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Policies

TABLE OF CONTENTS

 

1. Purpose

2. Definitions

3. Authority

4. Responsibility

5. Delegation of Responsibility

6. Guidelines

Access To The CIS Systems

Parental Notification And Responsibility

School District Limitation Of Liability

Student Electronic Communications Devices

Prohibitions

General Prohibitions

Access and Security Prohibitions

Operational Prohibitions

Content Guidelines

Due Process

Search And Seizure

Copyright Infringement And Plagiarism

Selection Of Material

School District Website
Blogging

Safety And Privacy

Cloud, Virtual, and Online Storage of School District Information And Data

Consequences For Inappropriate, Unauthorized, And Illegal Use

 

Purpose

 

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

 

Computers, network, Internet, Intranet, Electronic Communications, information systems, databases, files, software, and media, collectively called “CIS systems”, provide vast, diverse and unique resources. The School District will provide access to the School District’s CIS systems for Users if there is a specific School District-related purpose to access information; to research; to collaborate; to facilitate learning and teaching; and/or 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 performance of School District job duties in compliance with this Policy, other School District policies, regulations, rules, and procedures, Internet Service Provider (ISP) and website terms, and local, state, and federal laws. For employees, Incidental Personal Use of the School District Computers is permitted as defined in this Policy. Students may only use the CIS systems for Educational Purposes, and as permitted by School District policies, regulations, rules, and procedures.

 

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, or when using its mobile commuting equipment, telecommunication facilities in protected and unprotected areas or environments, directly from home, or indirectly through another 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 device to a School District location, an event, or connect it to the School District’s network.

 

If Users’ bring personal Computers or personal electronic devices onto School District 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/or personal electronic devices contain School District information or contain information that violates a School District policy, 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 legally accessed in accordance with the law to ensure compliance with this Policy, other School District policies, regulations, rules, procedures, ISP and website terms, and local, state, and federal laws.

 

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 in the last section of this Policy, and provided in other 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:[11][12][13]

  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.[14][15]

 

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 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; RFID, and Global Positioning System (GPS) equipment; personal digital assistants (PDAs); iPods, MP3 players; USB/jump drives; iPads, Kindles, and other electronic readers; iPhones, 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; and other smartphones; beepers; paging devices, laser pointers and attachments, Pulse Pens; and any other such technology developed.[11][12][5]

 

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, photooptical or photoelectronic facilities for the transmission/transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, 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, text and instant messaging, 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:[12][13]

  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, that quality of any depiction or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:[15][16]

  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.

Inappropriate Matter - includes, but is not limited to visual, graphic, video, text and any other form of indecent, sexually explicit, Obscene, pornographic, Child Pornographic, or other material that is Harmful to Minors. Examples include: taking, disseminating, transferring, or sharing, whether by electronic transfer (such as sexting, emailing, texting, among others) or otherwise, hateful, illegal, defamatory, lewd, vulgar, profane, inflammatory, threatening, harassing, discriminating (as it pertains to race, color, religion, national origin, gender, marital status, age, sexual orientation, political beliefs, receipt of financial aid, or disability), violent, bullying/cyberbullying, flagging, terroristic, and other Inappropriate Matter and material and material specified throughout this Policy, and other School District policies, regulations, rules, and procedures. It also includes advocating the destruction of property.

 

Incidental Personal Use - incidental Personal Use of school Computers and CIS systems 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, or is excessive. Personal use must comply with this Policy and all other applicable School District policies, regulations, rules, procedures, and ISP and website 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.[11][12][13][16]

 

Obscene - under federal law, analysis of the material meets the following elements:

  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:[15][16]

  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.[12][13][16][17]

 

Technology Protection Measure(s) - a specific technology that blocks or filters Internet access to Visual Depictions that are Obscene, Child Pornographic or Harmful to Minors.[13][18]

 

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, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format, but does not include mere words.[11][19]

 

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 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 other educational entities, ISP and website terms, and local, state and federal officials in any investigation concerning or related to the misuse of the CIS systems, or other legal requests, whether criminal or civil actions.[13][20][21]

 

It is often necessary to access Users’ accounts in order to perform routine maintenance and security tasks. System administrators have the right to access by interception, and to access the stored communication of Users’ accounts for any reason in order to uphold this Policy, regulations, rules, procedures, the law, and to maintain the system. Users should have no privacy expectations 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 communication recorded, checked, received, monitored, tracked, logged, accessed and otherwise inspected or used by the School District, and to the 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.[12][22]

 

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 as defined in this Policy. Measures designed to restrict adults’ and Minors’ access to material Harmful to Minors may be disabled to enable an adult or a student (who has provided written consent from a parent/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.[12][22]

 

Expedited review and resolution of a claim that this 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/guardian for a student, and upon the written request from an adult presented to the Technology Director.[12][22]

 

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 programs, 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 protected or unprotected areas or environments, directly from home, or indirectly through another social media or ISP, as well as by other means. All actions must be conducted in accordance with the law, assist in the protection of the School District’s resources, ensure compliance with this Policy, or other School District’s policies, regulations, rules, and procedures, social media and ISP and website terms, or local, state, and federal laws.

 

The School District will cooperate to the extent legally required with social media sites, ISPs and websites, and 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 and website 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 Electronic Communications Systems, including email, text messages, and other electronic communications.
     
  4. Remove excess email 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, when violation of this and any other applicable School District policy, regulation, rule, and/or procedure occur or ISP and website terms, 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.

Due to the nature of the Internet as a global network connecting thousands of Computers around the world, Inappropriate Matter, as defined in this Policy, can be accessed through the network and Electronic Communication Systems. Because of the nature of the technology that allows the Internet to operate, the School District cannot completely block access to these resources. Accessing these and similar types of resources may be considered an unacceptable use of School District 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, 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 Form(s) must be provided to all Users, who must sign the School District’s Acknowledgement Form, either by electronic or written means.

 

Employees must be capable and able to use the School District’s CIS systems and software relevant to the employee’s responsibilities.

 

Delegation of Responsibility

 

The Technology Director, and/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, other School District policies, regulations, rules, and procedures, establish a system to ensure adequate supervision of the CIS systems, maintain executed User Acknowledgement and Consent Forms, and interpret and enforce this Policy, other relevant School District policies, regulations, rules and procedures.

 

The Technology Director, and/or designee, will establish a process for setting-up individual and class accounts, set quotas for usage on the system, establish a Record Retention and Records Destruction Policy and a Records Retention Schedule to include electronically stored information (See School District Policy and Schedule, and establish the School District virus protection process).

 

Unless otherwise denied for cause, student access to the CIS systems resources must be through supervision by 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 the School District CIS systems, and to abide by the policies, regulations, rules and procedures established by the School District, and ISP and website, and 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 cyberbullying awareness and response.[23][13][7]

 

If necessary, the Superintendent is granted the authority to create and enforce an administrative regulation(s) to accompany this Policy.

 

Access to the 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. This Policy, as well as other relevant School District policies, 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. Email and Text Messaging – School District employees may be assigned individual email and text messaging accounts for work-related use and Individual Personal Use, as needed. Students may be assigned individual email accounts, as necessary, by the Technology Director, and/or designee, and at the recommendation of the teacher who will also supervise the students’ use of the email 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 Technology Director, and/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), regulations, rules, and procedures, as well as ISP and website terms, 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 in writing or electronically by a Guest, and if the Guest is a Minor, a parent’s/guardian’s written signature also is required.
       
    4. Blogs – Employees may be permitted to have School District-sponsored blogs, after they receive training, and the approval of the Superintendent, and/or designee. All bloggers must follow the rules provided in this Policy, and all other applicable policies (for example, the School District’s Social Media Policy), regulations (for example, the School District’s Social Media Administrative Regulations), rules, and procedures of the School District, ISP and website terms, and local, state, and federal laws.[8]<
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