Adapted from
Copyright © by Eberharter-Maki&Tappen, PA
GENERAL
Internet access is a service provided for students and staff members by this school district. Use of this district’s computer networking services must be directly related to an educational goal and consistent with the instructional objectives of this district. The district reserves the right to monitor all activity on the computer network service. Staff and students do not have a reasonable expectation of privacy in their use of the computer or the computer network.
The system administrators of the computer network service are district employees who are responsible for monitoring use of the system (computer network service and related equipment) by staff and students.
The computer network services provided by this district may not always meet student or staff requirements or be uninterrupted or error-free. It is provided on an “as-is, as available” basis. No warranties are made or given with respect to any service, information, or software contained therein.
DEFINITIONS
“Child pornography” is defined as:
Any visual depiction . . . whether made or produced by electronic, mechanical, or other means, of sexually explicit
conduct, where—(1) the product of such visual depiction involves the use of a minor engaging in sexually explicit
conduct; (2) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; (3) such
visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually
explicit conduct; or (4) such visual depiction is advertised, promoted, presented, described, or distributed in such a
manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually
explicit conduct. 18 U.S.C. § 2246.
“Harmful to minors” is a visual depiction containing any picture, image, graphic image file, or other visual depiction that, taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; depicts, describes, or represents, in a patently offensive way 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 a lewd exhibition of the genitals; and lacks serious literary, artistic, political, or scientific value to minors.
“Minor,” for the purposes of this policy, is an individual who has not attained the age of 17.
“Obscenity” is defined as:
Any picture, image, graphic image file, or other visual depiction that: (1) taken as a whole, appeals to a prurient [i.e. erotic] interest; (2) depicts, describes or represents in a patently offensive way an actual or simulated sexual act or sexual contact or a lewd exhibition of the genitals; and (3) taken as a whole, lacks serious literary, artistic, political, or scientific value. 18 U.S.C. § 1460.
PRIVILEGES AND RESPONSIBILITIES
The use of this district’s computer network service is a privilege, not a right. Permission from parents/guardians is required before students may access the computer network service. All users must sign an Acceptable Use Agreement before access is permitted. Upon acceptance for use of the computer network service, students and staff will be given a user ID (name) and password.
Student and staff freedom of speech and access to information will be honored; however, this district reserves the right to monitor and review all electronic transmissions and activities. User access may be denied, revoked, or suspended at any time because of inappropriate use. Further disciplinary action may also occur.
INFORMATION CONTENT
This district provides students and staff access to other computer systems around the world through the Internet and users may encounter information that is controversial or potentially harmful. Because the information and sources of information on such computer network services is continually changing, it is impossible for the district to monitor all the content. Some computer systems may contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal materials. This district does not condone the use of such materials and does not knowingly permit use of such materials in the school environment. Students or staff bringing such materials into the school environment will be dealt with according to the discipline policies of the individual schools and this district. Intentionally accessing or using such materials may result in termination of access to this district’s computer network service capacities as well as in-school suspension, suspension from school or expulsion; or disciplinary actions for staff, including termination.
INTERNET SAFETY FOR STUDENTS
The district will take appropriate steps to protect all students from access, through the district’s computers, to visual depictions that are obscene, contain child pornography, or are harmful to minors, by installing and utilizing specific technology that blocks or filters Internet access to such visual depictions.
The building principal or designee may authorize the disabling of the Internet block or filter system only for the purpose of enabling access for bona fide research or other lawful purpose. Disabling of the Internet block or filter system by any other staff member or student will result in disciplinary action.
As required by the Children’s Internet Protection Act, this district will hold annual public meetings to receive input from parents and other patrons regarding the district’s Internet safety plan, including the use of an Internet filtering service.
Any staff member, student, parent, or patron may request that the district either block, or disable a block of, a particular website by filing a written request with the superintendent. The superintendent will appoint a five (5) member committee, including three (3) staff members and two (2) patrons. The committee will meet with the individual who filed the request in a timely manner, allow that individual to make oral or written arguments to support the request, and make a written recommendation to the superintendent regarding whether the district should block, or disable a block of, a particular website. Upon reviewing the request and the committee’s recommendation, the superintendent will render a written decision and notify the individual who made the request. The superintendent’s decision in this matter will be final.
ONLINE USE
All district policies and school rules pertaining to behavior and communications apply to online use. The use of this district’s computer network services capabilities must be for educational purposesonlyand be consistent with this district’s mission.
1. Users are not allowed to access the district’s computer network services for any private or commercial purposes.
Users are not allowed to advertise, attempt to sell or offer for sale any goods or services that could be construed
as a commercial enterprise, unless pre-approved by the board or superintendent.
2. Illegal activity is prohibited and may result in referral to law enforcement.
a. Sending, receiving, or accessing obscene or pornographic material is prohibited.
b. Sending, receiving, or accessing harassing, threatening, or objectionable material is prohibited.
3. Using programs to infiltrate a computing system and/or damage the software components is prohibited.
4. Students and staff will use the computer network service resources efficiently to minimize interference with others.
5. Users are responsible for making back-up copies as needed.
6. Users are responsible for taking precautions against computer viruses on their own equipment and this school
district’s equipment.
7. Users will not transmit materials, information, or software in violation of any local, state, or federal law.
8. Attempts to log in to the system using another user’s account will result in termination of the user’s account.
INTELLECTUAL PROPERTY
All works of any kind that an employee of the district creates on the network or district computers shall be the intellectual property of the district, as such property shall be deemed “work for hire” as defined in 17 U.S.C. Section 1001(1). Student works prepared pursuant to an assignment for any class, project, school-sponsored activity or club shall be the property of the student, if it represents original work.
All works on the network, computers, or storage devices are subject to the monitoring/scrutiny of district and building administrators, information system personnel, and/or designees of administrators. All files, materials, or documents may be reviewed and may be deleted by designated technology staff.
For purposes of this policy, “works” shall mean “an original expression, in fixed and tangible form, that may be entitled to common-law or statutory copyright protection. Works may take different forms and include, but are not limited to, art, literature, music, software, and photography.”
ONLINE CONDUCT
All users are required to abide by the generally accepted rules of computer network service etiquette. These include, but are not limited to, the following:
1. Users will not engage in cyberbullying, including, but not limited to, using a computer, computer system, or
computer network service to convey a message in any format (audio or video, text, graphics, photographic, or any
combination thereof) that is harassment, intimidation, or bullying, or is otherwise intended to harm another individual.
2. Users will not be abusive in their messages to others.
3. Users will not swear, use vulgarities or any other inappropriate language.
4. Users will not reveal personal information regarding others and should be cautious when revealing users’ own
personal information (home address, phone number, etc.).
5. The computer network service may not be used in such a way that use would disrupt the use of the computer
network service by others.
6. All communications and information accessible via the computer network service should be assumed to be private
property but open to district scrutiny, and review at any time.
7. Users will not submit, publish, or display any defamatory, inaccurate, abusive, obscene, profane, sexually oriented,
threatening, racially offensive, or illegal material, nor encourage the use of controlled substances.
Any on-line conduct that is determined by the system administrator to constitute an inappropriate use of this district’s computer network service or to improperly restrict or inhibit other users from using and enjoying this district’s computer network service is strictly prohibited and may result in disciplinary action.
COPYRIGHTED MATERIAL
Copyrighted material will not be placed on any system connected to this district’s computer network service without the author’s written permission. The following will apply to copyrighted materials:
1. Only the owner(s) or persons specifically authorized may upload copyrighted material to the computer network
service.
2. Users may download only that copyrighted material for which permission has been requested and granted, or that
falls within the fair use exception to the copyright laws.
3. A user may redistribute a copyrighted program only with the express written permission of the owner or authorized
person or as provided by the fair use exception.
ELECTRONIC MAIL
Electronic mail (“e-mail”) is a private electronic message sent by or to a user in correspondence with another person having Internet mail access. The following provisions apply to e-mail:
1. Messages received by the computer network service are retained on the system until deleted by the recipient.
2. A canceled computer network service account will not retain its e-mail. Users must remove old messages in a timely
fashion.
3. The system administrators may remove e-mail messages if not attended to regularly by the users.
4. E-mail may be viewed by others. There is no reasonable expectation of privacy or confidentiality regarding e-mail
sent using district computers or the district’s network.
5. The system administrators will not intentionally inspect the contents of e-mail sent by one user to an identified
addressee, or disclose such contents to anyone other than the sender, or an intended recipient, without the
consent of the sender or an intended recipient, unless required to do so by law or this district’s policies, or to
investigate complaints regarding e-mail which are alleged to contain defamatory, inaccurate, abusive, obscene,
profane, sexually oriented, threatening, racially offensive, or illegal material.
6. This district will cooperate fully with local, state, or federal officials in any investigation concerning or relating to
any e-mail transmitted on this district’s computer network service.
THIRD-PARTY SUPPLIED INFORMATION
Opinions, advice, services, and all other information expressed by students, staff, information providers, service providers, or other third-party personnel on the computer network service provided by this district are those of the individual and do not represent the position of this district.
DISK USE
The system administrators reserve the right to set quotas for disk use on the computer system. Users exceeding their quota will be required to delete files to return to compliance. Users may request that their disk quota be increased by submitting a request stating the need for the quota increase. In determining whether to grant the request, the designated administrator will review the space available and the reason for the request. The decision of the administrator regarding disk use is final and not appealable. A user who remains in non-compliance of disk space quotas after seven (7) days of notification will have his or her files removed by a system administrator.
SECURITY
Security on any computer system is a high priority. All district users will meet the following requirements:
1. If a user feels that he or she can identify a security problem on the computer network service, the user will notify a
school administrator. The user will not demonstrate the problem to others.
2. Users may not let others use their account and password nor will they leave their account open or unattended.
3. Users will change passwords regularly, using combinations of letters and numbers and will avoid using standard
English words and names.
4. Users will immediately notify a school administrator if their password is no longer secure, or if they have reason to
believe that someone has obtained unauthorized access to their account.
5. Any user identified as a security risk or having a history of problems with other computer systems may be denied
access to the computer network service.
VANDALISM
Vandalism will result in disciplinary actions. Vandalism is defined as any malicious attempt to harm or destroy data of another user, the computer network service, or any of the agencies or other computer network services that are connected to the Internet. This includes, but is not limited to, the uploading or creation of computer viruses.
STUDENT DISCIPLINE
Violation of this policy may result in the following disciplinary actions:
1. A student may lose computer privileges/network access. The duration of loss will depend on the student’s age and
severity of the violation as determined by the system administrator. Students found to flagrantly or persistently violate
this policy may lose all computer privileges/network service access for the remainder of the school year, or for the
duration of school attendance.
2. A student may be removed from class, suspended, or expelled from school if he or she engages in conduct on the
computer network service that constitute flagrant or persistent violations of this policy or could be considered illegal,
as defined by federal and/or state law. Students committing illegal acts may be referred to the local law enforcement
agency.
3. Each student is responsible for any damage he or she may cause to this district’s computers or to the computer
network service. The student must pay all costs incurred in restoring the computer or the network service to its
previous working order.
4. If a class requires the use of a computer and/or the computer network service, a student who has lost computer
privileges under this policy will be allowed to participate under direct teacher supervision unless he or she has been
removed from the class.
STAFF DISCIPLINE
1. A staff member may lose computer privileges and/or network access. The duration of loss will depend on the severity
of the violation as determined by the building administrator.
2. A staff member may be disciplined, up to and including termination from employment, if he or she engages in
conduct on the computer network service that constitutes flagrant or persistent violations of this policy or could
be considered illegal, as defined by federal and/or state law. Staff members committing illegal acts may be referred
to the local law enforcement agency.
UPDATING USER ACCOUNT INFORMATION
The computer network service may occasionally require new registration and information from users to continue the service. Users must notify the designated administrator of any changes/deletions in user information (address, phone, name, etc.).
TERMINATION OF ACCOUNT
A user’s access to, and use of, the computer network service may be terminated at any time by notifying a system administrator. An account that is inactive for more than thirty (30) days may be removed along with that user’s files without notice given to the user.
An administrator reserves the right, at his or her sole discretion, to suspend or terminate users’ access to and use of the computer network service upon any violation of this policy.
This district’s administration, faculty and staff may request the system administrator to deny, revoke, or suspend specific user access.
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LEGAL REFERENCE:
17 USC Section 1001, et seq.
Children’s Internet Protection Act, Sections 1703 to 1721, U.S.C. Section 254(h)(1)
Idaho Code Sections
6-210
18-917A
18-2201
18-2202
Cowles Publishing Co. v. Kootenai CountyBoard of Commissioners, 144 Idaho 259 (2007)
ADOPTED: August 11, 2003
AMENDED: November 10, 2008
AMENDED: November 9, 2009
ATTACHMENT: Computer Network Service User Agreement