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NEXT GENERATION TECHNOLOGY

TSBVI shall consider using next generation technologies, including cryptocurrency, blockchain technology, and artificial intelligence.  Gov’t Code 2045.601

CHILDREN’S INTERNET PROTECTION ACT

Under the Children’s Internet Protection Act (CIPA), TSBVI must, as a prerequisite to receiving universal service discount rates, implement certain Internet safety measures and submit certification to the Federal Communications Commission (FCC).  47 U.S.C. 254  [See UNIVERSAL SERVICE DISCOUNTS, below, for details]

Definitions

Harmful to Minors

“Harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

  1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
  2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
  3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

47 U.S.C. 254(h)(7)(G); 20 U.S.C. 7131(e)(6)

Inappropriate for Minors

The Board has designated the Superintendent or his/her designee to develop and implement administrative regulations to determine what matter is considered inappropriate for minors.  47 U.S.C. 254(l)(2)

Technology Protection Measure

“Technology protection measure” means a specific technology that blocks or filters Internet access.  47 U.S.C. 254(h)(7)(l)

UNIVERSAL SERVICE DISCOUNTS

An elementary or secondary school having computers with Internet access may not receive universal service discount rates unless the School, submits to the FCC the certifications described below at CERTIFICATIONS TO THE FCC and a certification that an Internet safety policy has been adopted and implemented as described at INTERNET SAFETY POLICY below, and ensures the use of computers with Internet access in accordance with the certifications.  47 U.S.C. 254(h)(5)(A); 47 CFR 54.520

“Universal service” means telecommunications services including Internet access, Internet services, and internal connection services and other services that are identified by the FCC as eligible for federal universal service support mechanisms.  47 U.S.C. 254(c), (h)(5)(A)(ii)

Certifications to the FCC

TSBVI receives discounts for Internet access and internal connections services under the federal universal support mechanism for schools and must make certifications in accordance with 47 C.F.R. 54.520(c) each funding year.  47 C.F.R. 54.520(b)

To be eligible for universal service discount rates, the School shall certify to the FCC during each annual program application cycle, in the manner prescribed at 47 CFR 54.520, that it:

 

With Respect to Minors

  1. Is enforcing a policy of Internet safety for minors that includes monitoring their online activities and the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography, or harmful to minors;
  2. Is enforcing the operation of such technology protection measure during any use of such computers by minors; and
  3. Is educating minors, as part of its Internet safety policy, about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.

47 U.S.C. 254(h)(5(B)); 47 CFR 54.520

With Respect to Adults

TSBVI must submit certification that the School:

  1. Is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene or child pornography; and
  2. Is enforcing the operation of such technology protection measure during any use of such computers.

47 U.S.C. 254(h)(5)(C)

Disabling for Adults

An administrator, supervisor, or other person authorized by TSBVI may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose.  47 U.S.C. 254(h)(5)(D)

Internet Safety Policy

The Board shall adopt and implement this Internet safety policy that addresses:

  1. Access by minors to inappropriate matter on the Internet and the World Wide Web;
  2. Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
  3. Unauthorized access, including “hacking”, and other unlawful activities by minors online;
  4. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
  5. Measures designed to restrict minors’ access to materials harmful to minors.

47 U.S.C. 254(l)

The Superintendent or designee shall develop and implement an Internet Safety Plan by administrative regulation.

Public Hearing

TSBVI shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy.  42 U.S.C. 254(h)(5)(A)(iii), (l)(1)(B)

TECHNOLOGY PROTECTION MEASURE

In accordance with the appropriate certification, the School shall operate a technology protection measure that protects minors against access to visual depictions that are obscene, child pornography, or harmful to minors; and protects adults against access to visual depictions that are obscene or child pornography.  47 U.S.C. 254(h)(5)(B), (C)

MONITORED USE

In accordance with the appropriate certification, the School shall monitor the online activities of minors.  47 U.S.C. 254(h)(5)(B)

UNIFORM ELECTRONIC TRANSACTIONS ACT

TSBVI may agree with other parties to conduct transactions by electronic means.  Any such agreement or transaction must be done in accordance with the Uniform Electronic Transactions Act.  Business and Commerce Code Chapter 322; 1 TAC 203

DIGITAL SIGNATURE

A digital signature may be used to authenticate a written electronic communication sent to the School if it complies with rules adopted by the Board.  Before adopting the rules, the Board shall consider the rules adopted by the Department of Information Resources (DIR) and, to the extent possible and practicable, make the Board’s rules consistent with DIR rules.  Gov’t Code 2054.060; 1 TAC 203

TRANSFER OF EQUIPMENT TO STUDENTS

TSBVI may transfer to a student enrolled in the School:

  1. Any data processing equipment donated to the School, including equipment donated by a private donor, a state eleemosynary institution, or a state agency under Government Code 2175.306
  2. Any equipment purchased by TSBVI; and
  3. Any surplus or salvage equipment owned by TSBVI.

Education Code 32.102(a)

Before transferring data processing equipment to a student, TSBVI must:

  1. Adopt procedures governing transfers, including provisions for technical assistance to the student by the School;
  2. Determine that the transfer serves a public purpose and benefits the School; and
  3. Remove from the equipment any offensive, confidential, or proprietary information, as determined by TSBVI.

Education Code 32.104

Donations

TSBVI may accept:

  1. Donations of data processing equipment for transfer to students; and
  2. Gifts, grants, or donations of money or services to purchase, refurbish, or repair data processing equipment.

Education Code 32.102(b)

TSBVI shall not pay a fee or other reimbursement to a state eleemosynary institution or institution or agency of higher education or other state agency for surplus or salvage data processing equipment it transfers to TSBVI. Government Code 2175.905(c)

Use of Public Funds

TSBVI may spend public funds to:

  1. Purchase, refurbish, or repair any data processing equipment transferred to a student; and
  2. Store, transport, or transfer data processing equipment under this policy.

Education Code 32.105

Eligibility

A student is eligible to receive data processing equipment under this policy only if the student does not otherwise have home access to data processing equipment, as determined by TSBVI.   The School shall give preference to educationally disadvantaged students.  Education Code 32.103

Return of Equipment

Except as provided below, a student who receives data processing equipment from TSBVI under this policy shall return the equipment to the School not later than the earliest of:

  1. Five years after the date the student receives the equipment;
  2. The date the student graduates;
  3. The date the student transfers to local district; or
  4. The date the student withdraws from TSBVI.

If, at the time the student is required to return the equipment, TSBVI determines that the equipment has no marketable value, the student is not required to return the equipment.

Education Code 32.106

Adopted:         8/9/99

Amended:       1/31/03, 5/29/12, 1/25/13, 4/6/18, 1/31/20

Reviewed:       4/1/05