Student Board Policy 6163.4

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EBoard Policy

Student Use Of Technology

The Governing Board intends that District technology resources be used in a safe and responsible manner to support the instructional program and advance student learning. Students shall receive instruction in the appropriate use of such technology, and staff shall review digital resources to ensure suitability for the intended educational purpose and the age of the students.

The Superintendent or designee shall inform students and parents/guardians of authorized uses of District technology, user obligations and responsibilities, and consequences for misuse in accordance with Board policy and the District’s Acceptable Use Agreement. Prior to accessing District technology, students and their parent/guardian shall sign the Acceptable Use Agreement, acknowledging the terms of use and agreeing to hold the District harmless for any damages arising from use.

District technology includes all electronic resources provided or operated by the District, whether accessed on-campus or off-site, and includes both District-owned and personally owned devices when used to access District systems. The District reserves the right to monitor student use of technology without advance notice, and students shall have no reasonable expectation of privacy when using District technology. Personally owned devices may be subject to search when there is reasonable suspicion of a violation of law, policy, or school rules.

Students shall use District technology in a responsible, ethical, and lawful manner. The District may collect and maintain information related to student safety, including information from social media, in accordance with applicable law. Violations of Board policy or the Acceptable Use Agreement may result in suspension or revocation of technology privileges, increased supervision, disciplinary action, and/or referral for legal action.

The Superintendent or designee shall ensure that technology protection measures are in place to prevent access to obscene material, child pornography, and matter harmful to minors, and shall implement procedures to restrict access to inappropriate content and prevent unauthorized or unlawful activities. “Harmful matter” shall be defined in accordance with Penal Code 313.

The Acceptable Use Agreement shall establish expectations for appropriate student conduct when using District technology, including prohibitions against accessing or distributing harmful or inappropriate content; engaging in harassment or discrimination; creating or transmitting malicious software; attempting to damage or disrupt District systems; or distributing personal identifying information with the intent to intimidate, threaten, or harm others.

The District shall provide age-appropriate instruction on safe and responsible online behavior, including the risks associated with sharing personal information, interaction with unknown individuals, recognition of cyberbullying, and appropriate responses to online threats or misconduct.

The District shall regularly review and update procedures to maintain the safety and security of students and to ensure alignment with evolving technologies and legal requirements.

Lake Elsinore Unified School District employees to use district technology, as defined in Board Policy 4040 - Employee Use of Technology

Additional Information regarding Staff Board Policies could be found here:

EBoard Policy

 Employees are authorized to use district equipment to access the Internet and online services in accordance with Board policy, the district’s Acceptable Use Agreement, and the requirements set forth herein. The employee to whom an account is assigned is responsible for its proper use at all times and shall maintain the confidentiality of account information, including passwords and personal data. Use of the system shall occur only under the assigned account.

District technology resources shall be used safely, responsibly, and primarily for work-related and educational purposes. Employees shall not access, transmit, or display material that is harmful, threatening, obscene, disruptive, or otherwise inappropriate, including content that may be construed as harassment or discrimination. Employees shall not use district systems to engage in unlawful activities, unethical practices, or commercial or for-profit activities without authorization from the Superintendent or designee.

Users shall comply with all applicable copyright laws and shall not interfere with, access, or alter the accounts, communications, or data of other users. The creation of websites, blogs, or other online communications representing the district or using district resources is prohibited without prior approval and must comply with established district guidelines, including requirements related to copyright, privacy, and appropriate content. Users shall report any misuse or security concerns to the Superintendent or designee.

District technology resources exist to support instructional, administrative, and professional activities. All users are expected to act in a responsible, ethical, and legal manner. Acceptable use includes activities that directly support instruction, research, communication, and district operations. Any use that is unrelated to district purposes or inappropriate in an educational environment is prohibited.
Prohibited uses include, but are not limited to, accessing or distributing offensive or disruptive content; engaging in non-work-related or personal business activities; sending unsolicited or non-professional communications such as spam or chain emails; disrupting system operations; installing unauthorized software; introducing malicious code; violating copyrights or licenses; or accessing another user’s account or data without authorization.

Users shall not damage, alter, or misuse district equipment, systems, or data. Any activity that interferes with the work of others or the operation of district systems is prohibited. Employees must comply with all applicable laws, including provisions relating to the protection of minors from harmful materials.

District technology resources and user accounts are the property of the district. Users have no expectation of privacy in materials created, transmitted, or stored on district systems. The district reserves the right to monitor, access, and review all use of its systems and to remove material that violates policy or law. Electronic records may be subject to disclosure under the California Public Records Act (CPRA), and the district may cooperate with law enforcement as required.

Users are responsible for safeguarding confidential information and recognizing that electronic communications are not secure. The district is not responsible for damages resulting from the use of its systems, including exposure to offensive or unauthorized content.

Use of district technology is a privilege, not a right. Violations of this policy may result in suspension or revocation of access and may lead to disciplinary action, up to and including termination, and/or legal consequences.

When using videoconferencing platforms, employees shall conduct themselves in a personal, polite, positive, and professional manner, use only district-approved platforms, notify participants when sessions are recorded, and comply with all district requirements regarding recording, storage, and distribution. Any concerns regarding use shall be reported to site or district administration.

The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 that protects the privacy of student education records. 
 
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
 
Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations such as WASC;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.
 
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
 
“Family Educational Rights and Privacy Act (FERPA).” Home, US Department of Education (ED), 15 Dec. 2020, www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

Established in 1978, the PPRA (20 U.S.C. § 1232h, 34 CFR Part 98) affords parents of students certain rights regarding, among other things, participation in surveys, the collection and use of information for marketing purposes, and certain physical exams.
 
These include, but are not limited to, the right to:
 
Consent before students are required to submit to a survey that concerns one or more of the
following eight protected areas:
Political affiliations or beliefs of the student or student’s parent;
Mental or psychological problems of the student or student’s family;
Sex behavior or attitudes;
Illegal, anti-social, self-incriminating, or demeaning behavior;
Critical appraisals of others with whom respondents have close family relationships;
Legally recognized privileged or analogous relationships, such as with lawyers, doctors, or
ministers;
Religious practices, affiliations, or beliefs of the student or student’s parent; or
Income, other than as required by law to determine program eligibility.
 
Receive notice and an opportunity to opt a student out of –
Any protected information survey administered or distributed to a student by a school district
Any non-emergency, invasive physical examination or screening required by a school district as a
condition of attendance; administered by the school and scheduled by the school in advance;
and, that is not necessary to protect the immediate health and safety of a student, with some
exceptions; and
Activities of an LEA involving collection, disclosure, or use of personal information collected
from students for the purpose of marketing or sale (or to otherwise distribute such information
to others for that purpose), with some exceptions.
Inspect, upon request –
Protected information surveys and surveys created by a third party, before the administration or distribution by a school district of the surveys to a student;
Any instrument used by a school district to collect personal information for the purpose of marketing or sale (or otherwise distributing such information for that purpose), before the instrument is administered or distributed to a student, with some exceptions; and
Instructional material, excluding academic tests or academic assessments, used by a district as part of the educational curriculum for a student.
These rights transfer from the parents to the student when the student turns 18 years old or becomes an
emancipated minor under applicable State law.
 
Requirements of LEAs under PPRA
LEAs are required to develop and adopt policies, in consultation with parents, to address the protection of
student privacy and parents’ rights under PPRA, including those discussed above. In addition, LEAs
must directly notify parents of these policies at least annually, at the start of each school year, and within
a reasonable period after any substantive change to the policies.
LEAs must also directly notify, such as through U.S. Mail or email, parents of students who are scheduled
or expected to be scheduled to participate in any of the activities or surveys listed below and must provide
an opportunity for parents to opt their child out of participation. LEAs must make this notification to
parents at least annually at the beginning of the school year, and this notification must include the specific
or approximate dates when the activities or surveys are scheduled or expected to be scheduled. For
activities or surveys that are scheduled after the school year starts, LEAs must provide parents with
reasonable notification and an opportunity to review, as well as an opportunity to opt their child out.
 
These activities and surveys involve:
• Collection, disclosure, or use of personal information collected from students for the purpose of
marketing or sale (or otherwise distributing such information to others for that purpose), with
some exceptions;
• Administration or distribution to a student of any protected information survey not funded as part
of a program administered by the Department or funded as part of a program administered by the
Department but to which students are not required to submit; and
• Certain non-emergency, invasive physical examinations or screenings, as described above.

Established in 2000, The Children’s Internet Protection Act (“CIPA”) is a federal law enacted to address concerns regarding children’s access to obscene or harmful content over the Internet. CIPA imposes requirements on LEAs that receive discounts for Internet access or internal connections through the federal E-rate program. In order to receive E-rate funding, LEAs must certify that they have in place an Internet safety policy that includes certain technology protection measures. Public Notice Requirement Prior to adoption and certification of an Internet safety policy, CIPA requires sufficient public notice for at least one public meeting to address the proposed policy. A public meeting called for the purpose of complying with CIPA must be open to all.
 
What is Required for Certification of the Internet Safety Policy? LEAs subject to CIPA may not receive discounts offered through the E-rate program unless they do the following: # Certify that it has an Internet safety policy that includes protection measures that block or filter Internet access to content that is: " Obscene; " Child pornography; or " Harmful to minors. # Include a provision in its Internet safety policy that requires monitoring of online activities of minors on the LEA network. # Provide for educating minors about appropriate online behavior, including: " Interacting with others on social networking websites and in chat rooms; and " Cyberbullying awareness and response. What Must the Internet Safety Policy Address? The Internet safety policy must address the following six components: # Access by minors to inappropriate matter on the Internet; # The safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communication; # Unauthorized access, including so-called “hacking” and other unlawful activities by minors online; # Unauthorized disclosure, use, and dissemination of personal information concerning minors; and # Measures restricting minors’ access to materials harmful to them.

Established in 2015, California Education Code section 49073.6 requires that LEAs considering “a program to gather or maintain in its records any pupil information obtained from social media” first notify pupils and their parents or guardians about the proposed program, and then provide an opportunity for public comment at a regularly scheduled public meeting before adopting the program. “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant messages, email, text messages, online services or accounts, or Internet website profiles or locations. For purposes of this law, “social media” does not mean an electronic service or account used exclusively for educational purposes or primarily to facilitate creation of school-sponsored publications, such as a yearbook or pupil newspaper, under the direction or control of a school, teacher, or yearbook adviser.
 
Any LEA that adopts a program pursuant to this provision must:
Gather and maintain only information pertaining directly to school or student safety;
Provide a student with access to any information about the student obtained from social media; and
Destroy the information gathered from social media and maintained in its records within one year of the student turning 18 or discontinuing attendance with the LEA, whichever is sooner.
 
If an LEA contracts with a third party to gather student information from social media, California Education Code section 49073.6:
Prohibits the third party from using the information for purposes other than to satisfy the terms of the contract; 
Prohibits the third party from selling or sharing the information with outside persons or entities; and
Provides additional restrictions on the destruction of the information by the third party.
 
The foregoing requirements could be incorporated by an agreement with the third party. California Education Code section 49073.6 does not specifically define “a program to gather or maintain in its records any pupil information obtained from social media.” However, many LEAs research public social media sites following a complaint of cyberbullying or school-related misconduct. To the extent this information is collected, maintained, or utilized for disciplinary purposes, this practice likely falls under the definition of “a program to gather or maintain in its records any pupil information obtained from social media” and would need to meet the requirements of 49073.6. 

Technology services agreements entered into, amended, or renewed by a California LEA on or after January 1, 2015 must follow specific requirements. These requirements apply to contracts for services that utilize electronic technology, including cloud-based services, for the digital storage, management and retrieval of pupil records, as well as educational software that authorizes a third-party provider to access, store and use pupil records. All of the following requirements must be included in such contracts:
 
A statement that pupil records continue to be the property of and under the control of the school district;
A description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal account;
A prohibition against the third party using any information in the pupil record for any purpose other than those required or specifically permitted by the contract; 
A description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil’s records and correct erroneous information;
A description of the actions the third party will take—including the designation and training of responsible individuals—to ensure the security and confidentiality of pupil records;
A description of the procedures for notifying the affected parent, legal guardian, or eligible pupil in the event of an unauthorized disclosure of the pupil’s records;
A certification that a pupil’s records shall not be retained or available to the third party upon completion of the terms of the contract and a description of how that certification will be enforced (NOTE: This requirement does not apply to pupil-generated content if the pupil chooses to establish or maintain an account with the third party for the purpose of storing that content, either by retaining possession and control of their own pupil generated content, or by transferring pupil-generated content to a personal account.);
A description of how the district and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act; and
A prohibition against the third party using personally identifiable information in pupil records to engage in targeted advertising.
 
References: AB 1584; Cal. Educ. Code § 49073.1; 20 U.S.C. § 1232g

California Business and Professions Code section 22584, also known as the Student Online Personal Information Protection Act (“SOPIPA”), takes effect on January 1, 2016 and sets forth privacy laws for operators of websites, online services, and applications that are marketed and used for K-12 school purposes, even if those operators do not contract with educational agencies. While primary responsibility for compliance with SOPIPA lies with website operators, LEAs should proceed with reasonable due diligence when evaluating technology service providers, especially providers based outside of California, to ensure their policies and procedures comply with SOPIPA.
 
SOPIPA adds to the K-12 student privacy scheme the following requirements:
Operators cannot target advertising on their website or any other website using information acquired from students.
Operators cannot create a profile for a student, except for school purposes.
Operators cannot sell a student’s information.
Operators cannot disclose student information, unless for legal, regulatory, judicial, safety, or operational improvement reasons.
Operators must protect student information through reasonable security procedures and practices.
Operators must delete school- or district-controlled student information when requested by schools or districts. 
Operators must disclose student information: when required by law; for legitimate research purposes; or for school purposes to educational agencies.