Acceptable use of technology resources

PEIMS

The District shall participate in the Public Education Information Management System (PEIMS) and through that system shall provide information required for the administration of the Foundation School Program and of other appropriate provisions of the Education Code. The PEIMS data standards, established by the Commissioner of Education, shall be used by the District to submit information. Education Code 42.006; 19 TAC 61.1025

Children’s Internet Protection Act

Under the Children’s Internet Protection Act (CIPA), the District must, as a prerequisite to receiving universal service discount rates, implement certain Internet safety measures and submit certification to the Federal Communications Commission (FCC).  47 U.S.C. 254  [See UNIVERSAL SERVICE DISCOUNTS, below, for details]

Districts that do not receive universal service discounts but do receive certain federal funds under the Elementary and Secondary Education Act (ESEA) must, as a prerequisite to receiving these funds, implement certain Internet safety measures and submit certification to the Department of Education (DOE).  20 U.S.C. 6777  [See ESEA FUNDING, below, for details]

Definitions

“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;
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; and
3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

47 U.S.C. 254(h)(7)(G); 20 U.S.C.6777(e)(6)

“Technology protection measure” means a specific technology that blocks or filters Internet access. 47 U.S.C. 254(h)(7)

Universal Service Discounts

An elementary or secondary school having computers with Internet access may not receive universal service discount rates unless the District implements an Internet safety policy, submits certifications to the FCC, and ensures the use of computers with Internet access in accordance with the certifications. 47 U.S.C. 254(h)(5)(A), (l); 47 CFR 54.520

“Universal service” means telecommunications services including Internet access, Internet services, and internal connection services and other services that are identified by the FCC as eligible for federal universal service mechanisms. 47 U.S.C. 254(c)(3),(h)(5)(A)(ii)

Internet Safety Policy

The District shall adopt and implement an Internet safety policy that addresses:

1. Access by minors to inappropriate matter on the Internet and the World Wide Web;
2. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
3. Unauthorized access, including “hacking,” and other unlawful activities by minors on-line;
4. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
5. Measures designed to restrict minors’ access to materials harmful to minors.

47 U.S.C. 254(l)

Public Hearing

The District shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy. 47 U.S.C. 254(h)(5)(A), (l)(1)

Inappropriate for Minors

A determination regarding what matter is inappropriate for minors shall be made by the Board or designee. 47 U.S.C. 254(l)(2)

Technology Protection Measure

In accordance with the appropriate certification, the District shall operate a technology protection measure that protects minors against access to visual depictions that are obscene, child pornography, or harmful to minors; and protects adults against access to visual depictions that are obscene or child pornography. 47 U.S.C. 254(h)(5)(B), (C)

Exception for adults

An administrator, supervisor, or other person authorized by the District may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose.  47 U.S.C. 254(h)(5)(D)

Monitored Use

In accordance with the appropriate certification, the District shall monitor the on-line activities of minors. 47 U.S.C. 254(h)(5)(B) 

Certifications to the FCC

To be eligible for universal service discount rates, the District shall certify to the FCC, in the manner prescribed at 47 CFR 54.520, that:

1. An Internet safety policy has been adopted and implemented.
2. With respect to use by minors, the District is enforcing the Internet safety policy and operating a technology protection measure during any use of the computers.
3. With respect to use by adults, the District is enforcing an Internet safety policy and operating a technology protection measure during any use of the computers.

47 U.S.C. 254(h)(5); 47 CFR 54.520

ESEA Funding

Federal funds made available under Title II, Part D of the ESEA for an elementary or secondary school that does not receive universal service discount rates may not be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet unless the District:

1. Has in place a policy of Internet safety for minors that includes the operation of a technology protection measure that protects against access to visual depictions that are obscene, child pornography, or harmful to minors and enforces the operation of the technology protection measure during any use by minors of its computers with Internet access; and
2. Has in place a policy of Internet safety that includes the operation of a technology protection measure that protects against access to visual depictions that are obscene or child pornography; and enforces the operation of the technology protection measure during any use of its computers with Internet access. The District may disable the technology protection measure to enable access to bona fide research or for another lawful purpose.

Certification to DOE

The District shall certify its compliance with these requirements to the Department of Education as part of the annual application process for each program funding year under the ESEA.

20 U.S.C. 6777

Transfer of Equipment to Students

The District may transfer to a student enrolled in the District:

1. Any data processing equipment donated to the District, including equipment donated by a private donor, a state eleemosynary institution, or a state agency under Government Code 2175.126;
2. Any equipment purchased by the District; and
3. Any surplus or salvage equipment owned by the District.

Education Code 32.102(a)

Before transferring data processing equipment to a student, the District must:

1. Adopt rules governing transfers, including provisions for technical assistance to the student by the District;
2. Determine that the transfer serves a public purpose and benefits the District; and
3. Remove from the equipment any offensive, confidential, or proprietary information, as determined by the District.

Education Code 32.104

Donations

The District may accept:

1. Donations of data processing equipment for transfer to students; and
2. Gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment.

Education Code 32.102(b)

The District shall not pay a fee or other reimbursement to a state eleemosynary institution or institution or agency of higher education or other state agency for surplus or salvage data processing equipment it transfers to the District.  Government Code 2175.905(c)

Use of Public Funds

The District may spend public funds to:

1. Purchase, refurbish, or repair any data processing equipment transferred to a student; and
2. Store, transport, or transfer data processing equipment under this policy.

Education Code 32.105

Eligibility

A student is eligible to receive data processing equipment under this policy only if the student does not otherwise have home access to data processing equipment, as determined by the District. The District shall give preference to educationally disadvantaged students. Education Code 32.103

Return of Equipment

Except as provided below, a student who receives data processing equipment from the District under this policy shall return the equipment to the District not later than the earliest of:

1. Five years after the date the student receives the equipment;
2. The date the student graduates;
3. The date the student transfers to another district; or
4. The date the student withdraws from school.

If, at the time the student is required to return the equipment, the District determines that the equipment has no marketable value, the student is not required to return the equipment.

Education Code 32.106

Uniform Electronic Transactions Act

The District may agree with other parties to conduct transactions by electronic means. Any such agreement or transaction must be done in accordance with the Uniform Electronic Transactions Act.    Business and Commerce Code 43.

Cybersecurity Policy

Each district shall adopt a cybersecurity policy to:

1. Secure district cyber infrastructure against cyber attacks and other cybersecurity incidents; and
2. Determine cybersecurity risk and implement mitigation planning.

Cybersecurity Coordinator

The superintendent shall designate a cybersecurity coordinator to serve as a liaison

between the district and the Texas Education Agency (TEA) in cybersecurity matters.

Report to TEA

The district’s cybersecurity coordinator shall report to TEA any cyber attack or other cybersecurity incident against the district cyber infrastructure that constitutes a breach of system security as soon as practicable after the discovery of the attack or incident.

Report to Parent

The district’s cybersecurity coordinator shall provide notice to a parent of or person standing in parental relation to a student enrolled in the district of an attack or incident for which a report is required to TEA involving the student’s information.

Definitions:

For purposes of the district’s cybersecurity policy, the following definitions apply:

1. “Breach of system security” means an incident in which student information that is sensitive, protected, or confidential, as provided by state or federal law, is stolen or copied, transmitted, viewed, or used by a person unauthorized to engage in that action.
2. “Cyber attack” means an attempt to damage, disrupt, or gain unauthorized access to a computer, computer network, or computer system.
3. “Cybersecurity” means the measures taken to protect a computer, computer network, or computer system against unauthorized use or access.

Education Code 11.1

Security Breach Notification to Individuals

A district that owns or licenses computerized data that includes sensitive personal information shall disclose, in accordance with the notice provisions at Business and Commerce Code 521.053(e), any breach of system security, after discovering or receiving notification of the breach, to any individual whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person.  The disclosure shall be made as quickly as possible, except as provided at CRIMINAL INVESTIGATION EXCEPTION, below, or as necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

 

To the Owner or License Holder

A district that maintains computerized data that includes sensitive personal information not owned by the district shall notify the owner or license holder, in accordance with Business and Commerce Code 521.053(e), of the information of any breach of system security immediately after discovering the breach, if the sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

 

To a Consumer Reporting Agency

If the District is required to notify at one time more than 10,000 persons of a breach of system security, the District shall also notify each consumer reporting agency, as defined by 15 U.S.C. 1681a, that maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notices.  The District shall provide the notice without unreasonable delay.

 

Criminal Investigation Exception

The District may delay providing the required notice to state residents or the owner or license holder at the request of a law enforcement agency that determines that the notification will impede a criminal investigation.  The notification shall be made as soon as the law enforcement agency determines that the notification will not compromise the investigation.

 

Information Security Policy

A district that maintains its own notification procedures as part of an information security policy for the treatment of sensitive personal information that complies with the timing requirements for notice described above complies with Business and Commerce Code 521.053 if the district notifies affected persons in accordance with that policy.

Business and Commerce Code 521.053; Local Gov’t Code 205.010

Definitions

“Breach of system security” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data.  Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner.  Business and Commerce Code 521.053(a)

“Sensitive personal information” means:0.

1. An individual’s first name or first initial and last name in combination with any one or more of the following items, if the name and the items are not encrypted:
   1. Social security number;
   2. Driver’s license number or government-issued identification number; or
   3. Account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account; or
2. Information that identifies an individual and relates to:
   1. The physical or mental health or condition of the individual;
   2. The provision of health care to the individual; or
   3. Payment for the provision of health care to the individual.

“Sensitive personal information” does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government. Business and Commerce Code 521.002(a)(2), (b)

Cybersecurity Information Sharing Act

A district may, for a cybersecurity purpose and consistent with the protection of classified information, share with, or receive from, any other non-federal entity or the federal government a cyber threat indicator or defensive measure in accordance with the Cybersecurity Information Sharing Act, 6 U.S.C. Subchapter I (sections 1501–1510). 6 U.S.C. 1503(c)

Removal of Personal Information

A district sharing a cyber threat indicator pursuant to these provisions

shall, prior to sharing:

1. Review such indicator to assess whether it contains any information not directly related to a cybersecurity threat that the district knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual and remove such information; or
2. Implement and utilize a technical capability configured to remove any information not directly related to a cybersecurity threat that the district knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual.

Access to Electronic Communications

Except as otherwise provided in the Electronic Communication Privacy Act (ECPA), 18 U.S.C. 2510–22, a person commits an offense if the person: ELECTRONIC COMMUNICATION PRIVACY ACT

1. Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;
2. Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
   1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
   2. Such device transmits communications by radio, or interferes with the transmission of such communication; or
   3. Such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or
   4. Such use or endeavor to use takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or
   5. Such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;
3. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the prohibited interception of a wire, oral, or electronic communication;
4. Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the prohibited interception of a wire, oral, or electronic communication; or
5. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by 18 U.S.C. 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518; knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation; having obtained or received the information in connection with a criminal investi-gation; and with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation.

It shall not be unlawful for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any state. 18 U.S.C. 2511(1), (2)(d)

STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS ACT

The District must comply with the Stored Wire and Electronic Communications and Transactional Records Access Act, 18 U.S.C. 2701–12. Whoever intentionally accesses without authorization a facility through which an electronic communication service is provided or intentionally exceeds an authorization to access that facility and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system commits an offense. 18 U.S.C. 2701(a)

1. Intentionally accessing without authorization a facility through which an electronic communication service is provided; or
2. Intentionally exceeding an authorization to access that facility.

EXCEPTIONS

This section does not apply with respect to conduct authorized:

1. By the person or entity providing a wire or electronic communications service;
2. By a user of that service with respect to a communication of or intended for that user; or
3. By sections 18 U.S.C. 2703, 2704, or 2518.

Definitions

Electronic Communications

Means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system that affects interstate or foreign commerce. 18 U.S.C. 2510(12)

Electronic Storage

1. Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
2. Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

18 U.S.C. 2510(17)

The term encompasses only the information that has been stored by an electronic communication service provider. Information that an individual stores to the individual’s hard drive or cell phone is not in electronic storage under the statute. Garcia v. City of Laredo, 702 F.3d 788 (5th Cir. 2012)

Electronic Communications System

Means any wire, radio, electromagnetic, photo-optical or photo-electronic facilities for the trans-mission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications. 18 U.S.C. 2510(14)

Electronic Communications Service

Means any service which provides to users thereof the ability to send or receive wire or electron-ic communications. 18 U.S.C. 2510(15)

Authentication of Electronic Communication

A digital signature may be used to authenticate a written electronic communication sent to the District if it complies with rules adopted by the Board. Before adopting the rules, the Board shall consider the rules adopted by the Department of Information Resources (DIR) and, to the extent possible and practicable, shall make the Board’s rules consistent with DIR rules. Gov’t Code 2054.060; 1 TAC 203

For purposes of this policy, “technology resources” means electronic communication systems and electronic equipment.

Availability of access

Access to the District’s technology resources, including computers, the Internet, and other computer resources shall be made available to students and employees primarily for instructional and administrative purposes and in accordance with administrative regulations. Limited personal use of the system shall be permitted if the use:

1. Imposes no tangible cost on the District;
2. Does not unduly burden the District’s technology resources; and
3. Has no adverse effect on an employee’s job performance or on a student’s academic performance.

Use by Members of the Public

When possible and available and in accordance with the District’s administrative regulations, members of the District community may use the District’s technology resources, including computers, the Internet, other computer resources and software for education or District-related activities, as long as the use:

1. Does not hamper the primary mission of technology for students and staff; and
2. Imposes no measurable cost on the District; and
3. Does not unduly burden the District’s technology resources.

The equipment, software, and network resources provided through the District are and remain the property of the District. Users of District equipment shall comply with all policies, procedures, and guidelines of the District and access may be denied to any student, employee, or community member who fails to comply with those policies, procedures, and guidelines.

Acceptable Use

The Superintendent or designee shall develop and implement administrative regulations, guidelines, and user agreements consistent with the purposes and mission of the District and with law and policy.

Access to District’s technology resources, including computers, the Internet, and other computer resources is a privilege, not a right. All users shall be required to acknowledge receipt and understanding of all policies and administrative regulations governing use of the system and shall agree in writing to allow monitoring of their use and to comply with these policies, regulations, and guidelines. Noncompliance may result in suspension of access or termination of privileges and other disciplinary action consistent with District policies. [See DH, FN series, FO series, and the Student Code of Conduct] Violations of law may result in criminal prosecution as well as disciplinary action by the District.

Personal Software

Personal software may not be loaded on District computers.

District Software

All software used in District computers must be legally licensed. Proper documentation must be maintained.

Internet Safety

The Superintendent or designee shall develop and implement an Internet safety plan to:

1. Control students’ access to inappropriate materials, as well as to materials that are harmful to minors;
2. Ensure student safety and security when using electronic communications;
3. Prevent unauthorized access, including hacking and other unlawful activities; and
4. Restrict unauthorized disclosure, use, and dissemination of personally identifiable information regarding students; And
5. Educate students about cyberbullying awareness and response and about appropriate online behavior, including interacting with other individuals on social networking Web sites and in chat rooms.

Filtering

Each District computer with Internet access shall have a filtering device or software that blocks access to visual depictions that are obscene, pornographic, inappropriate for students, or harmful to minors, as defined by the federal Children’s Internet Protection Act and as determined by the Superintendent or designee.

The Superintendent or designee shall enforce the use of such filtering devices. Upon approval from the Superintendent or designee, an administrator, supervisor, or other authorized person may disable the filtering device for bona fide research or other lawful purpose.

Monitored Use

Electronic mail transmissions and other use of the District’s technology resources by students and employees shall not be considered private. The District reserves the right to monitor access to and use of e-mail, the Internet, or other network or computer-related activity, engage in routine computer maintenance and housekeeping, carry out internal investigations, prepare responses to requests for public records, or disclose messages, data, or files to law enforcement authorities. Monitoring shall occur at any time to ensure appropriate use and it shall be restricted to individuals specifically designated by the Superintendent.

Disclaimer of Liability

The District shall not be liable for users’ inappropriate use of the District’s technology resources, violations of copyright restrictions or other laws, users’ mistakes or negligence, and costs incurred by users. The District shall not be responsible for ensuring the accuracy, age appropriateness, or usability of any information found on the Internet.

Record Retention

A District employee shall retain electronic records, whether created or maintained using the District’s technology resources or using personal technology resources, in accordance with the District’s record management program. [See CPC]

Cybersecurity Plan

The district shall develop a cybersecurity plan to secure the District’s cyber infrastructure against a cyber attack or any other cybersecurity incidents, determine cybersecurity risk, and implement appropriate mitigation planning.

Security Breach Notification

Upon discovering or receiving notification of a breach of system security, the District shall disclose the breach to affected persons or entities in accordance with the time frames established by law. The District shall give notice by using one or more of the following methods:

1. Written notice.
2. Electronic mail, if the District has electronic mail addresses for the affected persons.
3. Conspicuous posting on the District’s Web site.
4. Publication through broadcast media.

The District’s cybersecurity coordinator shall disclose a breach involving sensitive, protected, or confidential student information to TEA and parents in accordance with law.

The Superintendent or designee will oversee the District’s Technology Resources.

Technology Resources are defined as the District’s network, servers, computer workstations, telephones, peripherals, applications, databases, library catalog, online resources, Internet access, e-mail, online class activities and any other technology designated for use by the District for users. Education in the proper use of technology resources will be provided for employees and students with emphasis on safe and ethical use. Education is designed to promote district standards and acceptable use of technology resources as set forth in the NISD Internet Filtering and Safety Program, Board Policy, and Acceptable Use Guidelines. Education promotes safety in electronic communications, including the internet, appropriate online behavior, and cyber bullying awareness and response. Copies of acceptable use guidelines will be provided to all users.

Consent Requirements

Copyrighted software or data may not be placed on any system connected to the District’s computer network without permission from the holder of the copyright. Only the copyright owner, or an individual the owner specifically authorizes, may upload copyrighted material to the system.

No original work created by any District student or employee will be posted on a Web page under the District’s control unless the District has received written consent from the student (and the student’s parent if the student is a minor) or employee who created the work. [See CQ(EXHIBIT E)]

No personally identifiable information about a District student will be posted on a Web page under the District’s control unless the District has received written consent from the student’s parent. An exception may be made for “directory information” as allowed by the Family Educational Rights and Privacy Act and District policy. [See CQ (EXHIBIT F) and policies at FL]

Filtering

The Superintendent will appoint an Internet Safety committee, to be co-chaired by the Assistant Superintendent and the Director of Academic Technology, Library & Textbook Services, to oversee the selection, implementation, and maintenance of filtering technology for monitoring and filtering Internet sites containing material considered inappropriate or harmful to minors. All internet access will be monitored and filtered for all devices connecting through the District’s wired and wireless network.

The categories of material considered inappropriate and to which access will be blocked will include, but not be limited to: nudity/pornography; images or descriptions of sexual acts; promotion of violence, illegal use of weapons, drug use, discrimination, or participation in hate groups; instructions for performing criminal acts (e.g., bomb making, hacking, etc.); and on-line gambling.

Requests to Disable Filter

The Internet Safety committee will review and approve or disapprove requests from users who wish to use a blocked site for bona fide research or other lawful purposes. Appeals shall be made to the Superintendent or designee.

System Access

Access to the District’s Technology Resources will be governed as follows:

1. Students in all grades will be granted access to the District computer network, as appropriate.
2. District employees will be granted access to the District’s computer network as appropriate and with the approval of the immediate supervisor.
3. A teacher with any class account(s) will be ultimately responsible for use of that account.  Teachers should never share their account or password with a student or another staff member.
4. The district will require all passwords be changed according to Administrative Regulation TEC-02.
5. Any system user identified as a security risk or as having violated District and/or campus computer use guidelines may be denied access to the District’s system. All users will be required to sign or electronically acknowledge a user agreement annually for issuance or renewal of an account.

Technology Supervision Responsibilities

The Superintendent or designees will:

1. Be responsible for disseminating and enforcing applicable District policies and acceptable use guidelines for the District’s Technology Resources.
2. Ensure that all users of the District’s computer systems annually read and acknowledge the agreement to abide by District policies and administrative regulations regarding such use. Acknowledgement of such agreements, whether written or electronic by students and staff, will be noted and recorded for reference.
3. Ensure that employees supervise Internet activity of students who use the District’s Technology Resources.
4. Ensure that employees provide training to students who use the District’s computer resources on the appropriate and safe use of this resource.
5. Ensure that all software loaded on District computers is consistent with District standards and is properly licensed.
6. Be authorized to monitor or examine all system activities, including electronic mail transmissions, as deemed appropriate to ensure student on-line safety and proper use of the District’s Technology Resources.
7. Be authorized to modify filtering policies on a computer system for bona fide research or other lawful purpose, with approval from the Internet Safety committee co-chairs.
8. Be authorized to establish and enforce a retention schedule for messages on the District e-mail system.
9. Be authorized to establish and enforce a retention schedule for messages on any electronic bulletin board and to remove messages posted locally that are deemed to be inappropriate.
10. Be authorized to conduct investigations on District owned devices when inappropriate use or for malicious activity is suspected.
11. Set and enforce limits for data storage within the District’s system, as needed.

Individual User Responsibilities

The following standards will apply to all users of the District’s Technology Resources:

Conduct on the System:

System users are expected to observe the following when using the District’s Technology Resources (e-mail, online communication applications, blogs, wikis, etc.):

1. All users are ultimately responsible for the proper use of any District accounts created on their behalf. Account information such as user logins and/or passwords should NEVER be shared with anyone else.
2. System users may not use another person’s system account to access that person’s data contents. If access to another person’s data content is needed, the supervising administrator needs written approval from the Director of Infrastructure Services, or designee who will then make the approval decision.
3. Use of encryption software or other encryption methods to purposely hide or obscure electronic communications is prohibited.
4. System users may not redistribute copyrighted programs or data without with the written permission of the copyright holder or designee. Such permission must be specified in the document or must be obtained directly from the copyright holder or designee in accordance with applicable copyright laws, District policy, and administrative regulations.
5. System users may not send, forward, or post messages that are abusive, obscene, vulgar, pornographic, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal.
6. System users may not waste the District’s Technology Resources (e.g., e-mail spamming, distribution of videos or photos, listening to Internet radio, online-gaming, etc.).
7. System users may not send text messages from a District-provided cell phone for non-District purposes.
8. System users must manage electronic mail in accordance with e-mail regulations and established retention guidelines.
9. System users should be mindful that use of school-related electronic mail addresses might cause some recipients or other readers of that communication to assume they represent the District or school, whether or not that was the user’s intention.
10. E-mails or documents containing any discussion or exchange of information about a student’s or employee’s performance or behavior should not be made available to anyone (e.g., parents, other district staff, non-district staff) without proper consent.   
11. Avoid sending e-mail to colleagues or parents that contain personally identifiable information about students or colleagues.  An employee shall not reveal confidential information concerning students or colleagues unless disclosure serves lawful professional purposes or is required by law.
12. District-wide e-mail broadcasts must be approved by the Executive Director of Communications.
13. Campus/Department-wide e-mail broadcasts must be approved by the campus Principal/Department Administrator.
14. System users may not disconnect or move District computer workstation(s) without first obtaining approval from their campus administrator/department chair/Director.  If the District computer workstation(s) require a reconnect to the network and/or configuring, then Technology Services must be contacted.  At no time shall users reconfigure District equipment.  Refer to TEC-04 for more information on procedures and cost.

Bring Your Own Device (BYOD) Guidelines

Northside ISD recognizes that mobile phones and other digital devices are an integral part of our culture and way of life and can provide considerable value, particularly in relation to individual safety.  It is also recognized that such technology will play a significant part in the education of the 21st century student, but this use should follow agreed rules and guidelines to prevent classroom disruption, student misuse and teacher difficulties. Northside will allow students and staff to bring personally owned mobile technology devices to school to support educational or district related goals.

Responsibility of Staff, Students and Parents

• Anyone bringing a personally owned mobile device to a campus or department must abide by the guidelines outlined in this regulation. Failure to follow these guidelines may subject the owner of the device to the District’s Code of Conduct or loss of use of the device.
• It is the parent’s decision to allow their children to bring a mobile device to school and they need to be aware when their child has the mobile device with them.
• Responsibility for the mobile device rests with the owner of the device and the District accepts no financial responsibility for damage, loss or theft.  The mobile device should be kept secure when not in use.  Mobile devices should not be left  in any open area unattended.
• Understand that mobile devices with data or Internet access plans have the capability of accessing unfiltered Internet content through the data plan.
• All costs for data plans and fees associated with mobile devices are the responsibility of the mobile device owner.

Acceptable Use of BYOD Devices

• Specific acceptable use of a mobile device will be determined by each campus.  These guidelines will be stated in the campus’ portion of the Student Handbook
• Each teacher has the right to allow or disallow the use of devices that support student achievement during instructional time as appropriate.
• Devices with Internet access capabilities will access the Internet only through the school’s filtered network while on school property during school hours.
• Devices should not be used in any manner or place that is disruptive to the normal routine of class/school.

Unacceptable Use of BYOD Devices

Any use of a device that interferes with or disrupts the normal procedures of the school or classroom is prohibited.  This prohibition extends to activities that occur off school property and outside of school hours if the result of that activity causes a disruption to the educational environment.

Using unauthorized proxy software or tweaking a mobile device to bypass the District filter or firewall is strictly prohibited.

• Using devices to bully and/or threaten other students or staff members is unacceptable and will not be tolerated.
• Pictures and videos must not be taken of students, teachers or other individuals without their permission.
• Any use of a device that is deemed a criminal offense, will be dealt with as such by the District.

District Responsibilities

• The District will provide a safe, filtered network according to the Children’s Internet Protection Act and expects students to access the Internet through this network.
• The Superintendent or his/her designee will deem what is appropriate for use of devices on district property or on the district’s wireless network.
• If the District has reasonable cause to believe a student or employee has violated the acceptable use agreement, a student’s (or employee’s)  device may be searched by authorized personnel.
• The District may remove the user’s network access and suspend the right to use the device on district property if it is determined that the user is engaged in unauthorized of illegal activity or is violating the Acceptable Use Policy.  Violations of the Acceptable Use Policy may result in disciplinary action.
• The District assumes no liability for students that misuse mobile devices while on school property.
• The District will educate students in identifying, promoting, and encouraging best practices for Internet safety.

Vandalism Prohibited

Any malicious attempt to harm or destroy District equipment or data or the data of another user of the District’s system or of any of the agencies or other networks that are connected to the Internet is prohibited. Deliberate attempts to degrade or disrupt system performance are violations of District policy and administrative regulations and may constitute criminal activity under applicable state and federal laws. Such prohibited activity includes, but is not limited to, the uploading, downloading, or creating of computer viruses.

Vandalism as defined above will result in the cancellation of system use privileges and will require restitution for costs associated with system restoration, as well as other appropriate consequences. [See DH, FN series, FO series, and the Student Code of Conduct]

Forgery Prohibited

Forgery or attempted forgery of electronic mail messages and/or signatures is prohibited. Attempts to read, delete, copy, modify, or deliberately interfere with another user’s ability to send/receive electronic mail, or the use of another person’s user ID and/or password is prohibited.

Information Content / Third-party Supplied Information

System users and parents of students with access to the District’s system should be aware that, despite the District’s use of technology protection measures as required by law, use of the system may provide access to other technology resources in the global electronic network that may contain inaccurate and/or objectionable material.

A student who gains access to such material is expected to discontinue the access as quickly as possible and to report the incident to the supervising teacher.

A student knowingly bringing prohibited materials into the school’s electronic environment will be subject to suspension of access and/or revocation of privileges on the District’s system and will be subject to disciplinary action in accordance with the Student Code of Conduct.

An employee knowingly bringing prohibited materials into the school’s electronic environment will be subject to disciplinary action in accordance with District policies. [See DH]

District Website

The District will maintain a District Website for the purpose of informing employees, students, parents, and members of the community of District programs, policies, and practices. Requests for publication of information on the District Website must be directed to the designated Webmaster. The Executive Director of Communications in collaboration with Technology Services will establish guidelines for the development and format of Web pages controlled by the District. Campus web pages will be linked to the District website by the District Webmaster.

No personally identifiable information regarding a student will be published on a Website controlled by the District without written permission from the student’s parent.

No commercial advertising will be permitted on a Website controlled by the District.

School or Class Web Pages

Schools or classes may publish Web pages that present information about the school or class activities to the District web server upon approval from the campus principal or designee (campus webmaster). The campus principal will designate the staff member responsible for managing the campus’ web page. Teachers will be responsible for compliance with the District’s Acceptable Use policies and the Web Publishing Guidelines in maintaining their class Web pages. Any links from a school or class Web page to sites outside the District’s computer system must also be in compliance with the District’s Acceptable Use policies and the Web Publishing Guidelines.

Student Web Pages

With the approval of the campus principal or designee, students may submit individual Web pages linked to a campus Web page. All material presented on a student’s Web page must be related to the student’s educational activities and be in compliance with the District’s Acceptable Use policies and Web Publishing Guidelines. Any links from a student’s Web page to sites outside the District’s Technology Resources must also be in compliance with the District’s Acceptable Use policies and the Web Publishing Guidelines.

Extra-curricular Organization Web Pages

Campus extracurricular organizations may not link web pages to a campus website.

Personal Web Pages

District employees, Trustees, and members of the public will not be permitted to publish personal Web pages using District resources.

Termination / Revocation of System User Account

Termination of an employee’s or a student’s access for violation of District policies or regulations will be effective on the date the principal or District supervisor receives/issues notice of revocation of system privileges, or on a future date if so specified in the notice.

Disclaimer

The District’s system is provided on an “as is, as available” basis. The District does not make any warranties, whether express or implied, including, without limitation, those of merchantability and fitness for a particular purpose with respect to any services provided by the system and any information or software contained therein. The District does not warrant that the functions or services performed by, or that the information or software contained on the system will meet the system user’s requirements, or that the system will be uninterrupted or error free, or that defects will be corrected.

Opinions, advice, services, and all other information expressed by system users, information providers, service providers, or other third-party individuals in the system are those of the providers and not the District.

The District will cooperate fully with local, state, or federal officials in any investigation concerning or relating to misuse of the District’s Technology Resources.

Complaints Regarding Copyright Compliance

The District designates the following employee to receive any complaints that copyrighted material is improperly contained in the District network:

Name:  Ray Galindo

Position: Deputy Superintendent for Administration

Address: 5900 Evers Road

Telephone: (210) 397-8771

E-mail:  Ray.Galindo@nisd.net

Transfer of Equipment to Students

The following rules will apply to all campuses and departments regarding transfer of computer equipment to students under provisions of law cited at CQ (LEGAL):

1. Proposed projects to distribute computer equipment to students must be submitted to the Assistant Superintendent for Technology Services for initial approval.
2. A student is eligible to receive computer equipment under these rules only if the student does not otherwise have home access to computer equipment, as determined by the principal and counselor.
3. In transferring computer equipment to students, the principal will give preference to educationally disadvantaged students.
4. Before transferring computer equipment to a student, the campus technology coordinator and principal must have clearly outlined:
   1. A process to determine eligibility of students;
   2. An application process that identifies the responsibility of the student regarding home placement, use, and ownership of the equipment;
   3. A process to distribute and initially train students in the setup and care of the equipment;
   4. A process to provide ongoing technical assistance for students using the equipment;
   5. A process to determine ongoing student use of the equipment;
   6. A process to determine any impact on student achievement the use of this equipment may provide; and
   7. A process for retrieval of the equipment from a student, as necessary.

Responsibility for Instructional Materials and Technology Equipment

Each student or the student’s parent or guardian is responsible for all instructional material and technological equipment not returned in an acceptable condition by the student. A student who fails to return in an acceptable condition all instructional materials and technological equipment forfeits the right to free instructional materials and technological equipment until all instructional materials and technological equipment previously issued but not returned in an acceptable condition are paid for by the student, parent, or guardian.

Education Code 31.104(d), (e), (h); 19 TAC 66.107(c)