Adopted: MSBA/MASA
Model Policy 524
Revised: Rev.
2023
524 INTERNET ACCEPTABLE USE AND SAFETY POLICY
I. PURPOSE
The purpose of this
policy is to set forth policies and guidelines for access to the school
district computer system and acceptable and safe use of the Internet, including
electronic communications.
II. GENERAL STATEMENT OF POLICY
In making decisions
regarding student and employee access to the school district computer system
and the Internet, including electronic communications, the school district
considers its own stated educational mission, goals, and objectives. Electronic information research skills are
now fundamental to preparation of citizens and future employees. Access to the school district computer system
and to the Internet enables students and employees to explore thousands of
libraries, databases, bulletin boards, and other resources while exchanging
messages with people around the world.
The school district expects that faculty will blend thoughtful use of
the school district computer system and the Internet throughout the curriculum
and will provide guidance and instruction to students in their use.
III. LIMITED EDUCATIONAL PURPOSE
The school district is
providing students and employees with access to the school district computer
system, which includes Internet access.
The purpose of the system is more specific than providing students and
employees with general access to the Internet.
The school district system has a limited educational purpose, which
includes use of the system for classroom activities, educational research, and
professional or career development activities.
Users are expected to use Internet access through the district system to
further educational and personal goals consistent with the mission of the
school district and school policies. Uses which might be acceptable on a user’s
private personal account on another system may not be acceptable on this
limited-purpose network.
IV. USE OF SYSTEM IS A PRIVILEGE
The use of the school
district system and access to use of the Internet is a privilege, not a
right. Depending on the nature and
degree of the violation and the number of previous violations, unacceptable use
of the school district system or the Internet may result in one or more of the
following consequences: suspension or
cancellation of use or access privileges; payments for damages and repairs;
discipline under other appropriate school district policies, including
suspension, expulsion, exclusion, or termination of employment; or civil or
criminal liability under other applicable laws.
V. UNACCEPTABLE USES
A. While not an exhaustive list, the
following uses of the school district system and Internet resources or accounts
are considered unacceptable:
1. Users will not use the school district
system to access, review, upload, download, store, print, post, receive,
transmit, or distribute:
a. pornographic, obscene, or sexually
explicit material or other visual depictions that are harmful to minors;
b. obscene, abusive, profane, lewd,
vulgar, rude, inflammatory, threatening, disrespectful, or sexually explicit
language;
c. materials that use language or images
that are inappropriate in the education setting or disruptive to the
educational process;
d. information or materials that could
cause damage or danger of disruption to the educational process;
e. materials that use language or images
that advocate violence or discrimination toward other people (hate literature)
or that may constitute harassment or discrimination.
2. Users will not use the school district
system to knowingly or recklessly post, transmit, or distribute false or
defamatory information about a person or organization, or to harass another
person, or to engage in personal attacks, including prejudicial or
discriminatory attacks.
3. Users will not use the school district
system to engage in any illegal act or violate any local, state, or federal
statute or law.
4. Users will not use the school district
system to vandalize, damage, or disable the property of another person or
organization, will not make deliberate attempts to degrade or disrupt
equipment, software, or system performance by spreading computer viruses or by
any other means, will not tamper with, modify, or change the school district
system software, hardware, or wiring or take any action to violate the school
district’s security system, and will not
use the school district system in such a way as to disrupt the use of the
system by other users.
5. Users will not use the school district
system to gain unauthorized access to information resources or to access
another person’s materials, information, or files without the implied or direct
permission of that person.
6. Users will not use the school district
system to post private information about another person, personal contact
information about themselves or other persons, or other personally identifiable
information, including, but not limited to, addresses, telephone numbers,
school addresses, work addresses, identification numbers, account numbers,
access codes or passwords, labeled photographs, or other information that would
make the individual’s identity easily traceable, and will not repost a message
that was sent to the user privately without permission of the person who sent
the message.
a. This
paragraph does not prohibit the posting of employee contact information on
school district webpages or communications between employees and other
individuals when such communications are made for education-related purposes
(i.e., communications with parents or other staff members related to students).
b. Employees
creating or posting school-related webpages may include personal contact
information about themselves on a webpage. However, employees may not post
personal contact information or other personally identifiable information about
students unless:
(1) such
information is classified by the school district as directory information and
verification is made that the school district has not received notice from a
parent/guardian or eligible student that such information is not to be
designated as directory information in accordance with Policy 515; or
(2) such
information is not classified by the school district as directory information
but written consent for release of the information to be posted has been
obtained from a parent/guardian or eligible student in accordance with
Policy 515.
In addition, prior to
posting any personal contact or personally identifiable information on a
school-related webpage, employees shall obtain written approval of the content
of the postings from the building administrator.
c. These
prohibitions specifically prohibit a user from utilizing the school district
system to post personal information about a user or another individual on
social networks, including, but not limited to, social networks such as
“Facebook,” “Twitter,” “Instagram,” “Snapchat,” “TikTok,” “Reddit,” and similar
websites or applications.
7. Users must keep all account information
and passwords on file with the designated school district official. Users will not attempt to gain unauthorized
access to the school district system or any other system through the school
district system, attempt to log in through another person’s account, or use
computer accounts, access codes, or network identification other than those
assigned to the user. Messages and
records on the school district system may not be encrypted without the
permission of appropriate school authorities.
8. Users will not use the school district
system to violate copyright laws or usage licensing agreements, or otherwise to
use another person’s property without the person’s prior approval or proper
citation, including the downloading or exchanging of pirated software or
copying software to or from any school computer, and will not plagiarize works
they find on the Internet.
9. Users will not use the school district
system for conducting business, for unauthorized commercial purposes, or for
financial gain unrelated to the mission of the school district. Users will not
use the school district system to offer or provide goods or services or for
product advertisement. Users will not
use the school district system to purchase goods or services for personal use
without authorization from the appropriate school district official.
10. Users will not use the school district
system to engage in bullying or cyberbullying in violation of the school
district’s Bullying Prohibition Policy. This prohibition includes using any
technology or other electronic communication off school premises to the extent
that student learning or the school environment is substantially and materially
disrupted.
B. The school district has a special
interest in regulating off-campus speech that materially disrupts classwork or
involves substantial disorder or invasion of the rights of others. A student or
employee engaging in the foregoing unacceptable uses of the Internet when off
school district premises also may be in violation of this policy as well as
other school district policies. Examples
of such violations may include, but are not limited to, serious or severe
bullying or harassment targeting particular individuals, threats aimed at
teachers or other students, failure to follow rules concerning lessons, the
writing of papers, the use of computers, or participation in other online
school activities, and breaches of school security devices. If the school
district receives a report of an unacceptable use originating from a non-school
computer or resource, the school district may investigate such reports to the
best of its ability. Students or
employees may be subject to disciplinary action for such conduct, including,
but not limited to, suspension or cancellation of the use or access to the
school district computer system and the Internet and discipline under other
appropriate school district policies, including suspension, expulsion,
exclusion, or termination of employment.
C. If a user inadvertently accesses
unacceptable materials or an unacceptable Internet site, the user shall
immediately disclose the inadvertent access to an appropriate school district
official. In the case of a school
district employee, the immediate disclosure shall be to the employee’s
immediate supervisor and/or the building administrator. This disclosure may serve as a defense
against an allegation that the user has intentionally violated this
policy. In certain rare instances, a
user also may access otherwise unacceptable materials if necessary to complete
an assignment and if done with the prior approval of and with appropriate
guidance from the appropriate teacher or, in the case of a school district
employee, the building administrator.
VI. FILTER
A. With respect to any of its computers
with Internet access, the school district will monitor the online activities of
both minors and adults and employ
technology protection measures during any use of such computers by minors and
adults. The technology protection
measures utilized will block or filter Internet access to any visual depictions
that are:
1. Obscene;
2. Child pornography; or
3. Harmful to minors.
B. The term “harmful to minors” means any
picture, image, graphic image file, or other visual depiction that:
1. Taken as a whole and with respect to
minors, appeals to a prurient interest in nudity, sex, or excretion; or
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 a lewd exhibition of the genitals; and
3. Taken as a whole, lacks serious
literary, artistic, political, or scientific value as to minors.
C. Software filtering technology shall be
narrowly tailored and shall not discriminate based on viewpoint.
D. An administrator, supervisor, or other
person authorized by the Superintendent may disable the technology protection
measure, during use by an adult, to enable access for bona fide research or
other lawful purposes.
E. The school district will
educate students about appropriate online behavior, including interacting with
other individuals on social networking websites and in chat rooms and
cyberbullying awareness and response.
VII. CONSISTENCY WITH OTHER SCHOOL POLICIES
Use of the school
district computer system and use of the Internet shall be consistent with
school district policies and the mission of the school district.
VIII. LIMITED EXPECTATION OF PRIVACY
A. By authorizing use of the school
district system, the school district does not relinquish control over materials
on the system or contained in files on the system. Users should expect only limited privacy in
the contents of personal files on the school district system.
B. Routine maintenance and monitoring of
the school district system may lead to a discovery that a user has violated
this policy, another school district policy, or the law.
C. An individual investigation or search
will be conducted if school authorities have a reasonable suspicion that the
search will uncover a violation of law or school district policy.
D. Parents may have the right at any time
to investigate or review the contents of their child’s files and e-mail files
in accordance with the school district’s Protection and Privacy of Pupil
Records Policy. Parents have the right
to request the termination of their child’s individual account at any time.
E. School district employees should be
aware that the school district retains the right at any time to investigate or
review the contents of their files and e-mail files. In addition, school district employees should
be aware that data and other materials in files maintained on the school
district system may be subject to review, disclosure, or discovery under Minnesota
Statutes chapter 13 (Minnesota Government Data Practices Act).
F. The school district will cooperate
fully with local, state and federal authorities in any investigation concerning
or related to any illegal activities or activities not in compliance with
school district policies conducted through the school district system.
IX. INTERNET USE AGREEMENT
A. The proper use of the Internet, and the
educational value to be gained from proper Internet use, is the joint
responsibility of students, parents, and employees of the school district.
B. This policy requires the permission of
and supervision by the school’s designated professional staff before a student
may use a school account or resource to access the Internet.
C. The Internet Use Agreement form for
students must be read and signed by the user, the parent or guardian, and the
supervising teacher. The Internet Use
Agreement form for employees must be signed by the employee. The form must then be filed at the school
office. As supervising teachers change,
the agreement signed by the new teacher shall be attached to the original
agreement.
X. LIMITATION ON SCHOOL DISTRICT LIABILITY
Use of the school
district system is at the user’s own risk.
The system is provided on an “as is, as available” basis. The school district will not be responsible
for any damage users may suffer, including, but not limited to, loss, damage,
or unavailability of data stored on school district diskettes, tapes, hard
drives, or servers, or for delays or changes in or interruptions of service or misdeliveries or nondeliveries of
information or materials, regardless of the cause. The school district is not
responsible for the accuracy or quality of any advice or information obtained
through or stored on the school district system. The school district will not be responsible
for financial obligations arising through unauthorized use of the school
district system or the Internet.
XI. USER NOTIFICATION
A. All users shall be notified of the
school district policies relating to Internet use.
B. This notification shall include the
following:
1. Notification that Internet use is
subject to compliance with school district policies.
2. Disclaimers limiting the school
district’s liability relative to:
a. Information stored on school district
diskettes, hard drives, or servers.
b. Information retrieved through school
district computers, networks, or online resources.
c. Personal property used to access school
district computers, networks, or online resources.
d. Unauthorized financial obligations
resulting from use of school district resources/accounts to access the
Internet.
3. A description of the privacy rights and
limitations of school sponsored/managed Internet accounts.
4. Notification that, even though the
school district may use technical means to limit student Internet access, these
limits do not provide a foolproof means for enforcing the provisions of this
acceptable use policy.
5. Notification that goods and services
can be purchased over the Internet that could potentially result in unwanted
financial obligations and that any financial obligation incurred by a student
through the Internet is the sole responsibility of the student and/or the
student’s parents.
6. Notification that the collection,
creation, reception, maintenance, and dissemination of data via the Internet,
including electronic communications, is governed by Public and Private
Personnel Data Policy, and Protection and Privacy of Pupil Records Policy.
7. Notification that, should the user
violate the school district’s acceptable use policy, the user’s access
privileges may be revoked, school disciplinary action may be taken and/or
appropriate legal action may be taken.
8. Notification that all provisions of the
acceptable use policy are subordinate to local, state, and federal laws.
XII. PARENTS’ RESPONSIBILITY; NOTIFICATION OF
STUDENT INTERNET USE
A. Outside of school, parents bear
responsibility for the same guidance of Internet use as they exercise with
information sources such as television, telephones, radio, movies, and other
possibly offensive media. Parents are
responsible for monitoring their student’s use of the school district system
and of the Internet if the student is accessing the school district system from
home or a remote location.
B. Parents will be notified that their
students will be using school district resources/accounts to access the
Internet and that the school district will provide parents the option to
request alternative activities not requiring Internet access. This notification should include:
1. A copy of the user notification form
provided to the student user.
2. A description of parent/guardian
responsibilities.
3. A notification that the parents have
the option to request alternative educational activities not requiring Internet
access and the material to exercise this option.
4. A statement that the Internet Use
Agreement must be signed by the user, the parent or guardian, and the
supervising teacher prior to use by the student.
5. A statement that the school district’s acceptable
use policy is available for parental review.
XIII. NOTIFICATION REGARDING TECHNOLOGY PROVIDERS
A. “Technology provider”
means a person who:
1. contracts with the
school district, as part of a one-to-one program or otherwise, to provide a school-issued
device for student use; and
2. creates, receives, or
maintains educational data pursuant or incidental to a contract with the school
district.
B. “Parent” means a parent
of a student and includes a natural parent, a guardian, or an individual acting
as a parent in the absence of a parent or a guardian.
C. Within 30 days of the
start of each school year, the school district must give parents and students
direct and timely notice, by United States mail, e-mail, or other direct form
of communication, of any curriculum, testing, or assessment technology provider
contract affecting a student’s educational data. The notice must:
1. identify each curriculum,
testing, or assessment technology provider with access to educational data;
2. identify the educational
data affected by the curriculum, testing, or assessment technology provider
contract; and
3. include information
about the contract inspection and provide contact information for a school
department to which a parent or student may direct questions or concerns
regarding any program or activity that allows a curriculum, testing, or
assessment technology provider to access a student’s educational data.
D. The school district must
provide parents and students an opportunity to inspect a complete copy of any
contract with a technology provider.
E. A contract between a
technology provider and the school district must include requirements to ensure
appropriate security safeguards for educational data. The contract must require
that:
1. the technology provider’s
employees or contractors have access to educational data only if authorized;
and
2. the technology provider’s
employees or contractors may be authorized to access educational data only if
access is necessary to fulfill the official duties of the employee or
contractor.
F. All educational data
created, received, maintained, or disseminated by a technology provider
pursuant or incidental to a contract with a public educational agency or
institution are not the technology provider’s property.
XIV. SCHOOL-ISSUED DEVICES
A. “School-issued device”
means hardware or software that the school district, acting independently or
with a technology provider, provides to an individual student for that student’s
dedicated personal use. A school-issued device includes a device issued through
a one-to-one program.
B. Except as provided in
paragraph C, the school district or a technology provider must not
electronically access or monitor:
1. any location-tracking
feature of a school-issued device;
2. any audio or visual
receiving, transmitting, or recording feature of a school-issued device; or
3. student interactions
with a school-issued device, including but not limited to keystrokes and
web-browsing activity.
C. The school district or a
technology provider may only engage in activities prohibited by paragraph B if:
1. the activity is limited
to a noncommercial educational purpose for instruction, technical support, or
exam-proctoring by school district employees, student teachers, staff
contracted by the school district, a vendor, or the Minnesota Department of
Education, and notice is provided in advance;
2. the activity is
permitted under a judicial warrant;
3. the school district is
notified or becomes aware that the device is missing or stolen;
4. the activity is
necessary to respond to an imminent threat to life or safety and the access is
limited to that purpose;
5. the activity is necessary to comply
with federal or state law, including but not limited to Minnesota Statutes
section 121A.031; or
6. the activity is
necessary to participate in federal or state funding programs, including but
not limited to the E-Rate program.
D. If the school district
or a technology provider interacts with a school-issued device as provided in
paragraph C, clause 4, it must, within 72 hours of the access, notify the
student to whom the school-issued device was issued or that student’s parent
and provide a written description of the interaction, including which features
of the device were accessed and a description of the threat. This notice is not
required at any time when the notice itself would pose an imminent threat to
life or safety, but must instead be given within 72 hours after that imminent
threat has ceased.
XV. CELL PHONE USE
1. Students also are prohibited from using a cell phone or other electronic
communication device to engage in conduct prohibited by school district
policies including, but not limited to, cheating, bullying, harassment, and malicious
and sadistic conduct.
2. If the school district
has a reasonable suspicion that a student has violated a school policy, rule,
or law by use of a cell phone or other electronic communication device, the
school district may search the device.
The search of the device will be reasonably related in scope to the
circumstances justifying the search.
3. Students who use an
electronic communication device during the school day and/or in violation of
school district policies may be subject to disciplinary action pursuant to the
school district’s discipline policy. In
addition, a student’s cell phone or electronic communication device may be
confiscated by the school district and, if applicable, provided to law
enforcement. Cell phones or other
electronic communication devices that are confiscated and retained by the
school district will be returned in accordance with school building procedures.
XVI. LIMIT ON SCREEN TIME FOR CHILDREN IN
PRESCHOOL AND KINDERGARTEN
A child in a publicly funded preschool or kindergarten program may not
use an individual-use screen, such as a tablet, smartphone, or other digital
media, without engagement from a teacher or other students. This section does
not apply to a child for whom the school has an individualized family service
plan, an individualized education program, or a 504 plan in effect.
XVII. IMPLEMENTATION; POLICY REVIEW
A. The school district administration may
develop appropriate user notification forms, guidelines, and procedures
necessary to implement this policy for submission to the school board for
approval. Upon approval by the school
board, such guidelines, forms, and procedures shall be an addendum to this
policy.
B. The administration shall revise the
user notifications, including student and parent notifications, if necessary,
to reflect the adoption of these guidelines and procedures.
C. The school district Internet policies
and procedures are available for review by all parents, guardians, staff, and
members of the community.
D. Because of the rapid changes in the
development of the Internet, the school board shall conduct an annual review of
this policy.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government
Data Practices Act
Minn. Stat. § 13.32
(Educational Data)
Minn. Stat. § 121A.031
(School Student Bullying Policy)
Minn. Stat. § 124D.166
(Limit on Screen Time for Children in Preschool and Kindergarten)
Minn. Stat. § 125B.15
(Internet Access for Students)
Minn. Stat. § 125B.26
(Telecommunications/Internet Access Equity Act)
15 U.S.C. § 6501 et
seq. (Children’s Online Privacy Protection Act)
17 U.S.C. § 101 et
seq. (Copyrights)
20 U.S.C. § 1232g
(Family Educational Rights and Privacy Act)
47 U.S.C. § 254 (Children’s
Internet Protection Act of 2000 (CIPA))
47 C.F.R. § 54.520
(FCC rules implementing CIPA)
Mahanoy Area Sch.
Dist. v. B.L., 594
U.S. ___ , 141 S. Ct. 2038 (2021)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969)
United States v. Amer.
Library Assoc.,
539 U.S. 1942003)
Sagehorn v. Indep. Sch. Dist. No. 728, 122 F.Supp.2d 842 (D. Minn. 2015)
R.S. v. Minnewaska
Area Sch. Dist. No. 2149, 894 F.Supp.2d 1128 (D.
Minn. 2012)
Tatro v. Univ. of Minnesota, 800 N.W.2d 811 (Minn. App. 2011), aff’d on other
grounds 816 N.W.2d 509 (Minn. 2012)
S.J.W. v. Lee’s Summit
R-7 Sch. Dist.,
696 F.3d 771 (8th Cir. 2012)
Parents, Families and
Friends of Lesbians and Gays, Inc. v. Camdenton R-III Sch. Dist., 853 F.Supp.2d 888
(W.D. Mo. 2012)
M.T. v. Cent. York Sch. Dist., 937 A.2d 538 (Pa. Commw. Ct. 2007)
Cross References: MSBA/MASA Model Policy 403 (Discipline,
Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy
406 (Public and Private Personnel Data)
MSBA/MASA Model Policy
505 (Distribution of Nonschool-Sponsored Materials on
School Premises by Students and Employees)
MSBA/MASA Model Policy
506 (Student Discipline)
MSBA/MASA Model Policy
514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy
515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy
519 (Interviews of Students by Outside Agencies)
MSBA/MASA Model Policy
521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy
522 (Title IX Sex Nondiscrimination Grievance Procedures and Process)
MSBA/MASA Model Policy
603 (Curriculum Development)
MSBA/MASA Model Policy
604 (Instructional Curriculum)
MSBA/MASA Model Policy
606 (Textbooks and Instructional Materials)
MSBA/MASA Model Policy
806 (Crisis Management Policy)
MSBA/MASA Model Policy
904 (Distribution of Materials on School District Property by Nonschool Persons)