I. Purpose of Policy

The purpose of this policy is to:

1. Create an environment that fosters the use of electronic resources in a manner that supports and enriches the curriculum, provides opportunities for collaboration, and enhances staff professional development,
2. Ensure the safety of everyone that accesses the Hartford School District’s technology devices, network and web resources.
3. Comply with the requirements of applicable federal and state laws that regulate the provision of access to the Internet and other electronic resources by school Districts.

II. Policy Scope

This policy applies to everyone that:

• Accesses the Hartford School District’s network, collaboration and communication tools, and/or student information systems either on-site or via a remote location,

• Uses the Hartford School District’s technology devices either on or off-site.

   

  III. Definitions

As used in this policy, the following terms shall be defined in accord with federal and, where the context clearly allows, state law.

1.  Child Pornography means 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. 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 create, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.[1]

2. Harmful to minors means any picture, image, graphic image file or other visual depiction that:

   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 say 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.[2]

3. Minor means an individual who has not attained the age of 18.[3]

4. Computer means any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.[4]

5. Access to Internet means a computer that is equipped with a modem or is connected to a computer network that has access to the Internet.[5]

IV. Policy Statement

The use by students, staff or others of District electronic resources 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, receive or display on or over the District’s computers or network resources, including personal files.  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 for misuse of its electronic resources.  The District shall cooperate to the extent legally required with local, state and federal officials in any investigation concerning or related to the misuse of the District’s Internet, computers or network.

All users of District electronic resources are expected to act in a manner that is in compliance with school-wide behavior expectations, Hartford School District policies, and Federal and State laws and regulations.

The Superintendent or his or her designee shall coordinate and oversee the use of District electronic resources including the Internet, and will develop procedures necessary to implement this policy. These procedures must include:

• Educating students enrolled in Hartford School District’s schools or programs about appropriate on-line behavior, including but not limited to interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.[6]

• Provisions necessary to ensure that Internet service providers and other contractors comply with applicable restrictions on the collection and disclosure of student data and any other confidential information stored in District electronic resources. 

• Internet safety measures that provide for the monitoring and filtering of online activities by all users of District electronic resources, including minors[7], that address the following:

• Control of access to inappropriate matter on the Internet and World Wide Web that includes content that is:

• Defamatory

• Lewd, vulgar, or profane

• Threatening

• Harassing or discriminatory

• Bullying

• Terroristic

• Obscene or pornographic

• In violation of state and federal child pornography laws.[8]

• Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications.
• Prevention of unauthorized online access including “hacking,” the use of proxy sites, and unlawful activities.
• Unauthorized disclosure, use, dissemination of personal information regarding students.
• A process by which authorized individuals may temporarily disable the District’s technology protection measures to enable access for bona fide research or other lawful purpose.[9]
• Annual notification for staff, parents, and students about the policies and procedures governing the use of District electronic resources including the Internet and the limitation of liability of the District.
• A disciplinary process.

V.  References

17 U.S.C. §§101-120 (Federal Copyright Act of 1976 as amended)

20 U.S.C. § 6777 et seq. (Enhancing Education Through Technology Act)
18 U.S.C. §2251 (Federal Child Pornography Law—Sexual Exploitation and Other Abuse of Children)

47 U.S.C. §254 (Children’s Internet Protection Act)

47 CFR §54.520 (CIPA Certifications)

13 V.S.A. §§2802 et seq. (Obscenity, minors)

13 V.S.A. § 1027 (Disturbing Peace by Use of…Electronic Means)

13 V.S.A. §2605(Voyeurism)