W. Va. Code R. § 126-41-6

Current through Register Vol. XLI, No. 15, April 12, 2024

Section 126-41-6 - Use of Electronic Resources, Technology and the Internet

6.1. Overview of Use:

6.1.a. Unauthorized, unacceptable, or unsafe use of the Internet as part of an educational program by students, educators or staff may result in suspension or revocation of use access privileges.

6.1.b. Each student accessing the Internet will be provided acceptable use training and shall have an acceptable use form, signed by a parent or legal guardian, on file at the district/school.

6.1.c. The WVDE provides the network system, e-mail accounts, and Internet access as tools for education and administration in support of the WVBE's mission. Users have no expectation of privacy. The WVDE reserves the right to monitor, inspect, investigate, copy, review and store, without prior notice, information about the content and usage of any and all information transmitted or received in connection with networks, e-mail use, and web-based tools.

6.1.d. No student or staff user should have any expectation of privacy when using the district's network or equipment. The WVDE reserves the right to disclose any electronic message, files, media, and other information to law enforcement officials or third parties as appropriate.

6.1.e. No temporary accounts will be issued, nor will student or staff use an Internet account not specifically created for him or her. Based upon the acceptable use and safety guidelines outlined in this document, the WVDE, State Superintendent of Schools, and WVDE system administrators will determine what is appropriate use , and their decision is final.

6.1.f. Violation of use policies could result in loss of access, personal payment of fees incurred, employment discipline, licensure revocation and/or prosecution. Other consequences for students may be found in Policy 4373.

6.1.g. Administrative information systems, including WVEIS, are to be used exclusively for educational purposes. Ownership of student, personnel, and financial records remains with the agency with primary responsibility for maintenance of the information. WVDE reserves the right to access data maintained in or transmitted over state supported information systems and disclose it as appropriate for legitimate purposes. All staff must maintain the confidentiality of student data in accordance with FERPA and Policy 4350.

6.1.h.Employees may not attempt to gain access to another employee's files in the WVDE's information systems. The WVDE reserves the right to enter an employee's information system files whenever there is a legitimate need to do so.

6.1.i. These guidelines may be superseded by FERPA and other appropriate federal and state laws to the extent that such laws are more restrictive.

6.2. Acceptable Use:

6.2.a. The use of the electronic resources, technologies, and the Internet must be in support of education and consistent with the educational goals, objectives and priorities of the WVBE. Use of other networks or computing resources must comply with the rules appropriate for that network and for copyright compliance. Users must also comply with the rules and regulations of the network provider(s) serving West Virginia districts and schools.

6.2.b. The use of telecommunications and/or access to the Internet is an extension of the students' responsibility in the classroom and must follow all federal and state laws as well as state and local policies.

6.2.c. State, district, and school-owned technology is to be used to enhance learning and teaching as well as improve the operation of the district and school.

6.2.d. Safety measures must be enforced to carry out policies at the state, district, and school, to implement the intent of CIPA, COPPA, E-rate guidelines, FERPA, and any other applicable state and federal statute and policy, including but not limited to Policy 4373 and W. Va. Code § 18-2C-3.

6.2.e. Acceptable network use by students and staff includes, but may not be limited to the following:

6.2.e.1. Creation of files, projects, and various media products using network resources in support of student personalized learning and educational administration.

6.2.e.2. Appropriate participation in school-sponsored sites and online groups.

6.2.e.3. The online publication of educational material for instructional purposes and, with parental permission, student work. As required by copyright law, external sources must be cited.

6.2.e.4. Incidental personal use by staff not contrary to district/school policies and guidelines.

6.3. Unacceptable Use:

6.3.a. Inappropriate use or transmission of any material in violation of any federal or state law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening, abusive, or obscene material, or material protected by trade secrets.

6.3.b. Use for commercial activities by for-profit institutions is not acceptable.

6.3.c. Use for product advertisement or political lobbying is also prohibited.

6.3.d. Illegal activities and privacy and safety violations of COPPA, CIPA, and FERPA are strictly prohibited.

6.3.e. Specific examples of unacceptable and/or unauthorized use include, but are not limited to:

6.3.e.1. Viewing, creating, accessing, uploading, downloading, storing, sending, or distributing obscene, pornographic, or sexually explicit material.

6.3.e.2. Downloading, uploading and/or executing viruses, worms, Trojan horses, time bombs, bots, malware, spyware, SPAM, and changes to tools used to filter content or monitor hardware and software.

6.3.e.3. Using e-mail and other electronic user identifications (IDs)/passwords other than one's own or for unauthorized purposes. Students and staff are responsible for all activity on their account and must not share their account IDs and passwords.

6.3.e.4. Illegally accessing or attempting to access another person's data or personal system files or unauthorized access to other state/district/school computers, networks and information systems.

6.3.e.5. Supplying your password to others.

6.3.e.6. Storing passwords in a file without encryption.

6.3.e.7. Using the "remember password" feature of Internet browsers and e-mail clients.

6.3.e.8. Leaving the computer without locking the screen or logging off.

6.3.e.9. Corrupting, destroying, deleting, or manipulating system data with malicious intent.

6.3.e.10. Requesting that inappropriate material be transferred.

6.3.e.11. Violating safety and/or security measures when using any form of electronic communications.

6.3.e.12. Hacking, cracking, vandalizing, or any other unlawful online activities.

6.3.e.13. Disclosing, using, or disseminating personal information regarding students.

6.3.e.14. Cyber bullying, sending hate mail, defamation, harassment of any kind, discriminatory jokes and remarks and other unauthorized uses as referenced in, including but not limited to, Policy 4373 and other applicable federal and state statutes.

6.3.e.15. Personal gain, commercial solicitation, and compensation of any kind.

6.3.e.16. Any activity which may result in liability or cost incurred by the district.

6.3.e.17. Unauthorized downloading, copying, installing and/or executing gaming, audio files, video files or other applications (including shareware or freeware).

6.3.e.18. Campaigning, lobbying, or other activity via state supported platforms in support or opposition for political activity or issues, including but not limited to, ballot measures, candidates, or legislative proposals.

6.3.e.19. Posting, sending, or storing information that could threaten or endanger others.

6.3.e.20. Engaging in plagiarism or reproducing/repurposing media without permission.

6.3.e.21. Attaching unauthorized equipment to the district or school networks or network connected devices. Any such equipment may be confiscated and/or turned over to law enforcement officers for potentially violating W. Va. Code § 61-3C-5.

6.3.e.22. Attaching unauthorized equipment or making unauthorized changes to the state backbone network. Unauthorized equipment may be confiscated and/or turned over to law enforcement officers for potentially violating W. Va. Code § 61-3C-5. Only WVDE network personnel may authorize changes affecting the state backbone network.

6.3.e.23. Vandalizing technology equipment or data including but not limited to, uploading, downloading, or creating computer viruses or malware. Vandalism may result in revocation of user privileges and/or prosecution.

6.3.e.24. Uses related to or in support of illegal activities.

6.3.e.25. Provision of administrative responsibilities for a server with a wide area network or Internet connection to a current PreK-12 student outside of a laboratory environment, as with career and technical education computer related courses.

W. Va. Code R. § 126-41-6