Purpose

The Board supports use of the computers, Internet and other network resources in the district's instructional and operational programs in order to facilitate learning, teaching and daily operations through interpersonal communications and access to information, research and collaboration.

The district provides students, staff and other authorized individuals with access to the district’s computers, electronic communication systems and network, which includes Internet access, whether wired or wireless, or by any other means.

The district realizes that with providing access to computers, the Internet, and all other forms of technology available, it cannot regulate or monitor all information received or sent by persons who use the Internet and email; and the district cannot ensure that users who engage in these technologies will be prevented from accessing inappropriate or offensive material. The district firmly believes that the information and interaction available using these technologies reduces the possibility that users may procure material that is not consistent with the educational and business goals of the district.

For instructional purposes, the use of network facilities shall be consistent with the curriculum adopted by the district as well as the varied instructional needs, learning styles, abilities, and developmental levels of students.

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]

Users - staff, students, guests, contractors and/or contracted service workers who use any technology-related devices and/or the Internet, whether or not explicitly owned by the Boyertown Area School District.

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, and/or technology-related devices, 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 users:[4]

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

The above terms shall have the meaning given to them within this or any other district policy, or state and federal law.

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 users on its computers used and accessible to users. The technology protection measure shall be enforced during use of computers with Internet access.[3][4][16]

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.[16]

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 user may appeal the denial to the Superintendent or designee for expedited review.[3][17]

Delegation of Responsibility

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

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.[16]

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.

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.

Principals/Supervisors with assistance from the Director of Technology 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][18]

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.[14][19]

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/supervisor. 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][18]

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

Nonpublic Forum

Use of the district's computer resources, including its connection to the Internet, is solely for the support of the district's instructional mission and all sanctioned activities using those resources are in furtherance of the same. At no time are these resources offered to anyone as a means of public expression.

Prohibitions

Users are expected to act in a responsible, ethical and legal manner in accordance with Board policy, accepted rules of network etiquette, and federal and state law. Specifically, the following uses are prohibited:

1. Facilitating illegal activity.
    
2. Commercial or for-profit purposes.
    
3. Nonwork or nonschool related work.
    
4. Product advertisement or political lobbying.
    
5. Bullying/Cyberbullying.[14][19]
    
6. Language, actions, and/or statements that are in violation of law and/or Board policies.
    
7. Unauthorized or illegal installation, distribution, reproduction, or use of copyrighted materials.
    
8. Accessing, sending, receiving, transferring, viewing, sharing or downloading obscene, pornographic, lewd, or otherwise illegal materials, images or photographs.[20]
    
9. Access by users to material that is harmful to minors or is determined inappropriate for users in accordance with Board policy.
    
10. Inappropriate language or profanity.
     
11. Transmission of material likely to be offensive or objectionable to recipients.
     
12. Intentional obtaining or modifying of files, passwords, and data belonging to other users.
     
13. Impersonation of another user, anonymity, and pseudonyms.
     
14. Fraudulent copying, communications, or modification of materials in violation of copyright laws.[21]
     
15. Loading or using of unauthorized games, programs, files, or other electronic media.
     
16. Disruption of the work of other users.
     
17. Destruction, modification, abuse or unauthorized access to network hardware, software and files.
     
18. Accessing the Internet, district computers or other network resources without authorization.
     
19. Disabling or bypassing the Internet blocking/filtering software without authorization.
     
20. Accessing, sending, receiving, transferring, viewing, sharing or downloading confidential information without authorization.

Such prohibited actions may result in disciplinary action up to and including termination of district employees.

Security

System security is protected through the use of passwords. Failure to adequately protect or update passwords could result in unauthorized access to personal or district files. To protect the integrity of the system, these guidelines shall be followed:

1. Users shall not reveal their passwords to another individual.
    
2. Users are not to use a computer that has been logged in under another user's name.
    
3. Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the network.

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.[21][22]

Boyertown Area School 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 Board 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.[16]

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]