As the school year continues to march forward, sometimes it becomes tempting to want to rage reply to a coach who continues to bother you about the booster club tailgate loosen up email practices. We figured now is as good a time as ever to highlight a few basic email reminders that we have seen creeping up as issues for some. While this may seem like a strange topic for lawyers to blog about, we have been in too many cases where well-intended board members, administrators, teachers, and other employees would really like a do-over on communications they sent.
Double Check the Recipients and Attachments
Accidentally hitting “Reply All” or attaching the wrong document is more common than you think and can lead to real FERPA or confidentiality headaches, open meetings issues, and more. Double-check those attachments and give your “To,” “CC,” and “BCC” the once-over.
Emails Have a Long Shelf Life
Emails sent from school district and service agency or cooperative accounts (and sometimes even personal accounts if used for school business) can be subject to public records requests, discovery, state complaint documentation submission requirements, or internal review. Writing with that in mind helps you stay compliant and protects both you and your district or service agency/cooperative. Always write an email with the thought that it might be read by the Department of Education, an external investigator, and a hearing officer.
Once You Hit Send, It Is Out of Your Control
Sometimes emails can take on a life of their own. Once we send something, the recipient has the power to forward and disseminate (even if they shouldn’t) as they see fit. Start from the premise that every email you write could be forwarded, and ask yourself, “Would I be comfortable with this being shared at a board meeting, news outlets, or on Facebook?” If the topic is especially frustrating or contentious, a good practice is to draft the email, but then hold off on sending right away. Get a cup of coffee, walk around the building, and then come back and revisit what you drafted. It’s never a good idea to fire off a quick response in the so-called “heat of the moment.” Give yourself a chance to reflect on whether your email is professional and educationally appropriate before you hit “send.” This is especially true when dealing with difficult situations where you may be close to implementing a “communication diet” or even a ban-and-bar letter. Looking reasonable in all communications up to that point is helpful.
These may seem obvious, but trust us, we get that it’s easy to let the hecticness of all the other aspects of your job push some of these considerations to the side. With that being said, feel free to send your most ready to be forwarded to the world questions to ksb@ksbschoollaw.com.
Just a quick note: unless your district is already a KSB client, reaching out doesn’t create an attorney-client relationship, and you’ll want to skip any confidential or privileged details in your first message. Once you’re a client however, venting to your attorney (and only your attorney) in an email is the only safe space to vent.