524 Policy - Internet Acceptable Use and Safety

POLICY SERIES: Students
SUBJECT: Internet Acceptable Use and Safety
BOARD APPROVED: February 2012
REVISION DATE: February 2015, May 2024, April 2025

524 Internet Acceptable Use and Safety Printable PDF

524 Internet Acceptable Use and Safety

PURPOSE
The purpose of this policy is to set forth guidelines for the safe and responsible access and use of the District’s technology. The District’s technology includes but is not limited to desktop computers, laptops, netbooks, telephones, voicemail, mobile phones, other wireless devices, mobile computing devices, and the applications they support and/or access.
GENERAL STATEMENT OF POLICY
In making decisions regarding student and employee access to the school district computer system and the Internet, including electronic communications, the school district considers its own stated educational mission, goals, and objectives. Electronic information research skills are now fundamental to preparation of citizens and future employees. Access to the school district computer system and to the Internet enables students and employees to explore thousands of libraries, databases, bulletin boards, and other resources while exchanging messages with people around the world. The school district expects that faculty will blend thoughtful use of the school district computer system and the Internet throughout the curriculum and will provide guidance and instruction to students in their use.
LIMITED EDUCATIONAL PURPOSE
The District provides students and employees with access to its technology, which includes Internet access for limited educational purposes. This limited educational purpose includes use of the District’s technology for classroom activities, educational research, and professional or career development activities consistent with the mission of the District and its policies. Use of the internet may include using electronic mail, creating Internet Web pages, and sending, receiving, storing and sharing documents. Students will receive information about safe and responsible use of the internet, including how to protect their personal information when communicating on the internet, cyberbullying, and harassment. Uses, which might be responsible on a user's private personal account on another system, may not be responsible on this limited-purpose network.
USE OF TECHNOLOGY IS A PRIVILEGE
1. The use of District technology is a privilege, not a right. When using District technology, students and staff shall not utilize language that is inappropriate in the educational setting or is disruptive to the educational process.
2. The District has the authority to impose consequences on and take disciplinary measures against any student or employee who engages in an act that has the effect of harassing, intimidating, or otherwise advocating violence or discrimination against other people that takes place through the use of District technology, use of a personal electronic device on District property, or any off-campus activities that cause or threaten to cause a substantial or material disruption at school or interference with the rights of students and employees to be secure. Depending on the nature and degree of the violation and the number of previous violations, irresponsible use of the District technology or the Internet may result in one or more of the following consequences: suspension or cancellation of use or access privileges; payments for damages and repairs; discipline under other appropriate District policies, including suspension, expulsion, exclusion or termination of employment; or civil or criminal liability under applicable laws.
UNACCEPTABLE USES
1. While not an exhaustive list, the following uses of the school district system and Internet resources or accounts are considered unacceptable:
  1. Users will not use the school district system to access, review, upload, download, store, print, post, receive, transmit, or distribute:
    1. pornographic, obscene, or sexually explicit material or other visual depictions that are harmful to minors;
    2. obscene, abusive, profane, lewd, vulgar, rude, inflammatory, threatening, disrespectful, or sexually explicit language;
    3. materials that use language or images that are inappropriate in the education setting or disruptive to the educational process;
    4. information or materials that could cause damage or danger of disruption to the educational process;
    5. materials that use language or images that advocate violence or discrimination toward other people (hate literature) or that may constitute harassment or discrimination.
  2. Users will not use the school district system to knowingly or recklessly post, transmit, or distribute false or defamatory information about a person or organization, or to harass another person, or to engage in personal attacks, including prejudicial or discriminatory attacks.
  3. Users will not use the school district system to engage in any illegal act or violate any local, state, or federal statute or law.
  4. Users will not use the school district system to vandalize, damage, or disable the property of another person or organization, will not make deliberate attempts to degrade or disrupt equipment, software, or system performance by spreading computer viruses or by any other means, will not tamper with, modify, or change the school district system software, hardware, or wiring or take any action to violate the school district’s security system, and will not use the school district system in such a way as to disrupt the use of the system by other users.
  5. Users will not use the school district system to gain unauthorized access to information resources or to access another person’s materials, information, or files without the implied or direct permission of that person.
  6. Users will not use the school district system to post private information about another person, personal contact information about themselves or other persons, or other personally identifiable information, including, but not limited to, addresses, telephone numbers, school addresses, work addresses, identification numbers, account numbers, access codes or passwords, labeled photographs, or other information that would make the individual’s identity easily traceable, and will not repost a message that was sent to the user privately without permission of the person who sent the message.
    1. This paragraph does not prohibit the posting of employee contact information on school district webpages or communications between employees and other individuals when such communications are made for education-related purposes (i.e., communications with parents or other staff members related to students).
    2. Employees creating or posting school-related webpages may include personal contact information about themselves on a webpage. However, employees may not post personal contact information or other personally identifiable information about students unless:
      1. such information is classified by the school district as directory information, and verification is made that the school district has not received notice from a parent/guardian or eligible student that such information is not to be designated as directory information in accordance with Policy 515; or
      2. such information is not classified by the school district as directory information, but written consent for release of the information to be posted has been obtained from a parent/guardian or eligible student in accordance with Policy 515. In addition, prior to posting any personal contact or personally identifiable information on a school-related webpage, employees shall obtain written approval of the content of the postings from the building administrator.
    3. These prohibitions specifically prohibit a user from utilizing the school district system to post personal information about a user or another individual on social networks, including, but not limited to, social networks such as “Facebook,” “Twitter,” “Instagram,” “Snapchat,” “TikTok,” “Reddit,” and similar websites or applications.
  7. Users will not attempt to gain unauthorized access to the school district system or any other system through the school district system, attempt to log in through another person’s account, or use computer accounts, access codes, or network identification other than those assigned to the user. Messages and records on the school district system may not be encrypted without the permission of appropriate school authorities.
  8. Users will not use the school district system to violate copyright laws or usage licensing agreements, or otherwise to use another person’s property without the person’s prior approval or proper citation, including the downloading or exchanging of pirated software or copying software to or from any school computer, and will not plagiarize works they find on the Internet.
  9. Users will not use the school district system for conducting business, for unauthorized commercial purposes, or for financial gain unrelated to the mission of the school district. Users will not use the school district system to offer or provide goods or services or for product advertisement. Users will not use the school district system to purchase goods or services for personal use without authorization from the appropriate school district official.
  10. Users will not use the school district system to engage in bullying or cyberbullying in violation of the school district’s Bullying Prohibition Policy. This prohibition includes using any technology or other electronic communication off school premises to the extent that student learning or the school environment is substantially and materially disrupted.
2. The school district has a special interest in regulating off-campus speech that materially disrupts classwork or involves substantial disorder or invasion of the rights of others. A student or employee engaging in the foregoing unacceptable uses of the Internet when off school district premises also may be in violation of this policy as well as other school district policies. Examples of such violations may include, but are not limited to, serious or severe bullying or harassment targeting particular individuals, threats aimed at teachers or other students, failure to follow rules concerning lessons, the writing of papers, the use of computers, or participation in other online school activities, and breaches of school security devices. If the school district receives a report of an unacceptable use originating from a non-school computer or resource, the school district may investigate such reports to the best of its ability. Students or employees may be subject to disciplinary action for such conduct, including, but not limited to, suspension or cancellation of the use or access to the school district computer system and the Internet and discipline under other appropriate school district policies, including suspension, expulsion, exclusion, or termination of employment.
3. If a user inadvertently accesses unacceptable materials or an unacceptable Internet site, the user shall immediately disclose the inadvertent access to an appropriate school district official. In the case of a school district employee, the immediate disclosure shall be to the employee’s immediate supervisor and/or the building administrator. This disclosure may serve as a defense against an allegation that the user has intentionally violated this policy. In certain rare instances, a user also may access otherwise unacceptable materials if necessary to complete an assignment and if done with the prior approval of and with appropriate guidance from the appropriate teacher or, in the case of a school district employee, the building administrator.
FILTER
1. With respect to any of its technology, the District may at any time monitor the online activities of minors and employ technology protection measures during any use of such computers by minors and adults. The technology protection measures utilized will block or filter internet access to any visual depictions that are 1) obscene; 2) child pornography; or 3) harmful to minors.
2. The term "harmful to minors" means any picture, image, graphic image file, or other visual depiction that:
  1. taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; or
  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 contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; or
  3. is intended to or could reasonably be expected to have the effect of promoting or inciting violence towards other people; and
  4. taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
CONSISTENCY WITH OTHER SCHOOL POLICIES
Use of the school district computer system and use of the Internet shall be consistent with school district policies and the mission of the school district.
LIMITED EXPECTATION OF PRIVACY
1. By authorizing use of its technology, the District does not relinquish control over materials on the District’s system. Users should expect only limited privacy in the materials (including personal files) on the District’s system.
2. Routine maintenance and monitoring of the school district system may lead to a discovery that a user has violated this policy, another school district policy, or the law.
3. An individual investigation or search will be conducted if school authorities have a reasonable suspicion that the search will uncover a violation of law or school district policy.
4. Parents may have the right at any time to investigate or review the contents of their child’s files and e-mail files in accordance with the school district’s Protection and Privacy of Pupil Records Policy. Parents have the right to request the termination of their child’s individual account at any time.
5. School district employees should be aware that the school district retains the right at any time to investigate or review the contents of their files and e-mail files. In addition, school district employees should be aware that data and other materials in files maintained on the school district system may be subject to review, disclosure, or discovery under Minnesota Statutes chapter 13 (Minnesota Government Data Practices Act).
6. The school district will cooperate fully with local, state, and federal authorities in any investigation concerning or related to any illegal activities or activities, not in compliance with school district policies conducted through the school district system.
INTERNET USE AGREEMENT
1. The proper use of the Internet, and the educational value to be gained from proper Internet use, is the joint responsibility of students, parents, and employees of the school district.
2. This policy requires the permission of and supervision by the school’s designated professional
  staff before a student may use a school account or resource to access the Internet.
3. The Internet Use Agreement form for students must be read and signed by the user, the parent or guardian, and the supervising teacher. The Internet Use Agreement form for employees must be signed by the employee. The form must then be filed at the school office. As supervising teachers change, the agreement signed by the new teacher shall be attached to the original agreement.
LIMITATION ON SCHOOL DISTRICT LIABILITY
Use of the school district system is at the user’s own risk. The system is provided on an “as is, as available” basis. The school district will not be responsible for any damage users may suffer, including, but not limited to, loss, damage, or unavailability of data stored on school district diskettes, tapes, hard drives, or servers, or for delays or changes in or interruptions of service or misdeliveries or non-deliveries of information or materials, regardless of the cause. The school district is not responsible for the accuracy or quality of any advice or information obtained through or stored on the school district system. The school district will not be responsible for financial obligations arising through unauthorized use of the school district system or the Internet.
USER NOTIFICATION
1. All users shall be notified of the school district policies relating to Internet use.
2. This notification shall include the following:
  1. Notification that Internet use is subject to compliance with school district policies.
  2. Disclaimers limiting the school district’s liability relative to:
    1. Information stored on school district diskettes, hard drives, or servers.
    2. Information retrieved through school district computers, networks, or online resources.
  3. Personal property used to access school district computers, networks, or online resources.
  4. Unauthorized financial obligations resulting from use of school district resources/accounts to access the Internet.
3. A description of the privacy rights and limitations of school sponsored/managed Internet accounts.
4. Notification that, even though the school district may use technical means to limit student Internet access, these limits do not provide a foolproof means for enforcing the provisions of this acceptable use policy.
5. Notification that goods and services can be purchased over the Internet that could potentially result in unwanted financial obligations and that any financial obligation incurred by a student through the Internet is the sole responsibility of the student and/or the student’s parents.
6. Notification that the collection, creation, reception, maintenance, and dissemination of data via the Internet, including electronic communications, is governed by Public and Private Personnel Data Policy, and Protection and Privacy of Pupil Records Policy.
7. Notification that, should the user violate the school district’s acceptable use policy, the user’s access privileges may be revoked, school disciplinary action may be taken and/or appropriate legal action may be taken.
8. Notification that all provisions of the acceptable use policy are subordinate to local, state, and federal laws.
PARENTS’/GUARDIAN’S RESPONSIBILITY; NOTIFICATION OF STUDENT INTERNET USE
1. Outside of school, parents/guardians bear responsibility for the same guidance of Internet use as they exercise with information sources such as television, telephones, radio, movies, and other possibly offensive media. Parents/guardians are responsible for monitoring their student’s use of the school district system and of the Internet if the student is accessing the school district system from home or a remote location.
2. Parents/guardians will be notified that their students will be using school district resources/accounts to access the Internet and that the school district will provide parents/guardians the option to request alternative activities not requiring Internet access. This notification should include:
  1. A copy of the user notification form provided to the student user.
  2. A description of parent/guardian responsibilities.
  3. A notification that the parents have the option to request alternative educational activities not requiring Internet access and the material to exercise this option.
  4. A statement that the Internet Use Agreement must be signed by the user, the parent or guardian, and the supervising teacher prior to use by the student.
  5. A statement that the school district’s acceptable use policy is available for parental review.
NOTIFICATION REGARDING TECHNOLOGY PROVIDERS
1. “Technology provider” means a person who:
  1. contracts with the school district, as part of a one-to-one program or otherwise, to provide a school-issued device for student use; and
  2. creates, receives, or maintains educational data pursuant or incidental to a contract with the school district.
2. “Parent/guardian” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.
3. Within 30 days of the start of each school year, the school district must give parents and students direct and timely notice, by United States mail, e-mail, or other direct form of communication, of any curriculum, testing, or assessment technology provider contract affecting a student’s educational data. The notice must:
  1. identify each curriculum, testing, or assessment technology provider with access to educational data;
  2. identify the educational data affected by the curriculum, testing, or assessment technology provider contract; and
  3. include information about the contract inspection and provide contact information for a school department to which a parent or student may direct questions or concerns regarding any program or activity that allows a curriculum, testing, or assessment technology provider to access a student’s educational data.
4. The school district must provide parents and students an opportunity to inspect a complete copy of any contract with a technology provider.
5. A contract between a technology provider and the school district must include requirements to ensure appropriate security safeguards for educational data. The contract must require that:
  1. the technology provider’s employees or contractors have access to educational data only if authorized; and
  2. the technology provider’s employees or contractors may be authorized to access educational data only if access is necessary to fulfill the official duties of the employee or contractor.
6. All educational data created, received, maintained, or disseminated by a technology provider pursuant or incidental to a contract with a public educational agency or institution are not the technology provider’s property.
SCHOOL-ISSUED DEVICES
1. “School-issued device” means hardware or software that the school district, acting independently or with a technology provider, provides to an individual student for that student’s dedicated personal use. A school-issued device includes a device issued through a one-to-one program.
2. Except as provided in paragraph C, the school district or a technology provider must not electronically access or monitor:
  1. any location-tracking feature of a school-issued device;
  2. any audio or visual receiving, transmitting, or recording feature of a school issued device; or
  3. student interactions with a school-issued device, including but not limited to keystrokes and web-browsing activity.
3. The school district or a technology provider may only engage in activities prohibited by paragraph B if:
  1. the activity is limited to a noncommercial educational purpose for instruction, technical support, or exam proctoring by school district employees, student teachers, staff contracted by the school district, a vendor, or the Minnesota Department of Education, and notice is provided in advance;
  2. the activity is permitted under a judicial warrant;
  3. the school district is notified or becomes aware that the device is missing or stolen;
  4. the activity is necessary to respond to an imminent threat to life or safety, and the access is limited to that purpose;
  5. the activity is necessary to comply with federal or state law, including but not limited to Minnesota Statutes section 121A.031; or
  6. the activity is necessary to participate in federal or state funding programs, including but not limited to the E-Rate program.
4. If the school district or a technology provider interacts with a school-issued device as provided in paragraph C, clause 4, it must, within 72 hours of the access, notify the student to whom the school-issued device was issued or that student’s parent and provide a written description of the interaction, including which features of the device were accessed and a description of the threat. This notice is not required at any time when the notice itself would pose an imminent threat to life or safety, but must instead be given within 72 hours after that imminent threat has ceased.
CELL PHONE USE
1. Students are prohibited from using cell phones and other electronic communication devices during instruction/class. Some programs/schools may prohibit cell phones and other electronic communication devices during the entire school day. Students also are prohibited from using a cell phone or other electronic communication device to engage in conduct prohibited by school district policies including, but not limited to, cheating, bullying, harassment, and malicious and sadistic conduct.
2. If the school district has a reasonable suspicion that a student has violated a school policy, rule, or law by use of a cell phone or other electronic communication device, the school district may search the device. The search of the device will be reasonably related in scope to the circumstances justifying the search.
3. Students who use an electronic communication device during instruction/class and/or in violation of school district policies may be subject to disciplinary action pursuant to the school district’s discipline policy. In addition, a student’s cell phone or electronic communication device may be confiscated by the school district and, if applicable, provided to law enforcement. Cell phones or other electronic communication devices that are confiscated and retained by the school district will be returned in accordance with school building procedures.
LIMIT ON SCREEN TIME FOR CHILDREN IN PRESCHOOL AND KINDERGARTEN A child in a publicly funded preschool or kindergarten program may not use an individual-use screen, such as a tablet, smartphone, or other digital media, without engagement from a teacher or other students. This section does not apply to a child for whom the school has an individualized family service plan, an individualized education program, or a 504 plan in effect.
IMPLEMENTATION; POLICY REVIEW
1. The school district administration may develop appropriate user notification forms, guidelines, and procedures necessary to implement this policy for submission to the school board for approval. Upon approval by the school board, such guidelines, forms, and procedures shall be an addendum to this policy.
2. The administration shall revise the user notifications, including student and parent notifications, if necessary, to reflect the adoption of these guidelines and procedures.
3. The school district Internet policies and procedures are available for review by all parents, guardians, staff, and members of the community.
4. Because of the rapid changes in the development of the Internet, the school board shall conduct an annual review of this policy.

CROSS REFERENCES:

Internet Filtering: A New Vision for Promoting Responsible Student Use of Information Cellular Devices Procedure
Social Media Guidelines for Staff and Students
Staff E-mail Guidelines and Operating Procedures
Staff Security Guidelines and Procedures
Equipment Management Procedures
Policy 403 (Discipline, Suspension, and Dismissal of School District Employees) Policy 406 (Public and Private Personnel Data)
Policy 505 (Distribution of Non-School-Sponsored Materials on School Premises by Students and Employees)
Policy 506 (Student Discipline)
Policy 514 (Bullying Prohibition Policy)
Policy 515 (Protection and Privacy of Pupil Records)
Policy 519 (Interviews of Students by Outside Agencies)
Policy 521 (Student Disability Nondiscrimination)
Policy 522 (Title IX Sex Nondiscrimination Grievance Procedures and Process)
Policy 603 (Curriculum Development)
Policy 604 (Instructional Curriculum)
Policy 606 (Textbooks and Instructional Materials)
Policy 806 (Crisis Management Policy)
Policy 904 (Distribution of Materials on School District Property by Nonschool Persons)

LEGAL REFERENCES:

Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act
Minn. Stat. § 13.32 (Educational Data)
Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. § 124D.166 (Limit on Screen Time for Children in Preschool and Kindergarten) Minn. Stat. § 125B.15 (Internet Access for Students)
Minn. Stat. § 125B.26 (Telecommunications/Internet Access Equity Act)
15 U.S.C. § 6501 et seq. (Children’s Online Privacy Protection Act)
17 U.S.C. § 101 et seq. (Copyrights)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
47 U.S.C. § 254 (Children’s Internet Protection Act of 2000 (CIPA))
47 C.F.R. § 54.520 (FCC rules implementing CIPA)
Mahanoy Area Sch. Dist. v. B.L., 594 U.S. ___ , 141 S. Ct. 2038 (2021)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969)
United States v. Amer. Library Assoc., 539 U.S. 1942003)
Sagehorn v. Indep. Sch. Dist. No. 728, 122 F.Supp.2d 842 (D. Minn. 2015)
R.S. v. Minnewaska Area Sch. Dist. No. 2149, 894 F.Supp.2d 1128 (D. Minn. 2012) Tatro v. Univ. of Minnesota, 800 N.W.2d 811 (Minn. App. 2011), aff’d on other grounds 816 N.W.2d 509 (Minn. 2012)
S.J.W. v. Lee’s Summit R-7 Sch. Dist., 696 F.3d 771 (8th Cir. 2012)
Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton R-III Sch. Dist., 853 F.Supp.2d 888 (W.D. Mo. 2012)
M.T. v. Cent. York Sch. Dist., 937 A.2d 538 (Pa. Commw. Ct. 2007)