Student Use of Technology: Board Policy 6163.4 and Exhibit 6163.4(a)

Monterey Peninsula USD

Board Policy

Instruction BP 6163.4

Student Use Of Technology

The Governing Board intends that technological resources provided by the district be used in

a safe and responsible manner in support of the instructional program and for the advancement

of student learning. All students using these resources shall receive instruction in their proper

and appropriate use.

Teachers, administrators, and/or library media specialists are expected to review the

technological resources and online sites that will be used in the classroom or assigned to

students in order to ensure that they are appropriate for the intended purpose and the age of the

students.

The Superintendent or designee shall notify students and parents/guardians about authorized

uses of district technology, user obligations and responsibilities, and consequences for

unauthorized use and/or unlawful activities in accordance with this Board policy and the

district's Acceptable Use Agreement.

District technology includes, but is not limited to, computers, the district's computer network

including servers and wireless computer networking technology (wi-fi), the Internet, email,

USB drives, wireless access points (routers), tablet computers, smartphones and smart devices,

telephones, cellular telephones, personal digital assistants, pagers, MP3 players, wearable

technology, any wireless communication device including emergency radios, and/or future

technological innovations, whether accessed on or off site or through district-owned or

personally owned equipment or devices.

Before a student is authorized to use district technology, the student and his/her

parent/guardian shall sign and return the Acceptable Use Agreement. In that agreement, the

parent/guardian shall agree not to hold the district or any district staff responsible for the failure

of any technology protection measures or user mistakes or negligence and shall agree to

indemnify and hold harmless the district and district staff for any damages or costs incurred.

The district reserves the right to monitor student use of technology within the jurisdiction of

the district without advance notice or consent. Students shall be informed that their use of

district technology, including, but not limited to, computer files, email, text messages, instant

messaging, and other electronic communications, is not private and may be accessed by the district for the purpose of ensuring proper use. Students have no reasonable expectation of

privacy in use of the district technology. Students' personally owned devices shall not be

searched except in cases where there is a reasonable suspicion, based on specific and objective

facts, that the search will uncover evidence of a violation of law, district policy, or school rules.

The Superintendent or designee may gather and maintain information pertaining directly to

school safety or student safety from the social media activity of any district student in

accordance with Education Code 49073.6 and BP/AR 5125 - Student Records.

Whenever a student is found to have violated Board policy or the district's Acceptable Use

Agreement, the principal or designee may cancel or limit a student's user privileges or increase

supervision of the student's use of the district's equipment and other technological resources,

as appropriate. Inappropriate use also may result in disciplinary action and/or legal action in

accordance with law and Board policy.

The Superintendent or designee, with input from students and appropriate staff, shall regularly

review and update procedures to enhance the safety and security of students using district

technology and to help ensure that the district adapts to changing technologies and

circumstances.

Internet Safety

The Superintendent or designee shall ensure that all district computers with Internet access

have a technology protection measure that protects against access to visual depictions that are

obscene, child pornography, or harmful to minors and that the operation of such measures is

enforced. (20 USC 6777; 47 USC 254; 47 CFR 54.520)

To reinforce these measures, the Superintendent or designee shall implement rules and

procedures designed to restrict students' access to harmful or inappropriate matter on the

Internet and to ensure that students do not engage in unauthorized or unlawful online activities.

Harmful matter includes matter, taken as a whole, which to the average person, applying

contemporary statewide standards, appeals to the prurient interest and is matter which depicts

or describes, in a patently offensive way, sexual conduct and which lacks serious literary,

artistic, political, or scientific value for minors. (Penal Code 313)

The district's Acceptable Use Agreement shall establish expectations for appropriate student

conduct when using the Internet or other forms of electronic communication, including, but

not limited to, prohibitions against:

1. Accessing, posting, submitting, publishing, or displaying harmful or inappropriate

matter that is threatening, obscene, disruptive, or sexually explicit, or that could be

construed as harassment or disparagement of others based on their race/ethnicity,

national origin, sex, gender, sexual orientation, age, disability, religion, or political

beliefs

2. Intentionally uploading, downloading, or creating computer viruses and/or maliciously

attempting to harm or destroy district equipment or materials or manipulate the data of

any other user, including so-called "hacking"

3. Distributing personal identification information, including the name, address,

telephone number, Social Security number, or other personally identifiable

information, of another student, staff member, or other person with the intent to

threaten, intimidate, harass, or ridicule that person

The Superintendent or designee shall provide age-appropriate instruction regarding safe and

appropriate behavior on social networking sites, chat rooms, and other Internet services. Such

instruction shall include, but not be limited to, the dangers of posting one's own personal

identification information online, misrepresentation by online predators, how to report

inappropriate or offensive content or threats, behaviors that constitute cyberbullying, and how

to respond when subjected to cyberbullying.

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

adopted: June 15, 2009 Monterey, California

revised: June 14, 2016

Monterey Peninsula USD
Exhibit
Instruction
E 6163.4(a)

STUDENT USE OF TECHNOLOGY
ACCEPTABLE USE AGREEMENT AND RELEASE OF DISTRICT FROM LIABILITY (STUDENTS)

The Monterey Peninsula Unified School District authorizes students to use technology owned or otherwise provided by the district as necessary for instructional purposes. The use of district technology is a privilege permitted at the district's discretion and is subject to the conditions and restrictions set forth in applicable Board policies, administrative regulations, and this Acceptable Use Agreement. The district reserves the right to suspend access at any time, without notice, for any reason.

The district expects all students to use technology responsibly in order to avoid potential problems and liability. The district may place reasonable restrictions on the sites, material, and/or information that students may access through the system.

Each student who is authorized to use district technology and his/her parent/guardian shall sign this Acceptable Use Agreement as an indication that they have read and understand the agreement.

Definitions
District technology includes, but is not limited to, computers, the district's computer network including servers and wireless computer networking technology (wi-fi), the Internet, email, USB drives, wireless access points (routers), tablet computers, smartphones and smart devices, telephones, cellular telephones, personal digital assistants, pagers, MP3 players, wearable technology, any wireless communication device including emergency radios, and/or future technological innovations, whether accessed on or off site or through district-owned or personally owned equipment or devices.

Student Obligations and Responsibilities
Students are expected to use district technology safely, responsibly, and for educational purposes only. The student in whose name district technology is issued is responsible for its proper use at all times. Students shall not share their assigned online services account information, passwords, or other information used for identification and authorization purposes, and shall use the system only under the account to which they have been assigned.

Students are prohibited from using district technology for improper purposes, including, but not limited to, use of district technology to:

Access, post, display, or otherwise use material that is discriminatory, libelous, defamatory, obscene, sexually explicit, or disruptive
Bully, harass, intimidate, or threaten other students, staff, or other individuals ("cyberbullying")
Disclose, use, or disseminate personal identification information (such as name, address, telephone number, Social Security number, or other personal information) of another student, staff member, or other person with the intent to threaten, intimidate, harass, or ridicule that person
Infringe on copyright, license, trademark, patent, or other intellectual property rights
Intentionally disrupt or harm district technology or other district operations (such as destroying district equipment, placing a virus on district computers, adding or removing a computer program without permission from a teacher or other district personnel, changing settings on shared computers)
Install unauthorized software
"Hack" into the system to manipulate data of the district or other users
Engage in or promote any practice that is unethical or violates any law or Board policy, administrative regulation, or district practice

Privacy
Since the use of district technology is intended for educational purposes, students shall not have any expectation of privacy in any use of district technology.

The district reserves the right to monitor and record all use of district technology, including, but not limited to, access to the Internet or social media, communications sent or received from district technology, or other uses. Such monitoring/recording may occur at any time without prior notice for any legal purposes including, but not limited to, record retention and distribution and/or investigation of improper, illegal, or prohibited activity. Students should be aware that, in most instances, their use of district technology (such as web searches and emails) cannot be erased or deleted.

All passwords created for or used on any district technology are the sole property of the district. The creation or use of a password by a student on district technology does not create a reasonable expectation of privacy.

Personally Owned Devices
If a student uses a personally owned device to access district technology, he/she shall abide by all applicable Board policies, administrative regulations, and this Acceptable Use Agreement. Any such use of a personally owned device may subject the contents of the device and any communications sent or received on the device to disclosure pursuant to a lawful subpoena or public records request.

Reporting
If a student becomes aware of any security problem (such as any compromise of the confidentiality of any login or account information) or misuse of district technology, he/she shall immediately report such information to the teacher or other district personnel.

Consequences for Violation
Violations of the law, Board policy, or this agreement may result in revocation of a student's access to district technology and/or discipline, up to and including suspension or expulsion. In addition, violations of the law, Board policy, or this agreement may be reported to law enforcement agencies as appropriate.

Student Acknowledgment
I have received, read, understand, and agree to abide by this Acceptable Use Agreement and other applicable laws and district policies and regulations governing the use of district technology. I understand that there is no expectation of privacy when using district technology. I further understand that any violation may result in loss of user privileges, disciplinary action, and/or appropriate legal action.

Name: ______________________________________ Grade: _______________________
(Please print)

School: ___________________________________________________________________

Signature: _____________________________________ Date: _______________________

Parent or Legal Guardian Acknowledgment
If the student is under 18 years of age, a parent/guardian must also read and sign the agreement.

As the parent/guardian of the above-named student, I have read, understand, and agree that my child shall comply with the terms of the Acceptable Use Agreement. By signing this Agreement, I give permission for my child to use district technology and/or to access the school's computer network and the Internet. I understand that, despite the district's best efforts, it is impossible for the school to restrict access to all offensive and controversial materials. I agree to release from liability, indemnify, and hold harmless the school, district, and district personnel against all claims, damages, and costs that may result from my child's use of district technology or the failure of any technology protection measures used by the district. Further, I accept full responsibility for supervision of my child's use of his/her access account if and when such access is not in the school setting.

Name: _______________________________________ Date: ______________________
(Please print)

Signature: _________________________________________________________________

Exhibit
MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT
version: June 15, 2009
revised: June 14, 2016
Monterey, California