To Guide District and School Compliance with
1998 Senate Bill 230, An Act Relating to School Technology
and 701 Kentucky Administrative Regulation 5:120
Prevention of Sexually Explicit Materials Transmitted to Schools via Computer
Revised, October 1998
BACKGROUND
The Master Plan for Education Technology calls for Internet access, electronic mail, and other instructional services to be available through the Kentucky Education Technology System (KETS), which includes voice, video, and data access. Accordingly, strategies for managing access and tools to help schools implement those strategies have been identified and are continually refined.
The Acceptable Use Policy Guidelines are being updated to encompass the use of filtering software in every district and school, as provided by 1998 Senate Bill 230. The purpose of filtering software is to identify and selectively prevent objectionable material from entering the school through the data network. The determination of what constitutes "objectionable" material is a local decision.
Filtering software is not 100% effective; while filters make it more difficult for objectionable material to be received or accessed, filters are not a solution in themselves. For this reason, the Department first disseminated Acceptable Use Policy Guidelines to local districts in 1995. Acceptable use policies guide access to information in electronic media, to information technology, and to networks. The purposes of such policies are: to educate; to provide protection against violations of privacy; to prevent misuse of public resources; to protect against inappropriate or destructive behaviors which occur as a result of access to electronic information resources; and, to ensure that technology resources provided through KETS are dedicated to improving student achievement and school administration. These policies also define school district parameters for acceptable use and specify the disciplinary measures to which those who violate the policy are subject. The 1995 Guidelines were issued with strong recommendation that every district adopt an acceptable use policy and have the policy signed by staff, faculty, students, and parents. While filters provide a technology-based solution, acceptable use policies address the human dimension of information access issues.
Since 1995, the majority of school districts have adopted acceptable use policies. In 1997, the Department issued recommendations for filtering technology which included a provision that the product(s) selected be capable of logging the time, date, and duration of transactions to the originating user as well as to the final destination.
Senate Bill 230, enacted during the 1998 General Assembly, requires the Kentucky Board of Education to promulgate administrative regulations to prevent sexually explicit material from being transmitted via education technology systems; directs each local school district and school to use the latest available filtering technology to ensure that sexually explicit material is not made available to students; requires the Department of Education to make filtering technology available to every school without cost; and, requires each local school district to establish a policy regarding student Internet access.
The resulting administrative regulation, 701 KAR 5:120, fulfills the requirements of 1998 Senate Bill 230. At the school district level, the regulation requires that each school district adopt and implement an acceptable use policy in every school which conforms to the guidelines issued by the Department; specifies school district responsibilities for implementing and maintaining filtering capabilities in every school; and prohibits the use of electronic mail systems which do not meet state standards.
At the state department level, 1998 SB 230 requires that the Department make filtering technology available to each school at no cost. To comply with this provision, the Department is furnishing proxy server software to school districts to address the filtering needs of every school. The software is purchased with state funds. Proxy server software allows schools to block access to specific web site addresses and to "chat room" facilities on the Internet, allows schools to filter out sites based on certain terms, and keeps a detailed log of user activity. In addition, proxy server software has significant instructional value because it saves most frequently requested web sites locally and also allows teachers to reserve and download web sites in advance of class time. These features mean that network response time is increased by 50-70%, web sites are available when the teacher needs them even if the school's network connection is temporarily lost, and students are more likely to find appropriate information the first time they search.
In addition to objectionable material which may reach students through web sites, online chat groups, and electronic mail, sexually explicit material is frequently disseminated through "Usenet" groups on the Internet. Usenet groups are almost exclusively devoted to material which is generally agreed to be inappropriate for K12 sites. For this reason and without school district objection, the Department has always blocked Usenet addresses from coming into the state through KETS and will continue to do so.
The Department provides technical assistance to school districts to support implementation of the state-provided proxy server software, provides professional development activities on implementation of acceptable use policies, and provides information on deterring and detecting inappropriate use.
IMPLEMENTATION OF ACCEPTABLE USE POLICIES
1998 Kentucky Senate Bill 230 states:
"Each local school district shall establish a policy regarding student Internet access that shall include, but not be limited to, parental consent for student Internet use, teacher supervision of student computer use, and auditing procedures to determine whether education technology is being used for the purpose of accessing sexually explicit or other objectionable material."
Kentucky school districts must implement an Acceptable Use Policy in every school which conforms to the provisions of 1998 Senate Bill 230 no later than 30 June 1999. Compliance with the provisions of 1998 Senate Bill 230 is a condition of school district participation in the offers of assistance process for education technology funds.
Three sections follow:
Acceptable Use Policy Guidelines - provides general direction and guidance to districts for the formulation, implementation and maintenance of Acceptable Use Policies;
State Requirements for Acceptable Use Policies - details the specific minimum requirements districts must meet to ensure compliance with 1998 Senate Bill 230; and,
Resources - an annotated list of web sites and other information related to acceptable use policies, helpful information for parents, and Internet filtering.
ACCEPTABLE USE POLICY GUIDELINES
WHY DO SCHOOLS NEED ACCEPTABLE USE POLICIES?
For the same reasons that schools need policies to guide the way students and staff access and use other media, schools need Board policy to guide access to information in electronic media (voice, video and data) and to networks, such as the Internet and the emerging "information highway." Generally, these policies provide reasonable protection against:
• Contact with objectionable material
• Contact with questionable material
• Contact with questionable persons
• Violation of copyright
• Abuse of intellectual property
• Objectionable behavior
• Objectionable material
• Destructive behavior
• Misuse of public resources
• Violation of privacy
• Violation of access rights
WHAT SHOULD AN ACCEPTABLE USE POLICY COVER?
1998 Senate Bill 230 requires that Acceptable Use Policies cover:
• Parental consent for student Internet use;
• Teacher supervision of student computer use; and,
• Auditing procedures to determine whether education technology is being used for the purpose of accessing sexually explicit or other objectionable material.
At a minimum, acceptable use policies should address the use of these resources:
• The Internet
• Electronic Mail
• Local Technology Resources (Hardware, Software, and the Network)
As districts implement telephones in the classroom or interactive video in the school, districts should extend acceptable use policies to the use of these technologies. Regardless, the policy should clearly identify the resources within its scope.
The Local Board's position on key points must be clear:
• The reasons why access to electronic information resources is being provided,
• The relationship between network access and the district's instructional strategy
• The responsibilities of faculty and staff
• The responsibilities of students
• The role of the parent or guardian
Finally, the policy must provide assurances that:
• The policy will be enforced
• Those who violate the policy will be held accountable
• Parents and guardians are recognized stakeholders in policy implementation
• Network access supports student achievement by fostering appropriate exploration and learning
HOW SHOULD THE POLICY BE DEVELOPED?
Policies should be developed with the involvement of School Based Decision Making councils, library media specialists, teachers, students, administrators, the school and/ or district technology coordinator(s), parents and guardians. It may be helpful to invite the participation of one or more recognized leaders in the community who do not have direct affiliation with the school system.
1) Before actual policy formulation begins, educate the policy-making group. Many persons may not have had extensive hands-on experience with either electronic mail or the Internet and may not be sure exactly what the "Internet" is. Provide the policy group with demonstrations and opportunities for hands-on learning. It is important to acknowledge that the potential for children to encounter objectionable material does exist, especially if the child is determined to seek it out and find it. It is more important, however, that the group be able to experience instructional value of the network and learn how access supports the instructional strategy and the curriculum. Through hands-on exploration the group will also gain some sense of the fact that only an extremely small percentage of the total information available on the Internet could be considered objectionable for use by P - 12 students.
2) Develop a policy which is straightforward and easy to understand. It is very helpful to draw analogies to Board policies and codes of conduct which already exist. If it is unacceptable behavior for a student or staff member to bring a paper magazine with sexually explicit pictures to school, for instance, it is unacceptable behavior for those same people to bring an electronic image of sexually explicit material into the school. If it is unacceptable behavior for a student or staff member to send someone a threatening or harassing hand-written note, it is unacceptable behavior to do the same via electronic mail. It will not be necessary to use technology terms with which the audience is not familiar because these issues are fundamentally those of behavior and personal responsibility.
3) Educate the staff, students and the parents or guardians. For the same reasons it is necessary to educate the policy-making group, policy implementation is far more likely to be successful if a general education effort is undertaken. This task can be accomplished through technology fairs, parent/teacher organization meetings, professional development programs, etc. Some districts require that parents attend a briefing session before a student can be given access to the network.
Develop parental consent forms as required by law. These forms should clearly explain the Board's definition of acceptable use, provide examples of use which is not acceptable, and stipulate the disciplinary actions or other consequences which may occur if the policy is violated. Consent forms should be based on the principle that network access is a privilege and not a right and that the privilege of access entails responsibility.
WHO SHOULD PROVIDE TRAINING AND AWARENESS ON ACCEPTABLE USE POLICY IMPLEMENTATION?
The Department recommends that a committee, typically the district technology committee, plan professional development and awareness activities to support implementation of the Acceptable Use Policies adopted. The district strategy should address awareness activities for parents as well as professional development and training for staff.
At the school level, the Library Media Specialist and the School Technology Coordinator are typically the most appropriate choices for leading local implementation of district policy.
WHAT FORMS ARE NEEDED TO IMPLEMENT ACCEPTABLE USE POLICIES?
Generally, a district will find it useful to have:
• A student acceptable use policy agreement
• A faculty and staff acceptable use policy agreement
• A parental acknowledgment and consent form
GUIDELINES AND CONSIDERATIONS FOR CONTENT
Electronic Mail
Board policy on the use of electronic mail should draw from standards for student and staff communication which already exist. For instance:
• Do not send or attach documents containing pornographic, obscene, or sexually explicit material,
• Do not transmit obscene, abusive or sexually explicit language,
• Do not use electronic mail for communications which are not directly related to instruction,
sanctioned school activities, or a person's job,
• Do not use electronic mail, for instance, for private business or personal, non-work related communications,
• Do not access, copy or transmit another's messages without permission.
Board policy should also include special safety cautions, which are again analogous to common practice:
• Students should not reveal their name and personal information to or establish relationships with "strangers" on the network, unless the communication has been coordinated by a parent or teacher.
• The school should not reveal a student's personal identity unless the parent has given written
consent.
• The school should not transmit a student's work or picture with personally identifiable
information without written parental consent.
Although the Board policy should respect the privacy rights of students and staff, the policy should state clearly that electronic mail is not guaranteed to be private. Systems administrators can, and may be required sporadically, to scan electronic mail. This aspect of an acceptable use policy might be analogous to the Board's policy on school lockers; while generally private, lockers may be searched under certain circumstances.
Local Technology Resources
Board policy on the use of local technology resources (hardware, software, and communications devices) should draw from standards for student and staff use of other school property and instructional materials in traditional formats. For instance:
• Copyrights must be respected. Copyrighted software and other instructional materials must not
be copied or transferred to another except as provided under the license agreement or copyright notice.
• Resources should not be used for private business or personal gain.
• Authorship and/or publishers of information in electronic form must be appropriately
acknowledged in writing and research (footnotes, bibliographies, etc).
• Vandalism or theft of resources (including data and files) will not be tolerated.
• Passwords must not be exchanged and other's passwords must not be used. The individual is
responsible for the security of his/her own password.
The Internet
Board policy on the use of the Internet should draw from standards for student and staff access to instructional materials in traditional formats. For instance:
Internet access through the school is to be used for instruction, research, and school administration. School access is not to be used for private business or personal, non-work related communications.
Just as teachers, library media specialists, and other educators are expected to select instructional materials and recommend research sources in print media, they will select and guide students on the use of instructional materials on the Internet.
By signing the user agreement and/or parent permission form, the student or staff member has agreed to abide by Board policy governing access. The school will assume that the individual student or staff member is complying with policy and will not unreasonably monitor or control utilization of the network.
The school will be responsible for supervising and monitoring access to the extent outlined in the user agreement and/or parent permission form.
The school will not be responsible for supervising or continually monitoring every communication and Internet session for every student and staff member beyond the scope of supervision defined in the user agreement.
Internet access from outside the school is the domain of the parents or guardians.
Students should not reveal their name and personal information to or establish relationships with "strangers" on the Internet, unless the communication has been coordinated by a parent or teacher.
The school should not reveal a student's personal identity or post a picture of the student or the student's work on the Internet with personally identifiable information unless the parent has given written consent.
INSTRUCTIONAL PRACTICE: CONSIDERATIONS
Teachers must be prepared to integrate the use of electronic resources into the classroom. Generally, the manner in which teachers evaluate instructional materials and content today will apply to the selection of electronic resources. On the Internet, however, information can be made available without being edited by a publisher, screened by a textbook committee, or selected by a known bookseller. Teachers must be cautioned that:
Quality and integrity of content on the Internet is not guaranteed. Teachers, and students provided permission to do independent research, must examine the source of the information. Is the source clearly identified? Is it an individual? An organization? An educational institution? A publisher?
In the same way that a teacher or library media specialist provides various levels of guidance to students visiting a library, the school may want to structure various levels of Internet access depending upon age, grade level, or student performance. For instance:
Very young children should probably not be provided with unsupervised access to the network. At the lower grade levels, an Internet or e-mail session maybe be best conducted with small groups and always supervised by a teacher or someone the teacher has designated.
Children in middle school, who are familiar with the network, and generally demonstrate good conduct, might be provided with limited independent access in a location where the session can be monitored.
In the upper grades, those students with good standing who have proven their ability to be responsible network users might be provided with independent, unsupervised access for research purposes.
Regardless of the level, the student must sign a user's agreement and parental permission must be secured before Internet access can be provided. The policy should acknowledge the fact that standards of behavior relating to morals and personal values are within the realm of the family. To the degree that a parent guides a child's exposure to television, videos, and music the parent should guide the child's exposure to the computer networks when giving permission for independent access or individualized study. The school cannot be held responsible if a student given parental permission for independent access intentionally accesses material which his/her family considers objectionable. In developing acceptable use policies, local Boards are advised to address "ethics," leaving issues relating to "morals" between the parent or guardian and child.
STRATEGIES FOR ENCOURAGING COMPLIANCE
In addition to adopting a policy, the local Board and the schools must adopt multiple level strategies for encouraging compliance:
Preparation of educators
Teachers and others whose duties include classroom management and/or student supervision should be provided with guidance on detecting, deterring, and documenting inappropriate use, on safe-guarding personal privacy, and on dealing with unsolicited online contact as a school safety issue.
The School Council and Community: Information about the Value of the Network
Providing parents and the community with accurate and timely information about how electronic information resources are being used in the schools to support student achievement is very important. The School Based Decision Making Council is an appropriate entity to lead this education effort in the school and community with district guidance and assistance. Parent and community education can be accomplished through technology fairs, community network projects, inviting parents to participate in the classroom, and technology lending libraries which allow parents and students to work together at home.
Familiarity with the Internet and other network services will allow school councils to make more informed judgments about the use of technology throughout the curriculum. Such education efforts will also help parents make more informed judgments about media stories or second-hand information about potential risks associated with the Internet which might otherwise cause undo concern. Their appreciation of the instructional value of these resources will engage them more pro-actively in guiding appropriate use at home and working with the school to ensure that access continues to be available.
Deterrents
To manage the student or staff member who is determined or occasionally tempted to violate acceptable use policies, certain deterrents can be put in place:
The amount of time during which individuals have unmonitored access to the network should be minimized. For students, this means that long, individual sessions in a lab setting are not advisable. Classroom group work generally discourages inappropriate use. For staff, this means that the times when inappropriate use is most likely to occur is time the individual has in an office with a door that can be shut or a computer screen turned so that it cannot be viewed by others.
Certain network management software packages allow the systems administrator to view or intervene and "take over" a user's screen. These packages are designed for problem diagnosis, to troubleshoot network problems, and to support help desk activities. Although they are not designed to scan network activity for inappropriate use, the district may decide to use them for that purpose on an occasional basis. Regardless, if the user is informed that such scanning is feasible that fact alone may deter inappropriate use.
With implementation of proxy services, schools should familiarize parents, students, faculty, and staff with the information contained in proxy logs. The fact that these logs contain detailed information about each Internet access which can be traced to the individual user usually serves as a powerful deterrent.
Disciplinary Actions and Other Consequences
All users and all parents must be informed of the consequences of violating appropriate use policies. Generally these will consequences will be one or more of the following:
• Loss of network access
• Disciplinary action
• Legal action
STATE REQUIREMENTS FOR ACCEPTABLE USE POLICIES
To ensure compliance with compliance with 1998 Senate Bill 230(4) and 701 KAR 5:120, districts are advised to include the following provisions in either the Acceptable Use policies or the administrative procedures established to implement those policies:
Parental consent requirements
("Parent" means parent or legal guardian)
• Parents shall be notified in writing that the Internet and electronic mail may be used with students as part of the instructional process.
• Parents shall be notified that students must sign a student Acceptable Use Policy agreement before direct access to Internet and electronic mail will be provided.
• Written parental consent shall be required before any student is given direct, hands-on access to the Internet or to electronic mail.
• Parents shall be notified in writing that students will be held accountable for violations of the student Acceptable Use Policy agreement and that disciplinary action may be taken.
Teacher and Staff supervision of student computer use
Teachers and others whose duties include classroom management and/or student supervision shall sign an Acceptable Use Policy agreement acknowledging responsibility for exercising reasonable supervision of student access to Internet and electronic mail.
Teachers shall not direct or advise students accessing school computing and communications networks to use electronic mail systems other than the Kentucky Education Technology System standard email system.
Auditing procedures to determine whether education technology is being used for the purpose of accessing sexually explicit material
Proxy server software shall be implemented and maintained at each district and at every school on a twenty-four hour, seven day a week basis.
Logs of Internet activity shall be examined periodically to detect access to sexually explicit or other objectionable material, as defined by the district.
Responsibility for log maintenance, examination, security and retention shall be clearly defined.
Electronic mail shall be monitored periodically to ensure that non-compliant email systems are not being used by teachers, faculty, or staff with school resources.
These, as well as other compliance issues associated with implementation of 1998 Senate Bill 230, are includes in the Assurances section of the District Consolidated Plan.
RESOURCES AND EXAMPLES OF POLICIES
Although this listing is by no means comprehensive, it will provide guidance and ideas for the development of acceptable use policies:
Armadillo Acceptable Use Policy Site, Houston Independent School District
http://www.rice.edu/armadillo/Rice/Resources/acceptable.html
A collection of resources for the guidance of students, teachers, administrators, parents, and board members in developing an acceptable use policy for the Internet.
From Now On, The Educational Technology Journal
http://fromnowon.org/fnoindex.html#Internet
Articles by Jamieson McKenzie on K12 Internet use policies.
K12 Internet Issues, American Library Association
http://www.ala.org/ICONN/index.html
ICONnect, a technology initiative of the American Association of School Librarians, provides online resources and training to assist Library Media Specialists build information literacy skills among students and develop meaningful technology-assisted curriculum connections with teachers. This site includes numerous valuable materials and information about online courses. The materials " K12 Internet Issues" are available online:
Lesson 1: Filters and PICs (http://www.ala.org/ICONN/issues1.html)
Lesson 2: Copyright (http://www.ala.org/ICONN/issues2.html)
Lesson 3: Acceptable Use Policies (http://www.ala.org/ICONN/issues3.html)
Lesson 4: Citing the Internet (http://www.ala.org/ICONN/issues4.html)
The importance of network access and equal opportunity
"America's Children and the Information Superhighway: A Briefing Book and National Action Agenda," The Children's Partnership
Santa Monica, California, 90401, E-mail HN3824@handsnet.org
A forty (40) page softcover report which explains why the emergence of America's information highway is of such critical importance to children and their education. Written for parents, educators, and policy makers, this non-technical briefing addresses children and telecommunications in the school, home, and community. The document makes a strong case for universal, equitable access to the information highway for all children to prepare them for the workforce, to supplement their education, to help them compete in an information-based economy, and to increase learning opportunities for the disadvantaged. This publication could be very useful in communicating the value of network access to parents and the community.
"Kids and families online," The Children's Partnership
http://www.childrenspartnership.org/
This report builds upon the 1994 report "America's Children and the Information Superhighway." It provides a capsule summary of where things stand today with children, families and the Internet. The update is part of The Children's Partnership program to keep the public and policymakers apprised of the children's stake in technology developments in order to help guide these developments in ways that benefit children's education, healthy development and career prospects.
You can open a new world, The Children's Partnership
http://www.childrenspartnership.org/
This new brochure is aimed at helping people in low-income communities understand and access technology. The brochure includes answers to a list of top ten questions that parents ask about computers. The answers include information on how to get started, basic computer terms and resources, and alternatives for those who can't afford a computer. The brochure is available as a PDF file at this site.
Parents Guide to the Internet, U. S. Department of Education
http://www.kidsource.com/kidsource/content4/internet_1.morph.html
Designed as an Internet primer for families, this new booklet provides basic information about the value of education technology to young learners while focusing on the Internet. The booklet presents basic terminology, suggests a variety of good sites to visit, and includes a good discussion of how to teach children about online safety. The booklet is viewable, and printable, online. Publication information says that single copies may be ordered free at 1.877.4ED.PUBS; multiple copies may be ordered for $.50 each from the Consumer Information Center, Dept. 372-E, Pueblo, CO 81009.
Student safety and privacy online: information for students and families
The Parents Guide to the Information Superhighway, Rules and Tools for Families Online, The Children's Partnership
http://www.childrenspartnership.org/
An excellent introduction to parenting in a world of computers and new forms of media. The Guide will provide some tools and rules for parents to use with your children at home, at school, and in the community. Also available online in Spanish and German.
From the National Center for Missing and Exploited Children
The following brochures are available online at the websites below and are also available free or at a very nominal fee from the Center.
Teen Safety on the Information Highway
http://www.safeteens.com/safeteens.htm
Child Safety on the information highway
http://www.safekids.com/child_safety.htm
Protecting Your Families Privacy
http://www.safekids.com/privacyissues.htm
Porno Spammers and Our Kids, Safekids.com
http://www.larrysworld.com/articles/pornospam.htm
An article by Larry Magid for Safekids.Com on the dangers children may encounter through electronic mail. The article may be helpful when describing to parents why Kentucky law prohibits schools from using free, unmonitored email systems.
Ballad of an Email Terrorist, Web 66, Al Rogers
http://web66.coled.umn.edu/ramble/Rogers.html
A recounting of a circumstance in which objectionable email was transmitted to a student from an unknown sender outside the school. The document relates events, tells how the school eventually identified the sender, and how the school dealt with the situation. This resource may be useful as a case study.
Safekids.Com
http://www.safekids.com
This site contains Online Safety Rules for Kids, Guidelines for Parents, an Online Safety Slide Show, and articles on protecting children's privacy online such as"Online Safety and Critical Thinking: The Lessons Children Learn on the Internet Today Could Save Their Lives Tomorrow.