IIBGA – Electronic Communications System

The ESD’s system will be used to provide statewide, national and global communications opportunities for staff and students and for the advancement and promotion of teaching and learning.

The superintendent will establish administrative regulations for the use of the ESD’s electronic communication system including compliance with the following provisions of the Children’s Internet Protection Act:

1. Technology protection measures, installed and in continuous operation, that protect against Internet access by both adults and minors to visual depictions that are obscene, child pornography or, with respect to the use of the computers by minors, harmful to minors;
2. Educating minors about appropriate online behavior, including cyberbullying awareness and response, and how to interact with other individuals on social networking sites and in chat rooms;
3. Monitoring the online activities of minors;
4. Denying access by minors to inappropriate matter on the Internet and World Wide Web;
5. Ensuring the safety and security of minors when using e-mail, social media, chat rooms and other forms of direct electronic communication;
6. Prohibiting unauthorized access, including so-called “hacking” and other unlawful activities by minors online;
7. Prohibiting unauthorized disclosure, use and dissemination of personal information regarding minors; and
8. Installing measures designed to restrict minors’ access to materials harmful to minors.

Administrative regulations developed shall ensure compliance with privacy rights under applicable federal and state laws and regulations, including but not limited to the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act of 2008 (GINA) and the Health Insurance Portability and Accountability Act of 1996 (HIPPA).

Administrative regulations will be consistent with guidelines as may be provided by the Oregon Department of Education and/or the Oregon Government Ethics Commission, copyright law, and will include a complaint procedure for reporting violations.

Failure to abide by ESD policy and administrative regulations governing use of the ESD’s electronic communications system may result in the suspension and/or revocation of system access. Additionally, student violations may result in discipline up to and including expulsion. Staff violations may result in discipline up to and including dismissal. Violations of law may be reported to law enforcement officials and may result in criminal or civil sanctions. Fees, fines or other charges may also be imposed.

END OF POLICY

Legal Reference(s):

• ORS 167.060 - 167.100
• ORS Chapter 192
• ORS 260.432
• ORS 334.125(7)
• ORS 339.250
• ORS 339.270
• OAR 581-021-0050
• OAR 581-021-0055
• OAR 584-020-0040
• OAR 584-020-0041
• Children’s Internet Protection Act, 47 U.S.C.§§ 254(h) and (l) (2018); 47 C.F.R. § 54.520 (2019).
• Copyrights, 17, U.S.C. §§ 101-1332 (2018); 19 C.F.R. Part 133 (2020).
• Safe and Drug-Free Schools and Communities Act, 20 U.S.C.§§ 7101-7117 (2018).
• Drug-Free Workplace Act of 1988, 41 U.S.C.§§ 8101-8107 (2018); 34 C.F.R. Part 84, Subpart F (2020).
• Controlled Substances Act, 21 U.S.C.§ 812, Schedules I through V (2018); 21 C.F.R. §§ 1308.11-1308.15 (2020).
• Americans with Disabilities Act of 1990, 42 U.S.C.§§ 12101-12213 (2018); 29 C.F.R. Part 1630 (2020); 28 C.F.R. Part 35 (2020).
• Family Educational Rights and Privacy Act, 20 U.S.C.§ 1232g (2018); 34 C.F.R. Part 99 (2020).
• Every Student Succeeds Act, 20 U.S.C. § 7131 (2018).
• Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133 (2018).

Cross Reference(s):

• GBN/JBA - Sexual Harassment
• GBNA - Hazing/Harassment/Intimidation/Cyberbullying/Menacing – Staff
• JHFE - Reporting of Suspected Child Abuse
• JHFF - Reporting Requirements Regarding Sexual Conduct with Students