Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
156.160,
156.675
NECESSITY, FUNCTION, AND CONFORMITY: 1998 Ky. Acts ch. 330
authorizes the Kentucky Board of Education to promulgate administrative
regulations necessary to prevent sexually explicit material from being
transmitted from or received by any computing or telecommunications system used
in local schools and school districts. This administrative regulation requires
school districts to implement acceptable use policies and to use filtering
technologies in every school. The administrative regulation also specifies the
Kentucky Department of Education's responsibilities to provide filtering
technology to local districts, to provide technical assistance to support
implementation of the regulation, and to ascertain compliance.
Section 1. Acceptable Use Policies.
(1) A local school district shall adopt an
acceptable use policy which has the following characteristics:
(a) Conforms to the guidelines for acceptable
use policies as provided in the Master Plan for Education Technology,
701
KAR 5:110, for the Kentucky Education Technology
System, including parental consent, teacher supervision of computer use, and
auditing procedures;
(b) Contains
procedures, guidelines, and prohibitions which will prevent access to sexually
explicit materials;
(c) Contains
appropriate disciplinary measures for policy violations; and
(d) Is for use by students, faculty, staff,
and any others to whom the school or district provides computing and
telecommunications access on a permanent or temporary basis.
(2) A school district shall
include in its policy provisions which eliminate or appropriately restrict the
use of computing and telecommunications technologies for any faculty, student,
staff or other person who will not sign or who violates the provisions of the
acceptable use policy statement.
Section 2. Standards for Filtering
Technology.
(1) The Kentucky Department of
Education shall assist a local school district with the selection and use of
filtering technologies.
(2)
Filtering technologies adopted by a local school district shall address:
(a) Expectations of reliability;
(b) The ability to improve the dependability
and speed of the appropriate data being available;
(c) The ability to effectively manage
incoming information;
(d) The
ability to effectively manage outgoing information; and
(e) The ability to identify and maintain
appropriate information about the origin, date, time and destination of network
transactions.
Section
3. District Responsibilities for Implementing Filtering
Technology.
(1) A local school district shall
implement filtering technology in every school which has a dedicated network
connection.
(2) A local school
district shall implement filtering technology in a school no later than thirty
(30) days after the telecommunications circuit is activated.
(3) Every school district shall:
(a) Adopt one (1) or more filtering
technologies for use in its schools which conform to the guidelines for
filtering technologies as provided in the Master Plan for Education Technology,
701
KAR 5:110, for the Kentucky Education Technology
System;
(b) Provide the technical
assistance necessary to implement and maintain filtering technology in every
school; and
(c) Ensure that the
filtering technology is operational seven (7) days a week, twenty-four (24)
hours a day with reasonable provision for scheduled outages and
maintenance.
Section
4. Preventing Student Access to Sexually Explicit Materials
Through Electronic Mail.
(1) To prevent
student access to sexually explicit materials which may be sent or received via
electronic mail, a local school district shall limit electronic mail use to
those systems approved by the Kentucky Department of Education as meeting
standards for electronic mail systems as provided in the Master Plan for
Education Technology,
701
KAR 5:110, for the Kentucky Education Technology
System;
(2) A school district using
electronic mail systems which do not meet these standards shall migrate to a
system approved by the Department of Education no later than June 30,
1999.
(3) A school district shall
include in its acceptable use policies provisions which prohibit students,
faculty, staff and others with network access from using district resources to
establish Internet email accounts through third party providers or any other
nonstandard electronic mail system.
Section 5. Compliance Monitored Through
Planning Process. The Department of Education shall ascertain compliance with
these provisions as a condition of school district participation in the offers
of assistance process for education technology funds.
25 Ky.R. 1279;
eff. 1-19-1999; Crt eff. 11-16-2018.
STATUTORY AUTHORITY:
KRS
156.070,
156.160,
156.675
