CODE G11
(Mandatory)[1]
ACCEPTABLE USE OF ELECTRONIC RESOURCES & THE INTERNET
Purpose
The ____________________School District uses electronic resources including the
Internet to support and enrich the curriculum, to allow students to benefit
from access to electronic information resources and opportunities for
collaboration that are uniquely provided by certain electronic technologies,
and to enhance staff professional development.
This policy is
intended to ensure compliance with the requirements of applicable federal and
state laws that regulate the provision of access to the internet and other
electronic resources by school districts.
Definitions. As used in this
policy, the following terms shall be defined in accord with federal and, where
the context clearly allows, state law.
1) Child Pornography means any visual depiction, including any photograph, film,
video, picture, or computer or computer-generated image or picture, whether
made or produced by electronic, mechanical, or other means, of sexually
explicit conduct, where:
a. The production of such visual depiction involves the use of
a minor engaging in sexually explicit conduct;
b. Such visual depiction is a digital image, computer image, or
computer-generated image that is, or is indistinguishable from, that of a minor
engaging in sexually explicit conduct; or
c. Such visual depiction has been create, adapted, or modified
to appear that an identifiable minor is engaging in sexually explicit conduct.[2]
2) Harmful to
minors means any picture, image, graphic image
file or other visual depiction that:
a. Taken as a whole, with respect to minors, appeals to a
prurient interest in nudity, sex or excretion;
b. Depicts, describes or represents in a patently offensive say
with respect to what is suitable for minors, an actual or simulated sexual act
or sexual contact, actual or simulated normal or perverted sexual acts, or lewd
exhibition of the genitals; and
c. Taken as a whole lacks serious literary, artistic, political
or scientific value as to minors.[3]
3) Technology
protection measure means a specific technology that
blocks or filters Internet access to visual depictions that are obscene, child
pornography or harmful to minors.[4]
4) Minor means an individual who has not attained the age of 18.[5]
5) Computer means any hardware, software, or other technology attached
or connected to, installed in, or otherwise used in connection with a computer.[6]
6) Access to
Internet means a computer that is equipped with
a modem or is connected to a computer network that has access to the Internet.[7]
Policy
Access to District electronic resources including the
Internet will be available to students and staff who agree to abide by the
requirements of this policy. User
agreements, except as otherwise described in this policy, will be required
prior to allowing any individual unsupervised access to District electronic
resources.
The availability of access to electronic information does
not imply endorsement by the district of the content, nor does the district
guarantee the accuracy of information received.
The district shall not be responsible for any information that may be
lost, damaged or unavailable when using the network or for the content of any
information that is retrieved via the internet.
The use by students, staff or others of district electronic
resources is a privilege, not a right.
The district’s computer and network resources are the property of the
district. Users shall have no
expectation of privacy in anything they create, store, send, receive or display
on or over the district’s computers or network resources, including personal
files. The district reserves the right
to monitor, track, and log network access and use; monitor fileserver space
utilization by district users; or deny access to prevent unauthorized,
inappropriate or illegal activity and may revoke access privileges and/or
administer appropriate disciplinary action for misuse of its electronic
resources. The district shall cooperate
to the extent legally required with local, state and federal officials in any
investigation concerning or related to the misuse of the district’s Internet,
computers or network.
The district shall work to ensure Internet safety for minors
by taking steps that include monitoring the online activities of minors and the
operation of technology protection measures with respect to any of its
computers with Internet access tha protects against access through such
computers to visual depictions that are obscene, child pornography or harmful
to minors.[8]
The following materials, in addition to those stated in law
and defined in this policy, are inappropriate for access by minors:
·
Defamatory
·
Lewd, vulgar, or profane
·
Threatening
·
Harassing or discriminatory
·
Bullying
·
Terroristic
·
______________________(specify others)[9]
The district shall operate technology protection measures
during the use of any of its computers with Internet access, including those
computers not accessible to minors, that
protect against access through such computers to material inappropriate for
minors, including but not limited to, visual depictions that are obscene or
child pornography.[10]
Administrative
Responsibilities
The Superintendent or his or her designee shall coordinate and oversee the use
of District electronic resources including the Internet, and will develop procedures necessary to implement this
policy. In addition, the Superintendent or his or her designee shall ensure
that the district, as part of its implementation of this policy, is educating
minors about appropriate on-line behavior, including interacting with other
individuals on social networking websites and in chat rooms and cyberbullying
awareness and response.[11]
Administrative procedures developed under this policy shall
include provisions necessary to ensure that Internet service providers and
other contractors comply with applicable restrictions on the collection and
disclosure of student data and any other confidential information stored in District
electronic resources.
In addition, the administrative procedures developed under
this policy shall include Internet safety measures that provide for the
monitoring of online activities by minors[12] and address the
following:
The administrative procedures developed under this policy
shall also provide that authorized individuals may temporarily disable the
District’s technology protection measures to enable access for bona fide research
or other lawful purpose.[14]
The Superintendent or his or her designee shall conduct an annual analysis of the implementation of this policy, and shall make recommendations to the Board as needed to ensure that the District’s approach to Internet safety is effective.
User
Responsibilities
During school hours, users may access electronic resources including the
Internet for school related purposes only. The term "school related purpose"
includes use of the system for classroom activities, which may involve e-mail
communication, career development, and curriculum driven research. It also
includes use of the system for other school activities such as sports, other
co-curricular activities and school sponsored fund raising activities.
The District (may/will not) provide e-mail access for
students and staff. Students and staff (may/will not) use real-time electronic
communication, such as chat or instant messaging (only for specifically
organized educational activities).
Students will not post personal contact information about
themselves or other people and agree to follow communication safety
requirements outlined in administrative procedures when using electronic
communications including the Internet.
All users of District electronic resources are expected to
act in a responsible, ethical and legal manner.
Specifically, the following uses are prohibited:[15]
Students and staff may access the
District’s electronic resources for limited personal use. Limited personal use
of the District’s electronic resources including the Internet shall be allowed
if permission is granted by the superintendent or his or her designee in
advance, and the use:
Parental
Notification and Responsibility
Each school will provide written annual notice to parents/guardians about
student use of District electronic resources including the Internet, the
policies and procedures governing their use, and the limitation of liability of
the District. Parents/guardians must sign an agreement to allow their
child(ren) to access District electronic resources including the Internet and
return this agreement to the school before access will be granted. Students18 years of age or older must sign
their own agreement. A signed user
agreement will not be required when students are using school computers for
research as part of a course requirement and the use is supervised by a
responsible adult.[20]
Limitation/Disclaimer
of Liability
The District is not liable for unacceptable use or violations of copyright
restrictions or other laws, user mistakes or negligence, and costs incurred by
users. The District is not responsible for ensuring the accuracy, age
appropriateness, or usability of any information found on the District’s
electronic resources network including the Internet. The District is not
responsible for any damage experienced, including, but not limited to, loss of
data or interruptions of service. The District is not responsible for the
accuracy or quality of information obtained through or stored on the electronic
resources system including the Internet, or for financial obligations arising
through their unauthorized use.
Enforcement
In the event there is an allegation
that a user has violated this policy, a student will be provided with notice
and opportunity to be heard in the manner set forth in the student disciplinary
policy.
Allegations of staff member violations of this policy will
be processed in accord with contractual agreements and legal requirements.
The District will cooperate fully with local, state, or
federal officials in any investigation concerning or relating to illegal
activities conducted through the use of the District’s electronic resources
including the Internet.[21]
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Date
Warned: |
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Date
Adopted: |
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Legal
Reference(s): |
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17
U.S.C. §§101-120 (Federal Copyright Act of 1976 as amended) |
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20 U.S.C. § 6777 et seq. (Enhancing Education Through Technology Act) |
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18 U.S.C. §2251 (Federal Child
Pornography Law—Sexual Exploitation and Other Abuse of Children) |
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47 U.S.C. §254 (Children’s Internet
Protection Act) 47 CFR §54.520 (CIPA Certifications) |
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13 V.S.A. §§2802 et seq. (Obscenity,
minors) 13 V.S.A. § 1027 (Disturbing Peace by Use of…Electronic Means) 13 V.S.A. §2605(Voyeurism) |
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Cross Reference: |
Student Conduct and Discipline (F1) |
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Copyrights (G2) |
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Selection of Instructional Materials (G5) |
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Complaints About Instructional Materials (G6) |
[1] The federal
No Child Left Behind Act (NCLBA) makes schools ineligible to receive
funding for the purchase of computers used to access the internet, or to pay
costs associated with accessing the internet,
through the technology grants program “…unless the school, school board,
local educational agency, or other authority with responsibility for
administration of (the) school both…has in place a policy of Internet safety
for minors that includes the operation of a technology protection measure with
respect to any of its computers with Internet access that protects against
access through such computers to visual depictions that are…obscene; child
pornography; or harmful to minors; and is enforcing the operation of such
computers by minors; and has in place a policy of Internet safety that includes
the operation of a technology protection measure with respect to any of its
computers with Internet access that protects against access through such
computers to visual depictions that are…obscene or child pornography and is
enforcing…such measure during use of any such computers…” 20 U.S.C. § 6777; 47 U.S.C. § 254(h)(5)(A)
& (B). Prior to adoption, the school
must “provide reasonable public notice and hold at least one public hearing or
meeting to address the proposed Internet safety policy.” 47 U.S.C. § 254(l)(1)(B).
[2]
18 U.S.C. § 2256. See, 13 V.S.A. §
2801(6) for the state definition of this term.
Federal law requires the use of the federal definition in this policy.
[3] Federal law
defines “minor” as a person who has not yet attained the age of 17. 20 U.S.C. §
6777; 47 U.S.C. § 254. Vermont’s
anti-obscenity law defines the term “minor” as “any person less than 18 years
old.” 13 V.S.A. § 2801(1). The Vermont definition is used in this model
policy as it includes the federal requirement and also provides coverage for
students until they reach the age of 18.
[4] 47 U.S.C. § 254
[5] See footnote 3
above.
[6] 20 U.S.C. §
6777(e)(1)
[7] 20 U.S.C. §
6777(e)(2)
[8] 47 U.S.C. §
254(h)(B)
[9] Neighborhood Children’s Internet Protection
Act, 47 U.S.C §254(l)(2); 47 C.F.R. 54.520.
See also, Children’s Internet Protection Act, 47 U.S.C. § 254. These federal statutes require that “(A)
determination what matter is inappropriate for minors shall be made by the
school board (or) local education agency…”
[10] 20 U.S.C. §
6777(a)(2)(A); 47 U.S.C. § 254
[11] Required by 47
U.S.C. § 254(h)(5)(B)
[12] Required
by 47 U.S,C. § 254(h); 47 C.F.R. § 54.520(C)(i)
[13] Required by 47
U.S.C. § 254(1); 47 C.F.R. § 54.520(c)(ii)
[14] Required by 20
U.S.C. § 6777(c)
[15] This list of
prohibited uses is not specifically required by federal or state law. It is suggestive, and can be modified by
boards that adopt acceptable use policies.
[16] 13 V.S.A. § 1027 makes it a crime in Vermont
to “disturb peace by use of telephone or other electronic communications.” Actionable activities under the statute
include threatening, harassing, intimidating communications as well as the use
of “obscene, lewd, lascivious or indecent language” with intent to harass or
intimidate by telephone or other electronic communication.
[17] 13 V.S.A. § 2802b makes activities commonly
referred to as “sexting” by minors illegal in Vermont.
[18] 13 V.S.A. § 2605 makes “voyeurism” illegal in
Vermont.
[19] This section on Limited Personal Use is not a
required component of this policy, and is therefore an option for consideration
by boards adopting acceptable use policies.
[20] As an alternative to requiring signed user
agreements, a district could provide clear notice that it will allow access to
its electronic resources unless notified in writing by parents that they do not
consent to such use by their children.
[21] See 13 V.S.A. §§ 2802b and 1027 for examples of
criminal activities involving electronic resources.