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TABLE OF CONTENTS

  1. Purpose
  2. Definition
  3. Authority
  4. Responsibility
  5. Delegation of Responsibility
  6. Guidelines
    Access to the CIS Systems
    Parental Notification and Responsibility
    School District Limitation of Liability Prohibitions
         General Prohibitions
         Access and Security Prohibitions
         Operational Prohibitions
    Content Guidelines
    Due Process Search and Seizure
    Copyright Infringement and Plagiarism Selection of Materials
    School District Website Blogging
    Safety and Privacy
    Consequences for Inappropriate, Unauthorized, and Illegal Use

Purpose

 

The Methacton School District (“School District”) provides employees, students, and Guests (“Users”) with access to the School District’s Electronic Communication and Information Systems and network, which includes Internet access, whether wired, wireless, cellular, or by any other means. Guests include, but are not limited to, visitors, workshop attendees, volunteers, independent contractors, adult education staff, parents, School Board members, vendors, and School District consultants.

 

Computers, network, Internet, Intranet, electronic communications and information systems (collectively “CIS systems”) provide vast, diverse and unique resources. The Board of School Directors will provide access to the School District’s CIS systems for Users if there is a specific School District-related purpose to access information and research; to collaborate to facilitate learning and teaching; and to foster the educational purpose and mission of the School District.

 

For Users, the School District’s CIS systems must be used for educational purposes and/or performance of School District job duties in compliance with this Policy. Incidental personal use (as defined in this Policy) of School District Computers is permitted for employees. However, they should have no expectation of privacy in anything they create, store, send, receive, or display on or over the School District’s CIS systems, including their personal files, or any of their use. Students may only use the CIS systems for educational purposes.

 

CIS systems may include School District Computers which are located or installed on School District property, at School District events, connected to the School District’s network and/or systems, or when using its mobile computing equipment, telecommunication facilities in protected and unprotected areas or environments, directly from home, or indirectly through another Internet Service Provider (“ISP”), and if relevant, when Users bring and use their own personal Computers or personal electronic devices, and if relevant, when Users bring and use another entity’s Computer or electronic devices to a School District location, event, or connect to a School District network.

 

If Users bring personal Computers or personal technology devices onto the School District’s property, to School District events, or connect them to the School District’s network and systems, and if the School District reasonably believes the personal Computers and personal electronic devices contain School District information or contain information that violates a School District policy or administrative regulation, the legal rights of the School District or another person, or involves significant harm to the School District or another person, or involves a criminal activity, the personal Computers or personal electronic devices may be Accessed in accordance with the law to insure compliance with this Policy, other School District policies, regulations, rules, procedures, ISP terms, and local, state and federal laws. Users may not use their personal Computers and personal technology devices to access the School District’s intranet, internet or any other CIS system unless approved by the Director of Technology and/or designee.

 

The School District intends to strictly protect its CIS systems against numerous outside and internal risks and vulnerabilities. Users are important and critical players in protecting these School District assets and in lessening the risks that can destroy these important and critical assets. Consequently, Users are required to fully comply with this Policy, and to immediately report any violations or suspicious activities to the Superintendent and/or designee. Conduct otherwise will result in actions further described in the Consequences for Inappropriate, Unauthorized and Illegal Use Section found at the end of this Policy, and provided in relevant School District policies, regulations, rules, and procedures.

 

Definitions

 

Child Pornography - Under Federal law, 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:[24][25][15]

  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.

    Under Pennsylvania law, any person who intentionally views or knowingly possesses or controls 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 is guilty of a felony of the third degree for their first offense, or guilty of a felony of the second degree for a second offense.[26][27]

Computer - Includes any School District owned, leased or licensed or User owned personal hardware, software, or other technology used on School District premises or at School District events, or connected to the School District network, containing School District programs or School District or student data (including images, files, and other information) attached or connected to, installed in, or otherwise used in connection with a Computer. Computer includes, but is not limited to, School District and Users: desktop, notebook, powerbook, tablet PC or laptop computers, servers, firewalls/security systems, distance learning equipment, videoconference units, printers, facsimile machine, cables, modems, and other peripherals; specialized electronic equipment used for students’ special educational purposes; Global Positioning System (GPS) equipment; personal digital assistants (PDAs); iPods, MP3 players; USB/jump drives; cell phones, with or without Internet access and/or recording and/or camera/video and other capabilities and configurations, telephones, mobile phones, or wireless devices, two-way radios/telephones; beepers; paging devices, laser pointers and attachments, and any other such technology developed.[5][24][25]

 

Electronic Communications Systems - Any messaging, collaboration, publishing, broadcast, or distribution system that depends on electronic communications resources to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print electronic records for purposes of communication across electronic communications network systems between or among individuals or groups, that is either explicitly denoted as a system for electronic communications or is implicitly used for such purposes. Further, an Electronic Communications System means any wire, radio, electromagnetic, photo-optical or photo -electronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.

 

Examples include, without limitation, the Internet, intranet, electronic mail services, GPS, PDAs, facsimile machines, cell phones with or without Internet access and/or electronic mail and/or recording devices, cameras/video, and other capabilities and configurations.

 

Educational Purpose - Includes use of the CIS systems for classroom activities, professional or career development, and to support the School District’s curriculum, policy and mission statement.

 

Harmful to Minors – Under Federal law, any picture, image, graphic image file or other visual depictions that:[15][25]

  1. Taken as a whole, with respect to minors, appeals to the 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 content, 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, educational or scientific value as to minors.

Under Pennsylvania law, any depiction or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:[28][27]

  1. Predominantly appeals to the prurient, shameful, or morbid interest of minors; and
     
  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.

Incidental Personal Use – Incidental Personal Use of school Computers is permitted for employees so long as such use does not interfere with the employee’s job duties and performance, with system operations, or with other system Users. Personal use must comply with this Policy and all other applicable School District policies, administrative regulations, procedures and rules, as well as ISP terms, local, state and federal laws and must not damage the School District’s CIS systems.

 

Minor – For purposes of compliance with the federal Children’s Internet Protection Act (“FedCIPA”), an individual who has not yet attained the age of seventeen (17). For other purposes, Minor shall mean the age of minority as defined in the relevant law.[15][24][25][28]

 

Obscene – Under Federal law, analysis of the material meets the following elements:[15][25][29]

  1. Whether the average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest;
     
  2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically designed by the applicable state or federal law to be obscene; and
     
  3. Whether the work taken as a whole lacks serious literary, artistic, political, educational, or scientific value.

Under Pennsylvania law, any material or performance if:[27][28]

  1. The average person, applying contemporary community standards, would find that the material, 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.

Sexual Act and Sexual Contact - As defined at 18 U.S.C. § 2246(2), and at 18 U.S.C. § 2246(3), 18 Pa. C.S.A. § 5903.[15][25][28][30]

 

Technology Protection Measure(s) - A specific technology that blocks or filters Internet access to Visual Depictions that are Obscene, Child Pornography or Harmful to Minors.

 

Visual Depictions - Undeveloped film and videotape and data stored on computer disk or by electronic means which is capable of conversion into a visual image but does not include mere words.[15][29][24][31]

 

Authority

 

Access to the School District’s CIS systems through school resources is a privilege, not a right. These, as well as the User accounts and information, are the property of the School District, which reserves the right to deny access to prevent further unauthorized, inappropriate or illegal activity, and may revoke those privileges and/or administer appropriate disciplinary action. The School District will cooperate to the extent legally required with ISP, local, state and federal officials in any investigation concerning or related to the misuse of the CIS systems.[15][32][33]

 

It is often necessary to access User accounts in order to perform routine maintenance and security tasks. System administrators have the right to access by interception, and the stored communication of User accounts for any reason in order to uphold this Policy, administrative regulations, the law and to maintain the system. Users have no privacy expectation in the contents of their personal files or any of their use of the School District’s CIS systems. USERS SHOULD HAVE NO EXPECTATION OF PRIVACY IN ANYTHING THEY CREATE, STORE,

 

SEND, RECEIVE, OR DISPLAY ON OR OVER THE SCHOOL DISTRICT’S CIS SYSTEMS, INCLUDING THEIR PERSONAL FILES OR ANY OF THEIR USE OF THE SCHOOL DISTRICT’S CIS SYSTEMS. The School District reserves the right to record, check, receive, monitor, track, log access and otherwise inspect any or all CIS systems use and to monitor and allocate fileserver space. Users of the School District’s CIS systems who transmit or receive communications and information shall be deemed to have consented to having the content of any such communications recorded, checked, received, monitored, tracked, logged, accessed, and otherwise inspected or used by the School District, and to the School District monitoring and allocating fileserver space. Passwords and message delete functions do not restrict the School District’s ability or right to access such communications or information.

 

The School District reserves the right to restrict access to any Internet sites or functions it may deem inappropriate through general policy, software blocking or online server blocking. Specifically, the School District operates and enforces Technology Protection Measure(s) that block or filter online activities of Minors on its Computers used and accessible to adults and students so as to filter or block Inappropriate Matter on the Internet. Measures designed to restrict adults’ and Minors’ access to material Harmful to Minors may be disabled to enable an adult or student (who has provided written consent from a parent or guardian) to access bona fide research, not within the prohibitions of this Policy, or for another lawful purpose. No person may have access to material that is illegal under federal or state law.[25][34]

 

Expedited review and resolution of a claim that the Policy is denying a student or adult to access material will be enforced by an administrator, supervisor, or their designee upon the receipt of written consent from a parent or guardian of a student, and upon the written request from an adult presented to the Superintendent and/or designee.[25][34]

 

The School District has the right, but not the duty, to inspect, review, or retain Electronic Communication created, sent, displayed, received or stored on and over the School District’s CIS systems and to monitor, record, check, track, log, access or otherwise inspect its CIS systems.

 

In addition, in accordance with the law, the School District has the right, but not the duty, to inspect, review, or retain Electronic Communications created sent, displayed, received, or stored on User’s personal computers, electronic devices, networks, Internet, Electronic Communications Systems, and in databases, files, software, and media that contain School District information and/or data.

 

Also, in accordance with the law, the School District has the right, but not the duty, to inspect, review, or retain electronic communication created, sent, displayed, received or stored on another entity’s computer or electronic device when Users bring and use another entity’s computer or electronic device to a School District location, event, or connect it to the School District network and/or systems, and/or that contains School District programs, or School District data or information.

 

The above applies no matter where the use occurs whether brought onto School District property, to School District events, or connected to the School District network, or when using mobile commuting equipment and telecommunications facilities in unprotected areas or environments, directly from home, or indirectly through another social media or internet service provider, as well as by other means. all actions must be conducted pursuant to the law, assist in the protection of the School District’s resources, insure compliance with this Policy, its administrative regulations, or other School District policies, regulations, rules, and procedures, social media and internet service provider’s terms, or local, state, and federal laws.

 

The School District will cooperate to the extent legally required with social media sites, internet service providers, local, state, and federal officials in investigations or with other legal requests, whether criminal or civil actions.

 

The School District reserves the right to restrict or limit usage of lower priority CIS systems and computer uses when network and computing requirements exceed available capacity according to the following priorities:

  1. Highest – uses that directly supports the education of the students.
     
  2. Medium – uses that indirectly benefit the education of the students.
     
  3. Lowest – uses that include reasonable and limited educationally-related interpersonal communications and employee limited incidental personal use.
     
  4. Forbidden – all activities in violation of this Policy, other School District policies, regulations, rules, procedures, ISP terms, and local, state, or federal law.

The School District additionally reserves the right to:

  1. Determine which CIS systems’ services will be provided through School District resources.
     
  2. Determine the types of files that may be stored on School District file servers and Computers.
     
  3. View and monitor network traffic, file server space, processor, and system utilization, and all applications provided through the network and communications systems, including e-mail, text messages, and other Electronic Communications.
     
  4. Remove excess e-mail and other Electronic Communications or files taking up an inordinate amount of fileserver disk space after a reasonable time.
     
  5. Revoke User privileges, remove User accounts, or refer to legal authorities, and/or School District authorities when violation of this and any other applicable School District policies, administrative regulations, rules, and procedures occur or ISP terms, local, state or federal law is violated, including, but not limited to, those governing network use, copyright, security, privacy, employment, social media, vendor access, data breach, and destruction of School District resources and equipment.

Responsibility

 

Due to the nature of the Internet as a global network connecting thousands of Computers around the world, Inappropriate Materials, including those which may be defamatory, discriminatory (as it pertains to race, color, religion, national origin, gender, marital status, age, sexual orientation, political beliefs, receipt of financial aid, or disability), inaccurate, obscene, sexually explicit, lewd, vulgar, rude, harassing, violent, inflammatory, threatening, terroristic, hateful, bullying, profane, pornographic, offensive, or illegal, can be accessed through the network and Electronic Communications Systems. Because of the nature of the technology that allows the Internet to operate, the School District cannot completely block or filter access to these resources. Accessing these and similar types of resources may be considered an unacceptable use of school resources and will result in actions explained further in the Consequences for Inappropriate, Unauthorized and Illegal Use section, found in the last section of this Policy and as provided in relevant School District policies, administrative regulations, rules, and procedures.

 

The School District must publish a current version of this Policy so that all Users are informed of their responsibilities. A copy of this Policy and CIS Acknowledgement and Consent Forms must be provided to all Users, who must sign the School District’s CIS Acknowledgement and Consent Form, either by electronic or written means.

 

Users must be proficient in, capable of, and able to use the School District’s CIS systems, and software relevant to their responsibilities. In addition, Users must practice proper etiquette, School District ethics, and agree to the requirements of this Policy, administrative regulations, rules, and procedures, ISP terms, and local, state, and federal laws.

 

If useful, the Superintendent is granted the authority to create and carry out an administrative regulation to accompany this Policy.

 

Delegation of Responsibility

 

The Superintendent or designee will serve as the coordinator to oversee the School District’s CIS systems and will work with other regional or state organizations as necessary, to educate Users, approve activities, provide leadership for proper training for all Users in the use of the CIS systems and the requirements of this Policy, establish a system to insure adequate supervision of the CIS systems, maintain executive User CIS Acknowledgement and Consent Forms, and interpret and enforce this Policy.

 

The Superintendent or designee must establish a process to set-up individual and class accounts, set quotas for disk usage on the system, establish School District Records Retention and Records Destruction Policies and a Records Retention Schedule that includes electronically stored information, and establish the School District’s virus protection process.

 

Unless otherwise denied for cause, student access to the CIS systems resources must be through supervision by the professional staff. Administrators, teachers and staff have the responsibility to work together to help students develop the skills and judgment required to make effective and appropriate use of the resources. All Users have the responsibility to respect the rights of all other Users within the School District and School District CIS systems, and to abide by the rules established by the School District, as well as ISP, local, state and federal laws.

 

The Superintendent and/or designee, has the responsibility to educate Minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyber bullying awareness and response.[14][15][16]

 

Access to CIS Systems

  1. The CIS systems accounts of Users must be used only by authorized owners of the accounts and only for authorized purposes.
     
  2. An account will be made available according to a procedure developed by appropriate School District authorities.
     
  3. The School District’s Acceptable Use of Communications and Information Systems Policy, as well as other relevant School District policies, administrative regulations, rules, and procedures, will govern use of the School District’s CIS systems for Users.
     
  4. Types of Services include, but are not limited to:
     
    1. Internet - School District employees, students, and Guests will have access to the Internet through the School District’s CIS systems, as needed.
       
    2. E-Mail and Text Messaging - School District employees may be assigned individual e-mail and text messaging accounts for work-related use, as needed. Students may be assigned individual e-mail accounts, as necessary, by the Superintendent and/or designee, and at the recommendation of the teacher who will also supervise the students’ use of the e-mail service. Students and Guests may not be assigned text message accounts.
       
    3. Guest Accounts - Guests may receive an individual Internet account with the approval of the Superintendent or designee if there is a specific School District-related purpose requiring such access. Use of the CIS systems by a Guest must be specifically limited to the School District-related purpose and comply with this Policy and all other School District policies (including the Vendor Access Policy), procedures, and rules, as well as Internet Service Provider (“ISP”) terms, local, state and federal laws and may not damage the School District’s CIS systems. A School District CIS Acknowledgement and Consent Form must be signed, and if the Guest is a Minor, a parent’s written signature is required.
       
    4. Blogs - Employees may be permitted to have School District sponsored blogs, after they receive training, and the approval of the Superintendent or designee. All bloggers must follow the rules provided in this Policy and other applicable policies (for example, the School District’s Social Media Policy), regulations (for example, the School District’s Social Media Administrative Regulation), rules, and procedures of the School District, as well as ISP terms, and local, state, and federal laws.
       
    5. Web 2.0 Second Generation Web-based Services - Certain School District authorized Second Generation Web-based services, such as social networking sites, wikis, podcasts, RSS feeds, social software, folksonomies and collaboration tools that emphasize online educational collaboration and sharing among Users may be permitted by the School District, however, such use must be approved by the Superintendent or designee, followed by training authorized by the School District. Users must comply with this Policy as well as any other relevant policies (including the School District’s Social Media Policy), regulations (for example, the School District’s Social Media Administrative Regulations) rules, and procedures including the copyright, ISP terms, and local, state, and federal laws during such use.

Parental Notification and Responsibility

 

The School District will notify the parents/guardians about the School District CIS systems and the policies, regulations, rules, and procedures governing their use. This Policy contains restrictions on accessing inappropriate material. There is a wide range of material available on the Internet, some of which may not be fitting with the particular values of the families of the students. It is not practically possible for the School District to monitor and enforce a wide range of social values in student use of the Internet. Further, the School District recognizes that parents and guardians bear primary responsibility for transmitting their particular set of family values to their children. The School District will encourage parents/guardians to specify to their child(ren) what material is and is not acceptable for their child(ren) to access through the School’s District’s CIS system. Parents/Guardians are responsible to help monitor their children’s use of the School District’s CIS systems when they are accessing the systems.

 

School District Limitation of Liability

 

The School District makes no warranties of any kind, either expressed or implied, that the functions or the services provided by or through the School District’s CIS systems will be error-free or without defect. The School District does not warrant the effectiveness of Internet filtering. The electronic information available to Users does not imply endorsement of the content by the School District, nor is the School District responsible for the accuracy or quality of the information obtained through or stored on the CIS systems. The School District shall not be responsible for any damage Users may suffer, including but not limited to, information that may be lost, damaged, delayed, misdelivered, or unavailable when using the Computers, network and Electronic Communications and Information Systems. The School District shall not be responsible for material that is retrieved through the Internet, or the consequences that may result from them. The School District shall not be responsible for any unauthorized financial obligations, charges or fees resulting from access to the School District’s CIS systems. In no event shall the School District be liable to the User for any damages whether direct, indirect, special or consequential, arising out the use of the CIS systems.

 

Prohibitions

 

The use of the School District’s CIS systems for illegal, inappropriate, unacceptable, or unethical purposes by Users is prohibited. Such activities engaged in by Users are strictly prohibited and illustrated below. The School District reserves the right to determine if any activity not appearing in the list below constitutes an acceptable or unacceptable use of the CIS systems.

 

These prohibitions are in effect any time School District resources are accessed whether on School District property, at School District events, while connected to the School District’s network, when using mobile commuting equipment, telecommunication facilities in protected and unprotected areas or environments, directly from home, or indirectly through another ISP, and if relevant, when an employee or student uses their own equipment.

 

Students are prohibited from visually possessing and using their personal Computers, as defined in this Policy, on School District premises and property (including but not limited to, buses and other vehicles), at School District events, or through connection to the School District CIS systems, unless expressed permission has been granted by an administrator, who will then assume the responsibility to supervise the student in its use, or, unless an IEP team determines otherwise, in which case, an employee will supervise the student in its use. Thus, Users are prohibited from using cell phones with or without Internet access and/or recording, and/or camera/video, and other capabilities and configurations. Cameras, and the like may not be used to take images of others, transfer them, or place them on websites without the consent of the person(s) in the image and the building principal. Students who are performing volunteer fire company, ambulance or rescue squad functions, or need such a Computer due to their medical condition, or the medical condition of a member of their family, with notice and the approval of the school administrator may qualify for an exemption of this prohibition.[17][5]

 

General Prohibitions –

 

Users are prohibited from using School District CIS systems to:

  1. Communicate about non-work or non-school related matters unless the employees’ use comports with the definition of Incidental Personal Use in this Policy.
     
  2. Send, receive, view, download, store, access, print, distribute, or transmit material that is Harmful to Minors, indecent, Obscene, pornographic, Child Pornographic, terroristic, sexually explicit, sexually suggestive. This includes but is not limited to, Visual Depictions. Examples include, taking, disseminating, transferring, or sharing Obscene, pornographic, lewd, or otherwise illegal images or photographs, whether by electronic data transfer or otherwise (such as, sexting, e-mailing, texting, among others). Nor may Users advocate the destruction of property.
     
  3. Send, receive, view, download, store, access, print, distribute, or transmit Inappropriate Matter as defined in this Policy, and material likely to be offensive or objectionable to recipients.
     
  4. Cyberbully another individual or entity. See School District’s Bullying/Cyberbullying Policy #249.[16][35]
     
  5. Access or transmit gambling information or promote or participate in pools for money, including but not limited to, basketball and football, or any other betting or games of chance.
     
  6. Participate in discussion or news groups that cover inappropriate and/or objectionable topics or materials, including those that conform to the definition of Inappropriate Matter in this Policy.
     
  7. Send terroristic threats, hateful mail, harassing communications, discriminatory remarks, and offensive or inflammatory communications.
     
  8. Participate in unauthorized Internet Relay Chats, instant messaging communications and Internet voice communications (on-line; real-time conversations) that are not for school-related purposes or required for employees to perform their job duties. Students must obtain consent from their teacher to use IRCs, however, they may not use instant messaging or text messaging. Employees may only use instant messaging if consent was obtained from the Superintendent or designee using the CIS Acknowledgement and Consent Form attached.