KASB latest in education establishment to issue guidance conflicting with cellphone ban

(The Sentinel) — The Kansas Association of School Boards (KASB) issued a policy directive to local school districts that appears to conflict with legal provisions of the new state law on student cell phone use and on social media contact by local district staff members.

This comes after the Unified School Administrators of Kansas suggested a lax interpretation of the cell phone ban in a video presentation earlier this year, and the Kansas State Board of Education last week avoided sending its own directives to local districts three months after Governor Laura Kelly signed the measure into law. The new KASB policy memo to local districts on its social media guidelines suggests that the organization does not favor a strict interpretation of the new law, either.

On social media contact by district employees with students, the new law reads:

New Sec. 3. (a) Each board of education of a school district and governing authority of an accredited nonpublic elementary or secondary school shall adopt policies and procedures to prohibit each employee of the school district or accredited nonpublic elementary or secondary school from: (1) Privately or directly communicating with any student through social media platforms except as otherwise provided in subsection (b); And (2) requiring the use of social media for any assignment or extracurricular activity.

(b) The board of education of a school district or governing authority of an accredited nonpublic elementary or secondary school may approve a social media platform to be used for official school purposes.

But, in the KASB memo to districts directing their social media policy, the first sentence of the final paragraph appears to differ from the provisions of the new law:

While not in direct violation of applicable law or this policy, staff members are strongly discouraged from creating personal social media accounts with which they connect with current or future students. Employees taking such action do so at their own risk. All employees shall be subject to disciplinary action if their conduct relating to use of technology, social media, or online resources violates board policy or administrative procedures or directives; Kansas law regarding social media platform use by school employees; statutory or regulatory provisions governing employee conduct or the protection of student record information; or if it impairs the staff member’s job performance or effectiveness in the work setting. District staff shall endeavor to protect the health, safety, and emotional well-being of students and confidentiality of student record information both in the school setting and in their online actions. Conduct in violation of this policy, including, but not limited to, conduct relating to the use of technology, any social media, or online resources, may form the basis for disciplinary action up to and including termination from employment.

While the new law “prohibits” district employees from communicating with students through social media, KASB “strongly suggests” not doing so, although the activity “is not in direct violation of applicable law.

Fritz Edmunds says KASB policy conflicts with social media law — *Attorney Fritz Edmunds*

Attorney Fritz Edmunds, who runs a legal hotline for Kansas school board members through School Boards for Academic Excellence, says the KASB policy conflicts with state law:

“KASB states, ‘While not in direct violation of applicable law or this policy, staff members are strongly discouraged from creating personal social media accounts with which they connect with current or future students.’

However, the practice would be seen to directly violate Sec. 3 of the Senate substitute for House Bill 2299, enacted March 19, 2026. That bill requires:

(a) Each board of education of a school district and governing authority of an accredited nonpublic elementary or secondary school shall adopt policies and procedures to prohibit each employee of the school district or accredited nonpublic elementary or secondary school from:

(1) Privately or directly communicating with any student through social media platforms except as otherwise provided in subsection (b); and (2) requiring the use of social media for any assignment or extracurricular activity.

Subsection (b) of the bill provides the only exception, and it does not include private, direct, or two-way communications with any student:

“As defined by the bill, any typical social media would not be eligible for official school purposes:

“Official school purposes” means the broadcasting or posting of public, one-way communications that pertain to school functions, activities or events. “Official school purposes” does not include private communications, direct communications or two-way communications with any student.

“I would strongly warn against any interpretation that believes social media contact with students does not directly violate applicable law in Kansas.”

Kansas education groups and the State Board of Education have a habit of ignoring state laws they don’t like, including the at-risk spending requirements, having local school boards conduct building needs assessments, and having an accreditation system based on academic improvement.