Durham SD
Board Policy
Student Use Of Technology
BP 6163.4
Instruction
The Governing Board intends that technological resources provided by the district be used in a
safe and responsible manner in support of the instructional program and for the advancement of
student learning. All students using these resources shall receive instruction in their proper and
appropriate use.
(cf. 0440 – District Technology Plan)
(cf. 1113 – District and School Web Sites)
(cf. 1114 – District-Sponsored Social Media)
(cf. 4040 – Employee Use of Technology)
(cf. 6163.1 – Library Media Centers)
Teachers, administrators, and/or library media specialists are expected to review the
technological resources and online sites that will be used in the classroom or assigned to students
in order to ensure that they are appropriate for the intended purpose and the age of the students.
The Superintendent or designee shall notify students and parents/guardians about authorized uses
of district technology, user obligations and responsibilities, and consequences for unauthorized
use and/or unlawful activities in accordance with this Board policy and the district’s Acceptable
Use Agreement.
District technology includes, but is not limited to, computers, the district’s computer network
including servers and wireless computer networking technology (wi-fi), the Internet, email, USB
drives, wireless access points (routers), tablet computers, smartphones and smart devices,
telephones, cellular telephones, personal digital assistants, pagers, MP3 players, wearable
technology, any wireless communication device including emergency radios, and/or future
technological innovations, whether accessed on or off site or through district-owned or
personally owned equipment or devices.
Before a student is authorized to use district technology, the student and his/her parent/guardian
shall sign and return the Acceptable Use Agreement. In that agreement, the parent/guardian shall
agree not to hold the district or any district staff responsible for the failure of any technology
protection measures or user mistakes or negligence and shall agree to indemnify and hold
harmless the district and district staff for any damages or costs incurred.
(cf. 6162.6 – Use of Copyrighted Materials)
The district reserves the right to monitor student use of technology within the jurisdiction of the
district without advance notice or consent. Students shall be informed that their use of district
technology, including, but not limited to, computer files, email, text messages, instant
messaging, and other electronic communications, is not private and may be accessed by the
district for the purpose of ensuring proper use. Students have no reasonable expectation of
privacy in use of the district technology. Students’ personally owned devices shall not be
searched except in cases where there is a reasonable suspicion, based on specific and objective
facts, that the search will uncover evidence of a violation of law, district policy, or school rules.
(cf. 5145.12 – Search and Seizure)
The Superintendent or designee may gather and maintain information pertaining directly to
school safety or student safety from the social media activity of any district student in
accordance with Education Code 49073.6 and BP/AR 5125 – Student Records.
(cf. 5125 – Student Records)
Whenever a student is found to have violated Board policy or the district’s Acceptable Use
Agreement, the principal or designee may cancel or limit a student’s user privileges or increase
supervision of the student’s use of the district’s equipment and other technological resources, as
appropriate. Inappropriate use also may result in disciplinary action and/or legal action in
accordance with law and Board policy.
(cf. 5125.2 – Withholding Grades, Diploma or Transcripts)
(cf. 5144 – Discipline)
(cf. 5144.1 – Suspension and Expulsion/Due Process)
(cf. 5144.2 – Suspension and Expulsion/Due Process (Students with Disabilities))
The Superintendent or designee, with input from students and appropriate staff, shall regularly
review and update procedures to enhance the safety and security of students using district
technology and to help ensure that the district adapts to changing technologies and
circumstances.
Internet Safety
The Superintendent or designee shall ensure that all district computers with Internet access have
a technology protection measure that protects against access to visual depictions that are
obscene, child pornography, or harmful to minors and that the operation of such measures is
enforced. (20 USC 6777; 47 USC 254; 47 CFR 54.520)
To reinforce these measures, the Superintendent or designee shall implement rules and
procedures designed to restrict students’ access to harmful or inappropriate matter on the Internet
and to ensure that students do not engage in unauthorized or unlawful online activities.
Harmful matter includes matter, taken as a whole, which to the average person, applying
contemporary statewide standards, appeals to the prurient interest and is matter which depicts or
describes, in a patently offensive way, sexual conduct and which lacks serious literary, artistic,
political, or scientific value for minors. (Penal Code 313)
The district’s Acceptable Use Agreement shall establish expectations for appropriate student
conduct when using the Internet or other forms of electronic communication, including, but not
limited to, prohibitions against:

  1. Accessing, posting, submitting, publishing, or displaying harmful or inappropriate matter
    that is threatening, obscene, disruptive, or sexually explicit, or that could be construed as
    harassment or disparagement of others based on their race/ethnicity, national origin, sex, gender,
    sexual orientation, age, disability, religion, or political beliefs
    (cf. 5131 – Conduct)
    (cf. 5131.2 – Bullying)
    (cf. 5145.3 – Nondiscrimination/Harassment)
    (cf. 5145.7 – Sexual Harassment)
    (cf. 5145.9 – Hate-Motivated Behavior)
  2. Intentionally uploading, downloading, or creating computer viruses and/or maliciously
    attempting to harm or destroy district equipment or materials or manipulate the data of any other
    user, including so-called “hacking”
  3. Distributing personal identification information, including the name, address, telephone
    number, Social Security number, or other personally identifiable information, of another student,
    staff member, or other person with the intent to threaten, intimidate, harass, or ridicule that
    person
    The Superintendent or designee shall provide age-appropriate instruction regarding safe and
    appropriate behavior on social networking sites, chat rooms, and other Internet services. Such
    instruction shall include, but not be limited to, the dangers of posting one’s own personal
    identification information online, misrepresentation by online predators, how to report
    inappropriate or offensive content or threats, behaviors that constitute cyberbullying, and how to
    respond when subjected to cyberbullying.
    Legal Reference:
    EDUCATION CODE
    49073.6 Student records; social media
    51006 Computer education and resources
    51007 Programs to strengthen technological skills
    60044 Prohibited instructional materials
    PENAL CODE
    313 Harmful matter
    502 Computer crimes, remedies
    632 Eavesdropping on or recording confidential communications
    653.2 Electronic communication devices, threats to safety
    UNITED STATES CODE, TITLE 15
    6501-6506 Children’s Online Privacy Protection Act
    UNITED STATES CODE, TITLE 20
    6751-6777 Enhancing Education Through Technology Act, Title II, Part D, especially:
    6777 Internet safety
    UNITED STATES CODE, TITLE 47
    254 Universal service discounts (E-rate)
    CODE OF FEDERAL REGULATIONS, TITLE 16
    312.1-312.12 Children’s Online Privacy Protection Act
    CODE OF FEDERAL REGULATIONS, TITLE 47
    54.520 Internet safety policy and technology protection measures, E-rate discounts
    COURT DECISIONS
    New Jersey v. T.L.O., (1985) 469 U.S. 325
    Management Resources:
    CSBA PUBLICATIONS
    Cyberbullying: Policy Considerations for Boards, Policy Brief, July 2007
    FEDERAL TRADE COMMISSION PUBLICATIONS
    How to Protect Kids’ Privacy Online: A Guide for Teachers, December 2000
    WEB SITES
    CSBA: http://www.csba.org
    American Library Association: http://www.ala.org
    California Coalition for Children’s Internet Safety: http://www.cybersafety.ca.gov
    Center for Safe and Responsible Internet Use: http://csriu.org
    Federal Communications Commission: http://www.fcc.gov
    Federal Trade Commission, Children’s Online Privacy Protection:
    http://www.ftc.gov/privacy/privacyinitiatives/childrens.html
    U.S. Department of Education: http://www.ed.gov
    Policy DURHAM UNIFIED SCHOOL DISTRICT
    adopted: January 20, 2016 Durham, California