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XXX ESD Internet Policy

[v]Purpose
[v]Responsibilities
[v]Access to the System
[v]ESD Limitation of Liability and Indemnification
[v]Due Process
[v]Search and Seizure
[v]Copyright
[v]District Web Sites
[v]District Policies

A. Purpose

  1. XXX Education Service District (ESD) is providing Participating Districts with access to the Network, a regional electronic communication system, which includes Internet access. The ESD and Districts may provide access to the Network to their employees, board members, students, and guests.

  2. the Network has a limited educational purpose. The term "educational purpose" includes use of the system for classroom activities, professional or career development, and limited high-quality personal research activities. All use must be in compliance with the acceptable use provisions of the Oregon Public Education Network and the Internet service provider.

  3. Users may not use the Network system for commercial purposes, defined as offering or providing goods or services or purchasing goods or services for personal use. ESD or District acquisition policies will be followed for purchase of goods or services through the system for ESD or District use.

  4. Users may not use the system for political lobbying, as defined by ORS 260.432(3). Employees and students may use the system to communicate with their elected representatives and to express their opinion on political issues in accord with state law and District policies.[^]

B. Responsibilities

  1. The ESD Superintendent, or his or her designee, will serve as the coordinator to oversee the operations of the regional system and will work with the associated district superintendents.

  2. District superintendents, or their designees, will serve as the coordinators to oversee the operations of their District systems.[^]

C. Access to the System

  1. the Network is for use by ESD and District employees and board members and students. The Districts will determine the extent to which students at various grade levels will be granted access to the system.

  2. Guests may receive an individual account with the approval of an ESD or District administrator if there is a specific, District- or ESD-related purpose requiring such access. Use of the system by a guest must be specifically limited to the purpose. An agreement will be required; parental signature will required if the guest is a minor.[^]

D. ESD Limitation of Liability and Indemnification

  1. The ESD makes no warranties of any kind, either express or implied, that the functions or the services provided by or through the system will be error-free or without defect. The ESD will not be responsible for any damage users may suffer, including but not limited to, loss of data or interruptions of service. The ESD is not responsible for the accuracy or quality of the information obtained through or stored on the system. The ESD will not be responsible for financial obligations arising through the unauthorized use of the system. Users will indemnify and hold the ESD and District harmless from any losses sustained as the result of intentional misuse of the system by user. Districts will inform all users of the system about this limitation of liability and indemnification.[^]

E. Due Process

  1. The ESD and District will cooperate fully with local, state, or federal officials in any investigation concerning to or relating to any illegal activities conducted through the system.

  2. Employee violations of the ESD or District Acceptable Use Policy will be handled in accord with ESD or District employment policy and any applicable collective bargaining agreement.

  3. Any ESD or District administrator may terminate the account privileges of their authorized guest user by providing notice to the user. Guest accounts not active for more than 90 days may be removed, along with the user's files without notice to the user. [^]

F. Search and Seizure

  1. System users have a limited privacy expectation in the contents of their personal files and records of their on line activity while on the system.

  2. Routine maintenance and monitoring of the system may lead to discovery that the user has or is violating the Acceptable Use Policy, the student disciplinary code, or the law. If the ESD system administration discovers a potential violation by a District user, the ESD will notify the District. The ESD and District will cooperate in the subsequent investigation.

  3. An individual search will be conducted if there is reasonable suspicion that a user has violated the law or the student disciplinary code. The nature of the investigation will be reasonable and in the context of the nature of the alleged violation. The ESD and the District are authorized to conduct an individual search. If the ESD intends to conduct an individual search of the contents of the personal files of a District user, the ESD will notify the District in advance, unless the circumstances dictate otherwise. The ESD and District will cooperate in the investigation.

  4. Employees should be aware that their personal files may be discoverable under ORS 192.410, the state public records laws.[^]

G. Copyright

  1. Users of the system will not engage in copyright infringement. Because the extent of copyright protection of certain works accessed through the Internet or posted on the Internet is unclear, users will make a standard practice of requesting permission from the holder of the copyright if their use of the material has the potential of being considered an infringement.[^]

H. District Web Sites

  1. The ESD will establish a Web site and will develop Web pages that will present official information about the ESD. The ESD Superintendent will designate the Web Publisher, responsible for maintaining the ESD Web site. The Web Publisher will develop style and content guidelines for official ESD materials and develop procedure for the placement and removal of such material. All official material posted on the ESD Web site must be approved through a process established by the Web Publisher. ESD Departments will designate a staff person to be responsible for the Department's web material.

  2. District Web Sites. Districts may establish a Web site on the Network. The District Web Site may present District information, teacher or class information, students web pages, and other school-related information.[^]

I. District Policies

  1. Districts will adopt Internet policies and regulations that are in accord with the recommended policies provided by the ESD.[^]

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