'Kind of perplexing': Confusion over staff-student communication bill

OKLAHOMA CITY, Okla. (KOKH) — Is a law meant to protect students from potential predators having unintended consequences?

On Friday, the lawmaker behind the policy said family communications are being impacted—even though that's not what she intended.

House Bill 3958, which took effect Jul. 1, requires public school district staff and students to communicate over approved platforms that include parents.

However, State Rep. Sherrie Conley (R-Newcastle) told FOX 25 that she's received reports of familial communications being included in the legislation's enforcement.

For example, personal communication between a grandmother who's a teacher and her grandchild who's a district student is being included in the scope of the policy, according to the lawmaker.

Rep. Conley asserted the law was meant to help prevent inappropriate staff-student communication and was not intended to intrude on familial communication.

In her view, monitoring electronic and digital communications—and looping in parents—can help prevent dangerous situations.

"It's kind of perplexing now that we're bringing the family dynamics and... those private family relationships into something that is intended to be only within the scope of academics and the scope of employment," Rep. Conley noted.

She said possible solutions for districts to explore include waivers to allow family members to communicate outside of approved platforms.

Rep. Conley shared that she's already contacted the Oklahoma State Department of Education and the Oklahoma District Attorneys Council to find a solution and plans on involving the state attorney general's office.

"I want everyone to know that this is not something that I am ignoring. It is something that is very concerning to me," she added.

When asked if she thinks lawmakers need to modify the law to allow for a familial communication exception, Rep. Conley urged policymakers to approach any such changes cautiously.

She explained, "The people who want to do harm to children, they're going to look for those loopholes and they're going to do everything they can to find them and take advantage of them."

FOX 25 obtained the guidance OSDE sent to districts on implementing the law, which stipulates, "If school faculty members have a familial relationship with the student but are not the parent/guardian, communication MUST include a parent/guardian."

A department spokesman said adding an exception to its guidance would require an amendment to the law.

The district attorneys council declined to comment on the situation.

The attorney general's office was unable to immediately answer FOX 25's questions on the issue.

However, Rep. Conley will be holding an interim study on Oct. 1 during which she intends to look into these questions more closely and hopefully find a solution.