONE/NJPSA/FEA
Sandra L. Jacques, Esq., LL.M., Assistant Director of Legal Education, LEGAL ONE/NJPSA/FEA
Ameena Terrell, Coordinator of Strategic Planning and Operations for LEGAL Education, LEGAL ONE

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DISCLAIMER

This presentation is intended as a summary of law only and is not meant as legal advice. Please consult your attorney to obtain legal advice.

Participants are authorized to use the LEGAL ONE materials provided in this training to offer turnkey training within the respective participant's school district or place of employment, provided that participants provide proper credit to LEGAL ONE for having developed said materials and further provided that such turnkey training is offered at no charge.

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Presentation Materials

Today’s document(s) can be accessed at

https://njpsa.org/legal-one-on-the-run-loor-njsig/

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Eligible NJSIG Sub-Funds

CAIP: Cape May Atlantic Insurance Pool
BACCEIC: Burlington & Camden County Educators Insurance Consortium
ERIC North: Educational Risk & Insurance Consortium — North
ERIC South: Educational Risk & Insurance Consortium — South
MOCSSIF: Monmouth Ocean County Shared Services Insurance Fund
NJEIF: North Jersey Educational Insurance Fund

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Overview

Watch a brief introduction to LOOR here: https://youtu.be/X9HXPtgE-xE or at https://njpsa.org/legal-one-on-the-run-loor-njsig/

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What Makes �On-the-Run Unique?

LEGAL ONE produced content – leading experts in school law
Recognition of Time Constraints
Flexibility in Use
Empowers Your School Leaders
Accountability for Each Participant
Ability to earn LEGAL ONE Certificates towards ongoing PD/school law training requirements
Everything in One Easy-to-Use Package!

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Companion Guide/�Value Added Resources

Key takeaways from each video
Discussion questions to lead group discussions
Suggested action plans and timelines for leading group discussions
Suggested action plans and timelines for working with an individual employee
Optional assessments
Moving Forward – Strengthening policies, protocols, practices
Additional free LEGAL ONE resources related to each topic – LEGAL ONE articles and LEGAL ONE Podcast episode

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Our Roll Out Plan

August 31 - Introducing LEGAL ONE On-the-Run
September 21 - Reporting Obligations for Staff Members (Suicide Prevention Month)
October 19 - Identifying and Reporting Suspected Harassment, Intimidation and Bullying (Global Diversity Awareness Month and Week of Respect)
November 23 - Following Chain of Command (Military Family Month)
December 21 - Inappropriate Staff Comments (National Human Rights Month)
March 15 - Sexual Harassment Explained/Sexual Harassment Scenario Analysis (Women's History Month)
April 19 - Staff First Amendment Rights (Earth Day/Month)
May 17 - Healthy Workplace Environment Policy (Asian American and Pacific Islander Heritage Month and Jewish American Heritage Month)

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Companion Guide/�Resources

Key takeaways from each video
Discussion questions to lead group discussions
Suggested action plans and timelines for leading group discussions
Suggested action plans and timelines for working with an individual employee
Optional assessments
Moving Forward – Strengthening policies, protocols, practices
Additional free LEGAL ONE resources related to each topic – LEGAL ONE articles and LEGAL ONE Podcast episode

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SOCIAL MEDIA-BASED SCENARIOS FOR SCHOOL STAFF AND STUDENTS

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Social Media-Based Scenarios for School Staff and Students

Today’s LOOR can be viewed directly at https://drive.google.com/file/d/1jfQF0ETD-L-BzRoUk8OtzjQ87qGZ9VqE/preview or on the Companion Guide page, https://njpsa.org/legal-one-on-the-run-loor-staff-student-social-media-scenarios.

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Key Takeaways

Group Discussion

What are your key takeaways from this video?
How could a school leader use this video to lead a staff discussion?
What specific knowledge will staff members have after viewing this video?
How could this video be used to work with an individual staff member?
How could this be a starting point for assessing current policies, protocols and practices?
For doing a deeper dive into the topics raised?

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Key Takeaways

The U.S. Supreme Court cases of Pickering (for staff) and Tinker (for students) have established the criteria to evaluate whether someone in relation to a school has a Free-Speech right to say and or do certain things.
Although students have more free-speech rights than School District staff do, there are still limitations on student speech both on and off of school grounds.
A person’s comments/actions do NOT need to be intentionally stated/done in order to potentially be deemed a violation of the School District’s policies – the intent of a person’s actions is only relevant when it comes to discipline for the incident.

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Key Takeaways

If whatever is said or done causes a “substantial disruption” for the school or a person in the school, the School District has a legal obligation to get involved and to potentially discipline for those actions.
School Issued Technology Items (laptops, IPADs/Chromebooks, cell phones, etc.) and the School Internet Server are the property of the School District. Staff/students have no expectation of privacy when utilizing District devices and/or the Internet Server. The District has the ability to confiscate these items at any time, and to view any activity for which they were used by students/staff.

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Discussion Questions

Describe your thoughts regarding the free-speech rights and limitations for both students and staff utilizing Social Media both on and off of school grounds? Do you think the limitations are fair for staff? For students?
Do you agree or disagree with the Arbitrator’s finding that the teacher in the first scenario can be disciplined for her comments posted on her personal, private social media platform (Facebook), off school grounds and on her own time at home?

Assuming that you believe the teacher’s explanation that she didn’t intend her comments to be offensive, should that affect whether or not her on-line comments/actions were deemed to have caused a substantial disruption for her School District?

Why or why not?

Were you surprised that a tenured teacher with a previously unblemished record could be terminated for something that they posted on their personal, private social media platform, off school grounds?

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Discussion Questions

Discuss how School District staff that post comments on any personal, private social media platform could potentially cause a substantial disruption for students and/or the School District.
Discuss your thoughts about the case where the students texting each other ultimately became a confirmed HIB against the Freshman.

Prior to the Freshman texting his antisemitic comments, how would you describe the exchange of emails between the two students?

Mutual teasing/trash talk and/or joking around? Does there appear to be evidence of a student conflict prior to the antisemitic comments by the Freshman?
Does there appear to be a potential HIB situation prior to the antisemitic texts by the Freshman while off of school grounds?
Is there a difference as to how you would assess the text exchange that occurred during the school day (on school grounds) vs. the text exchange off school grounds later in the day? Why or why not?
Does it matter that each of the students were using their personal cell phones both on and off school grounds?
Do you agree that the Freshman’s actions were properly deemed a HIB for the antisemitic comments made to the other student? Why or why not?

Discuss examples of problems that can occur when someone says/does something that causes a substantial disruption for another person and/or the School District due to something that was posted on any Social Media platform and/or texts or emails, by a staff member. Student examples?

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Knowledge Check

Sample Question

For both staff and students, the loss of a First Amendment free-speech defense occurs if their actions or comments are deemed to cause what?�

A. Unprofessional conduct
B. Complaints from parents or community members
C. A substantial disruption for the school or a person in the school
D. Off-school-grounds conduct�

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Additional Resources

Podcast Episodes

Article

Understanding Political Speech for School Staff: Key Legal Considerations, Risks, and Best Practices �

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Moving Forward

Ensure that all School District policies regarding freedom of speech rights and limitations both on and off of school grounds, particularly regarding comments/actions appearing on social media platforms are clearly explained and communicated to all staff/students.

Provide professional development annually to all School District staff to ensure understanding of their rights and limitations regarding staff free speech issues.
Ensure that staff hired throughout the school year are also trained regarding their free speech rights and limitations.
Help staff to distinguish between their roles as private citizens and as School District employees.

Help students and staff to understand that words/actions have consequences, even if there was no intent to cause harm, including anything posted on a social media platform.
Help students and staff understand that anything that they say/do, whether on or off School Grounds, can potentially cause a Substantial Disruption, which may then lead to disciplinary action against them. There are limits to their respective 1^st Amendment freedom of speech rights.
Create “real-world situation” scenarios specific to students and staff, involving social media posts, texts, emails, and any other technological “communication methods”, such as those discussed in this recording, to help everyone understand what is or is not allowed regarding free speech, under the School District’s Code of Conduct.

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Leveraging these Resources

If LEGAL ONE On-the-Run “sits on a shelf” it helps no one
While we are highlighting specific videos each month, you have immediate access to 9 LEGAL ONE On-the-Run videos and companion guides
Build a plan with your administrative team to leverage the use of these resources in a way that makes sense for your district

e.g., raising overall staff awareness, addressing policies/protocols/practices, working with specific staff members, etc.

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For More Information

https://njpsa.org/legal-one-on-the-run-loor-njsig/

To Register for upcoming Sessions use link or QR code
To receive LEGAL ONE certificates for individual school staff and for other questions contact LEGAL ONE at legalone@njpsa.org

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QUESTIONS???

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Conclusion

Thank you for choosing professional development with LEGAL ONE!

Visit our website for more courses that can support your work at http://www.njpsa.org/legalonenj/

Participants are authorized to use the LEGAL ONE materials provided in this training to offer turnkey training within the respective participant's school district or place of employment, provided that participants provide proper credit to LEGAL ONE for having developed said materials and further provided that such turnkey training is offered at no charge.

If you have any questions about this presentation or suggestions for future seminars, please send an email to legalone@njpsa.org

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As the leading provider of school law training, the LEGAL ONE team of school law experts is pleased to offer the LEGAL ONE Podcast to help you understand complex legal issues through approximately 30-minute episodes

Available in Apple Podcasts and Spotify

About the LEGAL ONE PODCAST

LISTEN NOW

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Certificate & Evaluation

Today’s professional development certificate is available to save/download at the end of a brief evaluation.

https://www.surveymonkey.com/r/LO-LOOR-260831

Please take a few minutes to let us know what you thought of the session!