EHA TECHNOLOGY USAGE & STUDENT DATE PRIVACY AND SECURITY
E - SUPPORT SERVICES
TECHNOLOGY USAGE & STUDENT DATA PRIVACY AND SECURITY
Uinta County School District #1 recognizes the educational and professional value of electronics-based information technology, both as a means of access to enriching information and as a tool to develop skills that students need. The district's technology exists for the purpose of maximizing the educational opportunities and achievement of district students. The network is considered a limited purpose device. The professional enrichment of the staff and Board, and increased engagement of the students' families and other patrons of the district are assisted by technology, but are secondary to the ultimate goal of student achievement. Use of technology resources in a disruptive, manifestly inappropriate or illegal manner impairs the district’s mission, squanders resources and shall not be tolerated.
Uinta County School District Number One has developed guidelines for the collection, access, privacy, security and use of student data. The district will implement and follow the guidelines established in collaboration with the Wyoming Department of Education located in the Technology Handbook EHA-R to ensure the privacy and security of all student data. These regulations and guidelines utilize best practices from the technology industry and follow the federal Family Educational Rights and Privacy Act (FERPA). This policy, and Handbook EHA-R apply to all employees or contractors of the District. Any violation of this policy will be subject to disciplinary action allowed by Board Policy including reprimand, suspension, termination or any remedies allowed by law.
For the purposes of this policy and related regulation, procedures and forms, the following terms are defined:
User --any person who is permitted by the district to utilize any portion of the district’s technology resources including, but not limited to, students, employees, school Board members and agents of the school district.
User Identification (ID) --any identifier that would allow a user access to the district’s technology resources or to any program including, but not limited to, e-mail and Internet access.
Password --a unique word, phrase or combination of alphabetic, numeric and non-alphanumeric characters used to authenticate a user ID as belonging to a user.
The superintendent or designee shall create rules and procedures governing technology usage in the district to support the district’s policy, as needed including guidelines for the collection, access, privacy, security and the use of student data. The superintendent or designee shall assign trained personnel to maintain the district’s Technology Handbook (EHA-R) in a manner that will protect the district from liability and will protect confidential student and employee information and data retained or accessible through district technology resources. Trained personnel shall establish a retention schedule for the regular archiving or deletion of data stored on district technology resources in accordance with applicable law. Administrators of computer resources may suspend access to and/or availability of the district’s technology resources to diagnose and investigate network problems or potential violations of the law or district policies, regulations and procedures.
User Identification and Network Security
The district technology resources may be used by authorized students, employees, school Board members and other persons such as consultants, legal counsel and independent contractors. Use of the district’s technology resources is a privilege, not a right. No student, employee or other potential user will be given an ID, password or other access to district technology if he or she is considered a security risk by the superintendent or designee. Users must adhere to district policies, regulations, procedures, and other district guidelines. All users shall immediately report any security problems or misuse of the district’s technology resources to an administrator or teacher.
User Agreement and Privacy
All users must have an appropriately signed User Agreement on file with the district before they are allowed access to district technology resources. All users must agree to follow the district’s policies, regulations and procedures. In addition, all users must recognize that they do not have a legal expectation of privacy in any electronic communications or other activities involving the district’s technology. A user ID with e-mail access, if granted, is provided to users of this district's network and technology resources only on condition that the user consents in his or her User Agreement to interception of or access to all communications accessed, sent, received or stored using district technology.
Content Filtering and Monitoring
The district will monitor the on-line activities of minors and operate a technology protection measure (“filtering/blocking device”) on the network and/or all computers with Internet access, as required by law. The filtering/blocking device will attempt to protect against access to visual depictions that are obscene, harmful to minors and child pornography, as required by law. Because the district’s technology is a shared resource, the filtering/blocking device will apply to all computers with Internet access in the district. Filtering/Blocking devices are not foolproof, and the district cannot guarantee that users will never be able to access offensive materials using district equipment. Evasion or disabling, or attempting to evade or disable, a filtering/blocking device installed by the district is prohibited.
The superintendent, designee or the district's technology administrator may disable the district's filtering/blocking device to enable an adult user access for bona fide research or for other lawful purposes. In making decisions to disable the district's filtering/blocking device, the administrator shall consider whether the use will serve a legitimate educational purpose or otherwise benefit the district.
The district’s technology resources are not a public forum for expression of any kind and are to be considered a closed forum to the extent allowed by law. The district’s webpage will provide information about the school district, but will not be used as an open forum. The district’s webpage may include the district’s address, telephone number and an e-mail address where members of the public may easily communicate concerns to the administration and the Board.
All expressive activities involving district technology resources that students, parents and members of the public might reasonably perceive to bear the imprimatur of the school and that are designed to impart particular knowledge or skills to student participants and audiences are considered curricular publications. All curricular publications are subject to reasonable prior restraint, editing and deletion on behalf of the school district for legitimate pedagogical reasons. All other expressive activities involving the district’s technology are subject to reasonable prior restraint and subject matter restrictions as allowed by law and Board policies.
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Note: The reader is encouraged to review administrative procedures and/or forms for related information in support of this policy area.
Legal Refs: Children’s Internet Protection Act, 47 U.S.C. 254(h)
Electronic Communications Privacy Act, 18 U.S.C. §§ 2511 et seq.
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232(g)
Federal Wiretap Act, 18 U.S.C. §§ 2511 et.seq.
Stored Communications Act, 18 U.S.C. §§ 2701 et.seq.
Reno v. ACLU, 521 U.S. 844 (1997)
Ginsberg v. New York, 390 U.S. 629 (1968)
FCC v. Pacifica Foundation, 438 U.S. 726 (1978)
Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988)
Bethel Sch. District No. 403 v. Fraser, 478 U.S. 675 (1986)
Sony Corporation of America v. Universal City Studios, Inc., 464 U.S. 417 (1984)
Henerey by Henerey v. City of St. Charles School District, 200 F.3d. 1128 (8th Cir. 1999)
Bystrom v. Fridley High Sch. Ind. Sch. Dist., 822 F.2d 747 (8th Cir. 1987)
Urofsky v. Gilmore, 216 F.3d 401 (4th Cir. 2000)
J.S. v. Bethlehem Area Sch.Dist., 757 A.2d 412 (Pa. Comw. 2000)
Beussink v. Woodland R-IV Sch. Dist., 30 F. Supp. 2d 1175 (E.D. Mo 1998)