The Bayless School District's technology exists for the purpose of maximizing the educational
opportunities and achievement of district students. Research shows that students who have access
to technology improve achievement. In addition, technology assists with the professional enrichment
of the staff and Board and increases engagement of students' families and other patrons of the
district, all of which positively impact student achievement. The district will periodically conduct
a technology census to ensure that instructional resources and equipment that support and extend the
curriculum are readily available to teachers and students.
The purpose of this policy is to facilitate access to district technology and to create a safe
environment in which to use that technology.
Definitions
For the purposes of this policy and related procedures and forms, the following terms are defined:
Technology Resources – Technologies, devices and resources used to access, process, store or
communicate information. This definition includes, but is not limited to: computers, modems,
printers, scanners, fax machines and transmissions, telephonic equipment, audio-visual equipment,
Internet, electronic mail, electronic communications devices and services, multi-media resources,
hardware and software.
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.
Authorized Users
The district’s technology resources may be used by authorized students, employees, School Board
members and other persons such as consultants, legal counsel and independent contractors. All users
must agree to follow the district’s policies and procedures. Unless authorized by the superintendent
or designee, all users must have a signed User Agreement on file with the district before they are
allowed access to district technology resources.
Use of the district’s technology resources is a privilege, not a right. No 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.
User Privacy
A user does not have a legal expectation of privacy in the user’s electronic communications or other
activities involving the district’s technology resources, including e-mail and access to the Internet
or network drives. By using the district's network and technology resources, all users are consenting
to having their electronic communications and all other use monitored by the district. A user ID with
e-mail access will only be provided to authorized users on condition that the user consents to
interception of or access to all communications accessed, sent, received or stored using district
technology
Electronic communications, downloaded material and all data stored on the district’s technology
resources, including files deleted from a user’s account, may be intercepted, accessed or searched
by district administrators or designees at any time in the regular course of business to protect users
and district equipment. Any such search, access or interception will be reasonable in inception and
scope and shall comply with all applicable laws.
Technology Administration
The Board directs the superintendent or designee to create procedures governing technology usage
and to assign trained personnel to maintain the district’s technology in a manner that will protect the
district from liability and will protect confidential student and employee information retained on or
accessible through district technology resources.
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 and procedures. All district technology resources are considered district property.
The district may maintain or improve technology resources at any time. The district may remove,
change or exchange hardware or other technology between buildings, classrooms or users at any time
without prior notice. Authorized district personnel may install or remove new programs or
information, install new equipment, upgrade any system or enter any system to correct problems at
any time.
Content Filtering and Monitoring
The district will monitor the online 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 be used to protect against access to visual depictions that
are obscene or harmful to minors or are child pornography, as required by law. 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 a non-student 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.
Closed Forum
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.
All expressive activities involving district technology resources that students, parents/guardians and
members of the public might reasonably perceive to bear the authorization of the district 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.
Records Retention
Trained personnel shall establish a retention schedule for the regular archiving or deletion of data
stored on district technology resources that complies with the Public School District Records
Retention Manual as well as the General Records Retention Manual published by the Missouri
Secretary of State. In the case of pending or threatened litigation, the district's attorney will issue
a litigation hold directive to the superintendent or designee.
The litigation hold directive will override any records retention schedule that may have otherwise
called for the transfer, disposal or destruction of relevant documents until the hold has been lifted
by the district's attorney. E-mail and computer accounts of separated employees that have been
placed on a litigation hold will be maintained by the district's information technology department
until the hold is released. No employee who has been so notified of a litigation hold may alter or
delete any electronic record that falls within the scope of the hold. Violation of the hold may subject
the individual to disciplinary actions, up to and including termination of employment, as well as
personal liability for civil and/or criminal sanctions by the courts or law enforcement agencies.
Violations of Technology Usage Policies and Procedures
Use of technology resources in a disruptive, manifestly inappropriate or illegal manner impairs the
district’s mission, squanders resources and shall not be tolerated. Therefore, a consistently high level
of personal responsibility is expected of all users granted access to the district’s technology
resources. Any violation of district policies or procedures regarding technology usage may result
in temporary, long-term or permanent suspension of user privileges. User privileges may be
suspended pending investigation into the use of the district’s technology resources.
Employees may be disciplined or terminated, and students suspended or expelled, for violating the
district’s technology policies and procedures. Any attempted violation of the district's technology
policies or procedures, regardless of the success or failure of the attempt, may result in the same
discipline or suspension of privileges as that of an actual violation.
Damages
All damages incurred by the district due to a user's intentional or negligent misuse of the district's
technology resources, including loss of property and staff time, will be charged to the user. District
administrators have the authority to sign any criminal complaint regarding damage to district
technology.
No Warranty/No Endorsement
The district makes no warranties of any kind, whether expressed or implied, for the services,
products or access it provides. The district's technology resources are available on an "as is, as
available" basis.
The district is not responsible for loss of data, delays, nondeliveries, misdeliveries or service
interruptions. The district does not endorse the content nor guarantee the accuracy or quality of
information obtained using the district's technology resources.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
related information.
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Adopted: 08/20/1997
Revised: 12/18/2002; 04/16/2008
Cross Refs: AC, Prohibition Against Illegal Discrimination and Harassment
IGDB, Student Publications
IGDBA, Distribution of Noncurricular Student Publications
JO, Student Records
KB, Public Information Program
MSIP Refs: 6.4, 6.8
Legal Refs: §§ 170.051, 182.827, 431.055, 537.525, 542.402, 569.095 - .099, 610.010 - .028,
RSMo.
Chapter 109, RSMo.
Chapter 573, RSMo.
Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2520
Stored Communications Act, 18 U.S.C. §§ 2701 - 2711
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g
Children’s Internet Protection Act, 47 U.S.C. § 254(h)
Federal Rule of Civil Procedure 34
Reno v. ACLU, 521 U.S. 844 (1997)
Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988)
Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675 (1986)
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984)
FCC v. Pacifica Foundation, 438 U.S. 726 (1978)
Ginsberg v. New York, 390 U.S. 629 (1968)
Biby v. Bd. of Regents of the Univ. of Nebraska, 419 F.3d 845 (8th Cir. 2005)
Henerey by Henerey v. City of St. Charles Sch. Dist., 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)
Beussink v. Woodland R-IV Sch. Dist., 30 F. Supp. 2d 1175 (E.D. Mo 1998)
J.S. v. Bethlehem Area Sch. Dist., 757 A.2d 412 (Pa. Commw. 2000)
Bayless School District, St. Louis, Missouri
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