MJUSD
DIVISION 6000
INSTRUCTION

TECHNOLOGY ACCEPTABLE USE (Computers, E-Mail and Internet)
The District is providing Internet access to its employees, Board members, and students. The District's Internet system supports our educational programs. The District's Internet system has not been established as a public access service or a public forum. The District has the right to place restrictions on use to ensure that use of the system is in accord with its limited educational purpose.

Student use of the District's Internet system will be governed by this policy, related District and school regulations, and the student disciplinary code. Staff use will be governed by this policy, related District and school regulations, and District employment policy. The due process rights of all users will be respected in the event there is a suspicion of inappropriate use of the District Internet system. Users have limited privacy expectations in the contents of their personal files and records of their online activity while on the District system.

By this policy, the District restricts access to materials and places restrictions on student speech through use of the Internet for educational reasons. The District declares its ownership of the relevant hardware and software and asserts its right to review and exercise its ownership at any time by search of the system and its equipment, and any information on it. Use of the Internet by students and staff shall be subject to monitoring and search, and staff and students should take notice that they have no expectation of privacy in any information contained on District owned equipment.

The District makes no warranties of any kind, either express or implied, that the functions or the services provided by or through the District Internet system will be error-free or without defect. The District will not be responsible for any damage users may suffer, including but not limited to, loss of data, interruption of service, or exposure to inappropriate material or people. The District is not responsible for the accuracy or quality of the information obtained through the system. The District will not be responsible for financial obligations arising through the unauthorized use of the system. Users or the parent/guardian of users will indemnify and hold the District harmless from any losses sustained as the result of misuse of the system by user. Use of the system by students will be limited to those students whose parent/guardian has signed a disclaimer of claims for damages against the District.

The District has developed and approved this policy in accord with the statutory requirements of the Children's Internet Protection Act (CIPA). The policy was developed with input and feedback from staff, students, parents/guardians, and community members. The policy represents the District's good faith efforts to promote the safe, ethical, responsible, and legal use of the Internet, support the effective use of the Internet for educational purposes, protect students against potential dangers in their use of the Internet, and ensure accountability.

1. The District will promote the effective, educational use of the Internet in school through professional development and the establishment of a District web site that will provide access to prescreened, appropriate, and educationally relevant material.

2. Student and staff users of the District Internet system will receive instruction regarding the safe, ethical, legal, and responsible use of the Internet and of the District's Internet system and their rights and responsibilities under this policy.

3. Student use and activities will be structured in a manner that is appropriate to the age and skills of students, recognizing the importance of providing more secure environments for younger students and supporting safe, responsible, independent use by older students.

4. The District will protect against access to materials that are considered inappropriate for users to access through the District Internet system in the following manner:
   (a) District regulations will designate certain categories of materials as Prohibited, Restricted, or Limited Access Material. Prohibited Material may not be accessed by the students or staff at any time, for any purpose. Restricted Material may not be accessed by elementary or middle school students, but may be accessed by high school students in the context of specific learning activities that have been approved by teachers or by staff for professional development purposes. Limited Access Material is material that is generally considered to be non-educational or entertainment. Limited Access Material may be accessed in the context of specific learning activities that are directed by a teacher or during periods of time that a school may designate as "open access" time by the individual school.
   (b) The District will implement the use of technology protection measures (TPMs), which will protect against access to visual depictions that are obscene, child pornography, and materials that are harmful to minors, as defined by the Children's Internet Protection Act. At the discretion of the District or school, TPMs may also be configured to protect against access to other material considered inappropriate for students to access.
   (c) The TPMs may not be disabled at any time that students may be using the District Internet system, if such disabling will cease to protect against access to materials that are prohibited under the Children's Internet Protection Act. Authorized staff may temporarily or permanently unblock access to sites containing appropriate material, if access to such sites has been inappropriately blocked by the TPMs.
   (d) The determination of whether material is appropriate or inappropriate shall be based on the content of the material and the intended use of the material, not on the protection actions of the Technology Protection Measure.

5. Student use of the District Internet system will be supervised by staff in a manner that is appropriate to the age of the students and circumstances of use.

6. The District will develop procedures to monitor student use of the Internet through an analysis of Internet usage records.

7. The District and schools will establish regulations and procedures to protect the safety and security of students when using direct electronic communications.

8. The Student Internet Use Policy developed pursuant to this policy will include requirements that address the following safe and responsible use issues:
   (a) access to inappropriate material;
   (b) privacy and communication safety standards for self and others;
   (c) illegal activities, including computer security violations, actions taken to disrupt the performance of a computer system, and the use of the Internet to engage in other criminal acts;
   (d) inappropriate language;
   (e) plagiarism and copyright infringement; and
   (f) actions or use that may disrupt or jeopardize the security or effective performance of the District's network or the Internet.

9. The District will protect against the unauthorized disclosure, use, or dissemination of personal or confidential information of students.

10. The District will review contracts with third party providers of data management services to ensure compliance with federal and state student privacy laws.

11. The District will develop regulations for staff pertaining to the transmission of student confidential information via direct electronic communications to ensure that such transmissions are in compliance with federal and state student privacy laws.

12. The District will develop regulations for staff and students to ensure the protection of student personal information when accounts are established or information is provided by or about students on third party web sites.

13. The District will develop regulations addressing the disclosure of student information, posting student-created material, and posting pictures of students on the District web site.

Each school will provide an annual written notice to the parent/guardian of students about the District Internet system, the policies governing its use, and the limitation of liability of the District. The parent/guardian must sign an agreement to allow their child to access the Internet. Upon receipt of the executed agreement, the student will be issued an Internet Use Permit (or some other method of designating permission). The agreement and the Internet Use Permit will be effective for as long as the student attends the particular school. The parent/guardian has the right at any time to investigate the contents of their child's e-mail files. The parent/guardian has the right to request the termination of their child's Internet access at any time.

The District will implement an Internet records retention system.

The District will develop copyright management regulations that will protect the rights of copyright holders, including students and staff, related to material that is accessed through or placed on the Internet.

The District will develop District web site regulations to promote the effective educational use of the Internet, protect the privacy rights and other rights of students and staff, limit potential liability of the District for the inappropriate placement of material, and present an image that will reflect well on the District, schools, staff, and students.

The administrative responsibilities of the District administrative staff related to the District Internet system are as follows:

1. The Superintendent or designee will serve as the coordinator to oversee the District Internet system. The Superintendent is authorized to develop regulations and agreements for the use of the District Internet system that are in accord with this policy statement, and other District policies.

2. The site administrator or designee will serve as the site-level coordinator for the District Internet system, will develop site-level regulations necessary to implement this policy and District regulations, establish procedures to ensure adequate supervision of students using the system, maintain executed user agreements, and be responsible for interpreting this policy and related regulations at the site level.

3. The District technology committee will be responsible for ongoing evaluation of the issues related to this policy, related regulations, and the strategies implemented by schools under this policy. The District technology committee will solicit input and feedback from staff, students, parents, and the community in this evaluation process.

First Reading: 3/9/05

Governing Board Adoption: 4/13/05

(Former BP 6240, 6241)