6141.323

Instruction

Internet Acceptable Use: Filtering

The ________________ Public Schools is fortunate to have access to the Internet at all schools.  This access provides increased opportunities for students and staff to conduct research and to communicate locally, nationally, and internationally.

This wonderful resource also provides access to material unsuitable for students and which has no educational value.  It is the responsibility of all District staff to ensure that the Internet, as used in District Schools, is appropriately guided and monitored.  Moreover, staff also has the responsibility to conduct themselves in an appropriate private manner when using the Internet.

Alternative/optional language to consider

The Board of Education provides computers, computer systems, software, electronic access privileges, and networks for students and staff to carry out the mission of the Board in an environment which ensures access to up-to-date information, management, and communication services.  Responsible use of these systems and networks is expected of all students and staff.

The computers, computer systems, software, electronic access privileges, and networks are the property of the Board of Education and are to be used only for those activities directly related to teaching, learning, and/or management by students and staff.  The equipment, infrastructure, and software are not to be used for personal gain by any student or staff member.

In order to ensure that the District’s Internet connection is used in the appropriate manner and that all users are protected from any inappropriate information published on the Internet, the District has and is continuing to implement the following:

1.  Professional development opportunities to help teachers integrate the use of    the Internet into classroom teaching.

2.  Use of the computers, computer systems, software electronic access privileges and networks shall be restricted to those users who have signed the District’s “Acceptable Use Policy.”  In the case of minors, the “Acceptable Use Policy” must also be signed by the student’s parent or guardian.

3.  Implementation of a system developed to filter out Internet sites with content considered unacceptable for student viewing.  A committee of teachers, parents, and administrators shall be used to receive appeals from users who have a specific use in mind for a filtered site.

The Internet changes rapidly making it impossible to filter all objectionable sites.  Therefore, the staff role in supervising and monitoring student access to the Internet is critical.  In addition, each individual has the responsibility to monitor their own navigation on the Internet to avoid undesirable sites.

Alternative/optional language to consider

Filtering should only be viewed as one of a number of techniques used to manage student’s access to the Internet and encourage acceptable usage.  It should not be viewed as a foolproof approach to preventing access to inappropriate material.  Filtering should be used in conjunction with:

  Educating students to be “Net-smart”

  Using recognized Internet gateways as a searching tool and/or homepage for students, in order to facilitate access to appropriate material;

  Using “Acceptable Use Agreements;”

  Using behavior management practices for which Internet access privileges can be earned or lost; and

  Appropriate supervision, either in person and/or electronically.

The placement of filters on District computers/computer systems is viewed as an exercise of the Board’s ability to determine educational suitability of all material used in the schools.

Filters may be utilized with District schools to (1) block pre-selected sites, (2) block by word, (3) block entire categories like chat and newsgroups, and (4) through a pre-selected list of approved sites.

The Superintendent of Schools is directed to establish guidelines and procedures for responsible use of computers, computer systems, software, electronic access privileges, and networks provided by the Board of Education.

For Districts participating in the federal E-Rate program:

The District recognizes its responsibility to educate students regarding appropriate behavior on social networking and chat room sites about cyberbullying. Therefore, students shall be provided instruction about appropriate online behavior, including interacting with other individuals on social networking sites and in chat rooms and cyberbullying awareness and response.

(cf. 6141.321 - Acceptable Use of the Internet)

(cf. 6141.322 - Web Sites/Pages)

Legal Reference:  Connecticut General Statutes

1-213 Access to public records. Exempt records.

10-15b Access of parent or guardians to student's records.

10-209 Records not to be public.

11-8a Retention, destruction and transfer of documents

11-8b Transfer or disposal of public records.  State Library Board to adopt regulations.

46b-56 (e) Access to Records of Minors.

Connecticut Public Records Administration Schedule V - Disposition of Education Records (Revised 1983).

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of PL 93-568, codified at 20 U.S.C. 1232g.).

Dept. of Education. 34 CFR. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Education Provisions Act (20 U.S.C. 1232g)-parent and student privacy and other rights with respect to educational records, as amended 11/21/96.

HR 4577, Fiscal 2001 Appropriations Law ( contains Children’s Internet Protection Act)

Public Law 94-553, The Copyright Act of 1976, 17 U.S.C. 101 et. seq.

Public Law 110-385 Broadband Data Improvement Act/Protecting Children in the 21st Century Act

Reno v. ACLU, 521 U.S. 844 (1997)

Ginsberg v. New York, 390 U.S. 629, at 642, n.10 (1968)

Board of Education v. Pico, 457 U.S. 868 (1988)

Hazelwood School District v. Kuhlmeier, 484 U.S. 620, 267 (1988)

Policy adopted:

6141.323

Instruction

Internet Acceptable Use: Filtering

Preface

When minors are using the Internet, access to visual depictions that are obscene, child pornography or harmful to minors must be blocked or filtered. When adults are using the Internet, only material which is obscene or child pornography must be filtered or blocked.

Definitions

1.  Obscene is to be determined by the following standards:

  Whether the average person, applying contemporary community standards, would find the work, taken as a whole, appeals to the prurient interest;

  Whether the work depicts sexual conduct in an offensive way; and

  Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

2.  Child Pornography, as defined in 18 U.S.C. 2256 means any visual depiction, including any photograph, film, video, picture, computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

  the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

  such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;

  such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or

  such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.

3.  Material “Harmful to Minors” is any picture, graphic image file or other visual depiction that:

  taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretion;

  depicts, describes, or represents, in a patently offensive way with respect to what is suitable to minors, an actual or simulated sexual act or sexual conduct, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

  taken as a whole, lacks serious literary, artistic, political, or scientific value to minors.

Criteria for Filtering of Objectionable Sites

Anything that falls under at least one of the categories below shall/may be blocked/filtered.  This list will be updated/modified as required.

Nudity/Pornography

  Prevailing U.S. standards for nudity (e.g., genitalia, female breasts)

  Provocative semi-nudity (e.g., lingerie models)

  Sites which contain pornography or links to pornographic sites

  Exceptions:  Classical nudity (e.g., Michelangelo), swimsuit models

Sexuality

  Sites which contain material of a mature level (elementary/middle school levels)

  Images or descriptions of sexual aids

  Descriptions of sexual acts or techniques

  Sites which contain inappropriate personal ads

Violence

  Sites which promote violence

  Images or a description of graphically violent acts (rape, dismemberment, torture, etc.)

  Graphic autopsy or crime-scene images

Crime

  Information of performing criminal acts (e.g., drug or bomb making, computer “hacking”)

  Illegal file archives (e.g., software piracy)

Drug Use

  Sites which promote the use of illegal drugs

  Material advocating the use of illegal drugs (e.g., marijuana, LSD) or abuse of any drug (e.g., drinking-game rules)

  Exceptions:  Material with valid educational use (e.g., drug-use statistics)

Tastelessness

  Images or descriptions of excretory acts (e.g., vomiting, urinating)

  Graphic medical images outside of a medical context

  Exception:  Graphic medical images within a medical context

Language/Profanity

  Passages/Words too coarse to be softened by the word filter

  Profanity within images/sounds/multimedia files

  Adult humor; (e.g., inappropriate for the age/grade level of the persons accessing the material)

NOTE: The focus is on American English, but profanity in other languages or dialects is blocked if brought to our attention.

Discrimination/Intolerance

  Material advocating discrimination (e.g., forms of intolerance and/or bigotry such as racial, goods, sexual orientation, disability, national origin, color or religious discrimination)

  Sites which promote intolerance, hate, or discrimination

Interactive Mail/Chat

  Sites which contain or allow inappropriate e-mail correspondence

  Sites which contain or allow inappropriate chat areas

Inappropriate Banner Acts

  Advertisements containing inappropriate images

Gambling

  Sites which allow or promote online gambling

Weapons

  Sites which promote illegal weapons

  Sites which promote the use of illegal weapons

Other Inappropriate Material

  Body modification: tattooing, branding, cutting, etc.

Judgment Calls

  Whether a page is likely to have more questionable material in the future (e.g., sites under construction whose names indicate questionable material)

Procedures For Suggesting Site Be Blocked or Unblocked

If a District staff member observes a site which they believe to contain inappropriate material according to the criteria provided here, they may request that the site (URL) be blocked.  Education Technology staff will review the site for inappropriateness.  If the site meets the criteria for filtering, steps will be taken to block the site.

Disabling Blocking/Filtering Devices

The technology protection measures used to block or filter a site may or may not be disabled during use by an adult to enable access to bona fide research or other lawful purpose. (NOTE: CIPA does not require schools or libraries to afford adults unfiltered Internet access.)

There are no exceptions to the requirement that Internet access be blocked/filtered at all times for minors. If material has been wrongly blocked, it must be unblocked by the company providing the software, after a request has been made by the school or library.

Regulation approved: