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Purpose

 

The South Park School district provides its employees, students, and guests (“users”) access to technology resources including, but not limited to, electronic communications systems, computers, computer networks, networked devices, hardware, software, Internet access, mobile devices, peripherals, copiers, and cameras.

 

The Board supports the use of the district’s technology resources to facilitate teaching and learning, to provide access to information, to aid in research and collaboration, to foster the educational mission of the district, and to carry out the legitimate business and operation of the district.

 

The use of the district’s technology resources is for appropriate school-related educational and operational purposes and for the performance of job duties consistent with the educational mission of the district. Use for educational purposes is defined as use that is consistent with the curriculum adopted by the district, as well as the varied instructional needs, learning styles, abilities and developmental levels of students. All use for any purpose must comply with this policy and all other applicable codes of conduct, policies, procedures, and rules and must not cause damage to the district’s technology resources. 

 

All employees and students are responsible for the appropriate and lawful use of the district’s technology resources. This policy is intended to ensure that all users continue to enjoy access to the district’s technology resources and that such resources are utilized in an appropriate manner and for legitimate purposes. 

 

Definitions

 

The term child pornography is defined under both federal and state law.

 

Child pornography - under federal law, is 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:[1]

  1. The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
     
  2. 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
     
  3. Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

Child pornography - under state law, is any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of eighteen (18) years engaging in a prohibited sexual act or in the simulation of such act.[2]

 

The term harmful to minors is defined under both federal and state law.

 

Harmful to minors - under federal law, is any picture, image, graphic image file or other visual depiction that:[3][4]

  1. Taken as a whole, with respect to minors, appeals to a prurient interest in nudity, sex or excretion;
     
  2. 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 lewd exhibition of the genitals; and
     
  3. Taken as a whole lacks serious literary, artistic, political or scientific value as to minors.

Harmful to minors - under state law, is any depiction or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:[5]

  1. Predominantly appeals to the prurient, shameful, or morbid interest of minors;
     
  2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
     
  3. Taken as a whole lacks serious literary, artistic, political, educational or scientific value for minors.

Obscene - any material or performance, if:[5]

  1. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
     
  2. The subject matter depicts or describes in a patently offensive way, sexual conduct described in the law to be obscene; and
     
  3. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

Technology protection measure - a specific technology that blocks or filters Internet access to visual depictions that are obscene, child pornography or harmful to minors.[4]

 

District Technology Resources - district technology resources means all technology owned, operated, and/or licensed by the district, including computers, projectors, televisions, video and sound systems, mobile devices, calculators, scanners, printers, cameras, portable hard drives, hardware, software, accounts, routers, and networks, including the Internet.

 

User - user means anyone who utilizes or attempts to utilize district technology resources while on or off district property. The term includes, but is not limited to, students, staff, parents and/or guardians, and any visitors to the district that may use district technology.

 

Authority

 

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 any information that is retrieved via the Internet.

 

The district shall not be responsible for any unauthorized charges or fees resulting from access to the Internet or other network resources.

 

The Board declares that computer and network use 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, delete, receive or display on or over the district’s Internet, computers or network resources, including personal files or any use of the district’s Internet, computers or network resources. 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. The district shall cooperate to the extent legally required with the Internet Service Provider (ISP), local, state and federal officials in any investigation concerning or related to the misuse of the district’s Internet, computers and network resources.[6][7][8]

 

The Board requires all users to fully comply with this policy and to immediately report any violations or suspicious activities to the Superintendent or designee.

 

The Board establishes the following materials, in addition to those stated in law and defined in this policy, that are inappropriate for access by minors:[4]

  1. Defamatory.
     
  2. Lewd, vulgar, or profane.
     
  3. Threatening.
     
  4. Harassing or discriminatory.[9][10][11][12][13][14][15]
     
  5. Bullying.[16]
     
  6. Terroristic.[17]

The district reserves the right to restrict access to any Internet sites or functions it deems inappropriate through established Board policy, or the use of software and/or online server blocking. Specifically, the district operates and enforces a technology protection measure(s) that blocks or filters access to inappropriate matter by minors on its computers used and accessible to adults and students. The technology protection measure shall be enforced during use of computers with Internet access.[3][4][18]

 

Upon request by students or staff, the Superintendent or designee shall expedite a review and may authorize the disabling of Internet blocking/filtering software to enable access to material that is blocked through technology protection measures but is not prohibited by this policy.[18]

 

Upon request by students or staff, building administrators may authorize the temporary disabling of Internet blocking/filtering software to enable access for bona fide research or for other lawful purposes. Written permission from the parent/guardian is required prior to disabling Internet blocking/filtering software for a student’s use. If a request for temporary disabling of Internet blocking/filtering software is denied, the requesting student or staff member may appeal the denial to the Superintendent or designee for expedited review.[3][19]

 

Delegation of Responsibility

 

The district shall make every effort to ensure that this resource is used responsibly by students and staff.

 

The district shall inform staff, students, parents/guardians and other users about this policy through employee and student handbooks, posting on the district website, and by other appropriate methods. A copy of this policy shall be provided to parents/guardians, upon written request.[18]

 

Users of district networks or district-owned equipment shall, prior to being given access or being issued equipment, sign user agreements acknowledging awareness of the provisions of this policy, and awareness that the district uses monitoring systems to monitor and detect inappropriate use and tracking systems to track and recover lost or stolen equipment.

 

Student user agreements shall also be signed by a parent/guardian.

 

Administrators, teachers and staff have a professional responsibility to work together to help students develop the intellectual skills necessary to discern among information sources, to identify information appropriate to their age and developmental levels, and to evaluate and use the information to meet their educational goals.

 

Students, staff and other authorized individuals have the responsibility to respect and protect the rights of every other user in the district and on the Internet.

 

Building administrators shall make initial determinations of whether inappropriate use has occurred.

 

The Superintendent or designee shall be responsible for recommending technology and developing procedures used to determine whether the district's computers are being used for purposes prohibited by law or for accessing sexually explicit materials. The procedures shall include but not be limited to:[3][4][20]

  1. Utilizing a technology protection measure that blocks or filters Internet access for minors and adults to certain visual depictions that are obscene, child pornography, harmful to minors with respect to use by minors, or determined inappropriate for use by minors by the Board.
     
  2. Maintaining and securing a usage log.
     
  3. Monitoring online activities of minors.

The Superintendent or designee shall develop and implement administrative regulations that ensure students are educated on network etiquette and other appropriate online behavior, including:[4]

  1. Interaction with other individuals on social networking websites and in chat rooms.
     
  2. Cyberbullying awareness and response.[16][21]

Use of Personal Electronic Devices

 

The use of personal electronic devices on the district network is permitted only on designated networks. When a user connects a personal electronic device to a district network or district technology resources, this policy and its guidelines apply. Users are subject to the same levels of monitoring and access as if a district-owned device were being utilized. Users who connect a personal electronic device to a district network explicitly waive any expectation of privacy in the content exchanged over the district technology resources.

 

Monitoring

 

District technology resources shall be periodically monitored to ensure compliance with this and other district policies including monitoring of users’ online activities. The network administrator designated by the Superintendent shall ensure that regular monitoring is completed pursuant to this section. However, the Superintendent, or his/her designee, shall also implement procedures to ensure that district technology resources are not utilized to track the whereabouts or movements of individuals, and that remotely activated cameras and/or audio are not utilized except where necessary to recover lost or stolen district technology.

 

Guidelines

 

Network accounts shall be used only by the authorized owner of the account for its approved purpose. Network users shall respect the privacy of other users on the system.

 

Safety

 

It is the district’s goal to protect users of the network from harassment and unwanted or unsolicited electronic communications. Any network user who receives threatening or unwelcome electronic communications or inadvertently visits or accesses an inappropriate site shall report such immediately to a teacher or administrator. Network users shall not reveal personal information to other users on the network, including chat rooms, email, social networking websites, etc.

 

Internet safety measures shall effectively address the following:[4][20]

  1. Control of access by minors to inappropriate matter on the Internet and World Wide Web.
     
  2. Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications.
     
  3. Prevention of unauthorized online access by minors, including "hacking" and other unlawful activities.
     
  4. Unauthorized disclosure, use, and dissemination of personal information regarding minors.
     
  5. Restriction of minors’ access to materials harmful to them.

Unauthorized Use Prohibited

 

Only users who have agreed to abide by the terms of this policy may utilize the district’s technology resources. Unauthorized use, utilizing another user’s district account, or exceeding one’s authorization to use district technology resources is prohibited. Nothing in this policy, however, shall prevent a parent/guardian from assisting his/her child with the use of the district’s technology resources, or from monitoring a student’s use of the district’s technology resources in the student’s home.

 

Use of Personal Electronic Devices

 

The use of personal electronic devices on the district network is permitted only on designated networks. When a user connects a personal electronic device to a district network or district technology resources, this policy and its guidelines apply. Users are subject to the same levels of monitoring and access as if a district-owned device were being utilized. Users who connect a personal electronic device to a district network explicitly waive any expectation of privacy in the content exchanged over the district technology resources.

 

Privacy

 

The district reserves the right to monitor any user’s utilization of district technology resources. Users have no expectation of privacy while using district technology resources whether on or off district property. The district may monitor, inspect, copy, and review any and all usage of district technology resources including information transmitted and received via the Internet to ensure compliance with this and other district policies, and state and federal law. All emails and messages, as well as any files stored on district technology resources may be inspected at any time for any reason. The district may decrypt and inspect encrypted Internet traffic and communications to ensure compliance with this policy. 

 

Internet Filtering and CIPA Compliance

 

The district utilizes content and message filters to prevent users from accessing material through district technology resources that has been determined to be obscene, offensive, pornographic, harmful to minors, or otherwise inconsistent with the district’s educational mission. The Superintendent or his/her designee shall establish a procedure for users to request that a legitimate website or educational resource not be blocked by the district’s filters for a bona fide educational purpose. Such requests must be either granted or rejected within three school days pursuant to the established procedure.

 

The Board directs that the Superintendent or his/her designee ensure that students at the elementary, middle school, and high school levels are educated about appropriate online behavior including interacting via social networks and in chat rooms, cyber-bullying, and disclosure of personal information.

 

Monitoring

 

District technology resources shall be periodically monitored to ensure compliance with this and other district policies including monitoring of users’ online activities. The network administrator designated by the Superintendent shall ensure that regular monitoring is completed pursuant to this section. However, the Superintendent, or his/her designee, shall also implement procedures to ensure that district technology resources are not utilized to track the whereabouts or movements of individuals, and that remotely activated cameras and/or audio are not utilized except where necessary to recover lost or stolen district technology.

 

District-Provided Resources

 

District technology resources may be assigned or allocated to an individual user for his/her use (e.g., individual email accounts, laptop computers, etc.). Despite being allocated to a particular user, the technology resources remain the property of the district and may be revoked, suspended, or inspected at any time to ensure compliance with this and other district policies. Users do not have an expectation of privacy in any district provided technology resource or any of its contents.

 

General Prohibitions

 

The following uses of district technology resources are prohibited:

  1. Use of technology resources to violate the law, facilitate illegal activity, or to encourage others to do so.
     
  2. Use of technology resources to violate any other district policy.
     
  3. Use of technology resources to engage in any intentional act which might threaten the health, safety, or welfare of any person or persons.
     
  4. Use of technology resources to cause, or threaten to cause harm to others or damage to their property.
     
  5. Use of technology resources to bully, or to communicate terroristic threats, discriminatory remarks, or hate.
     
  6. Use of technology resources to communicate words, photos, videos, or other depictions that are obscene, indecent, vulgar, rude, profane, or that advocate illegal drug use.
     
  7. Use of technology resources to create, access, or to distribute obscene, profane, lewd, vulgar, pornographic, harassing, or terroristic materials, firearms, or drug paraphernalia. This applies to any such use of a school district 3D printer
     
  8. Use of technology resources to attempt to interfere with or disrupt district technology systems, networks, services, or equipment including, but not limited to, the propagation of computer “viruses” and “worms”, Trojan Horse and trapdoor program codes.
     
  9. Altering or attempting to alter other users’ or system files, system security software, system or component settings, or the systems themselves, without authorization.
     
  10. The attempted physical harm or attempted destruction of district technology resources.
     
  11. Use of technology resources in a manner that jeopardizes the security of the district’s technology resources, or in a manner that attempts to circumvent any system security measures.
     
  12. Use of technology resources to intentionally obtain or modify files, passwords, and/or data belonging to other users or to the district.
     
  13. Use that conceals or attempts to conceal a user’s identity, including the use of anonymizers, or the impersonation of another user.
     
  14. Unauthorized access, interference, possession, or distribution of confidential or private information.
     
  15. Using technology resources to send any district information to another party, except in the ordinary course of business as necessary or appropriate for the advancement of the district’s business or educational interests.
     
  16. Use of technology resources to commit plagiarism.
     
  17. Installing, loading, or running software programs, applications, or utilities not explicitly authorized by the district technology staff.
     
  18. Installing unauthorized computer hardware, peripheral devices, network hardware, or system hardware onto technology resources.
     
  19. Copying district software without express authorization from a member of the district’s technology staff.
     
  20. Use of technology resources for commercial purposes.
     
  21. Use of technology resources for political lobbying or campaigning, not including student elections (e.g., student government, club officers, homecoming queen, etc.).
     
  22. Use of district technology resources to tether or otherwise connect to a nondistrict-owned device to access an unfiltered and/or unmonitored Internet connection.
     
  23. The use of proxies or other means to bypass Internet content filters and monitoring.
     
  24. The use of technology resources to gamble.
     
  25. Unauthorized access into a restricted system or changing settings or access rights to a restricted system or account.
     
  26. The use of encryption software that has not been previously approved by the district.
     
  27. Sending unsolicited mass-email messages, also known as spam.
     
  28. Scanning the district’s technology resources for security vulnerabilities.

Copyright

 

The illegal use of copyrighted materials is prohibited. Any data uploaded to or downloaded from the network shall be subject to fair use guidelines and applicable laws and regulations.[22][23]

 

District Website

 

The district shall establish and maintain a website and shall develop and modify its web pages to present information about the district under the direction of the Superintendent or designee. All users publishing content on the district website shall comply with this and other applicable district policies.

 

Users shall not copy or download information from the district website and disseminate such information on unauthorized web pages without authorization from the building principal.

 

Consequences for Inappropriate Use

 

The network user shall be responsible for damages to the equipment, systems, and software resulting from deliberate or willful acts.[18]

 

Illegal use of the network; intentional deletion or damage to files or data belonging to others; copyright violations; and theft of services shall be reported to the appropriate legal authorities for possible prosecution.

 

General rules for behavior and communications apply when using the Internet, in addition to the stipulations of this policy.

 

Vandalism shall result in loss of access privileges, disciplinary action, and/or legal proceedings. Vandalism is defined as any malicious attempt to harm or destroy data of another user, Internet or other networks; this includes but is not limited to uploading or creating computer viruses.

 

Failure to comply with this policy or inappropriate use of the Internet, district network or computers shall result in usage restrictions, loss of access privileges, disciplinary action, and/or legal proceedings.[6][7][8]

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