The purpose of this policy is to set forth guidelines for access to the school district computer system and safe use of the Internet, and other electronic communications.
II. GENERAL STATEMENT
A. The Moorhead Area Public Schools shall operate an electronic network and systems to support its educational mission. The Moorhead School Board recognizes the need for its employees and students to have access to a global electronic network. Part of the district's responsibility in preparing students for the future is to provide them access to the tools they will be using as adults. The Moorhead Area Public Schools electronic network and systems is defined as computer systems owned by the district as well as other electronic systems to which the district provides intentional or unintentional access.
B. An orientation session and ongoing education on appropriate use of the Moorhead Area Public Schools computer network and systems shall be provided for each user. The use of this network and systems shall be consistent with the district's educational mission, district policy, state laws, and federal laws. In accordance with the requirements of the Child Internet Protection Act the district will monitor the online activities of minors and employ technology protection measures during any use of the electronic network by minors and adults.
III. LIMITATION ON SCHOOL DISTRICT LIABILITY
Use of the school district system is at the user's own risk. The system is provided on an "as is, as available" basis. The school district will not be responsible for any damage users may suffer, including, but not limited to, loss, damage or unavailability of data stored on school district resources such as, but not limited to, removable media, servers, cloud-based services and storage or for delays for changes in or interruptions of service or misdeliveries or nondeliveries of information or materials, regardless of the cause. The school district is not responsible for the accuracy or quality of any advice or information obtained through or stored on the school district system. The school district will not be responsible for financial obligations arising through unauthorized use of the school district system or the Internet.
IV. USE OF NETWORK AND SYSTEMS ARE A PRIVILEGE
The use of the school district network and systems and access to use of the Internet are a privilege, not a right. Depending on the nature and degree of the violation and the number of previous violations, unacceptable use of the school district system or the Internet may result in one or more of the following consequences: suspension or cancellation of use or access privileges; payments for damages and repairs; discipline under other appropriate school district policies, including suspension, expulsion, exclusion or termination of employment; or civil or criminal liability under other applicable laws. Refer to Administrative Procedures 731.1: Responsible Use of Moorhead Area Public Schools Electronic Network, 731.2: Notification of Network Use and 731.3: Use of Moorhead Area Public Schools Electronic Network Violation Report for additional guidelines regarding responsible use.
V. LIMITED EXPECTATION OF PRIVACY
A. By authorizing use of the school district system, the school district does not relinquish control over materials on the system or contained in files on the system. Users should expect only limited privacy in the contents of personal files on the school district system.
B. Routine maintenance and monitoring of the school district system may lead to a discovery that a user has violated this policy, another school district policy, or the law.
C. An individual investigation or search will be conducted if school authorities have a reasonable suspicion that the search will uncover a violation of law or school district policy.
D. Parents/guardians have the right at any time to investigate or review the contents of their child's files and e-mail files. Parents/guardians have the right to request the termination of their child's individual account at any time. The request will be reviewed by the appropriate administration.
E. School district employees should be aware that the school district retains the right at any time to investigate or review the contents of their files and e-mail files. In addition, school district employees should be aware that data and other materials in files maintained on the school district system may be subject to review, disclosure or discovery under Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act).
F. The school district will cooperate fully with local, state and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with school district policies conducted through the school district system.
The Superintendent shall establish regulations for student and employee use of the Moorhead Area Public Schools electronic network and systems. This policy will be reviewed annually for compliance with state law.
All users shall be notified of the school district policies relating to Internet use in employee and student handbooks and the website (www.moorheadschools.org
15 U.S.C. 6501 et seq. (Children's Online Privacy Protection Act)
17 U.S.C. 101 et seq. (Copyrights)
47 U.S.C. 254 (Children's Internet Protection Act of 2000 (CIPA))
47 C.F.R. 54.520 (FCC Rules Implementing CIPA)
Minn. Stat. 121A.0695 (School Board Policy; Prohibiting Intimidation and Bullying)
Minn. Stat. 125B.15 (Internet Access for Students)
Minn. Stat. 125B.26 (Telecommunications/Internet Access Equity Act)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969)
United States v. Amer. Library Assoc., 539 U.S. 194, 123 S.Ct. 2297, 56 L.Ed.2d 221 (2003)
Doninger v. Niehoff, 527 F.3d 41 (2nd Cir. 2008)
R.S. v. Minnewaska Area Sch. Dist. No. 2149, No. 12-588, 2012 WL 3870868 (D. Minn. 2012)
Tatro v. Univ. of Minnesota, 800 N.W.2d 811 (Minn. App. 2011), aff’d on other grounds 816 N.W.2d 509 (Minn. 2012)
S.J.W. v. Lee’s Summit R-7 Sch. Dist., 696 F.3d 771 (8th Cir. 2012)
Kowalski v. Berkeley County Sch., 652 F.3d 565 (4th Cir. 2011)
Layshock v. Hermitage Sch. Dist., 650 F.3d 205 (3rd Cir. 2011)
Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton R-III Sch. Dist., 853 F.Supp.2d 888 (W.D. Mo. 2012)
M.T. v. Cent. York Sch. Dist., 937 A.2d 538 (Pa. Commw. Ct. 2007)
MSBA/MASA Model Policy 524 (Internet Acceptable Use and Safety Policy)
MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School District Employees)
MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials on School Premises by Students and Employees)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 519 (Interviews of Students by Outside Agencies)
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Student Sex Nondiscrimination)
MSBA/MASA Model Policy 603 (Curriculum Development)
MSBA/MASA Model Policy 604 (Instructional Curriculum)
MSBA/MASA Model Policy 606 (Textbooks and Instructional Materials)
MSBA/MASA Model Policy 806 (Crisis Management Policy)
MSBA/MASA Model Policy 904 (Distribution of Materials on School District Property by Nonschool Persons)
Moorhead School Board Policy 414: Employee Public and Private Personnel Data
Moorhead School Board Policy 447: Employee Responsible Use of Social Media
Moorhead School Board Policy 448: Electronic Communication Between Employees and Students
Moorhead School Board Policy 502: Student Disability Nondiscrimination
Moorhead School Board Policy 503: Student Parental, Family and Marital Status
Moorhead School Board Policy 504: Protection and Privacy of Student Records
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 570: Prohibition of Harassment and Violence
Moorhead School Board Policy 571: Hazing Prohibition
Moorhead School Board Policy 578: Bullying Prohibition
Moorhead School Board Policy 601: Instructional Goals of Moorhead Area Public Schools
Moorhead School Board Policy 620: Curricular Selection and Review, Alternative
Instruction and Instructional Resource Reevaluation
Moorhead School Board Policy 710: School District Crisis Management
Moorhead School Board Policy 730: School District Copyright
Moorhead School Board Policy 906: Public Solicitation in Moorhead Area Public Schools