524 INTERNET, TECHNOLOGY, AND CELL PHONE ACCEPTABLE USE AND SAFETY POLICY

Mabel-Canton Schools
Adopted: 2000
Revised: Sept. 2024
I. PURPOSE
The purpose of this policy is to set forth policies and guidelines for access to the school district
computer system and acceptable and safe use of the Internet, including electronic
communications.
II. GENERAL STATEMENT OF POLICY
In making decisions regarding student and employee access to the school district computer
system and the Internet, including electronic communications, the school district considers its
own stated educational mission, goals, and objectives. Electronic information research skills are
now fundamental to preparation of citizens and future employees. Access to the school district
computer system and to the Internet enables students and employees to explore thousands of
libraries, databases, bulletin boards, and other resources while exchanging messages with
people around the world. The school district expects that faculty will blend thoughtful use of
the school district computer system and the Internet throughout the curriculum and will
provide guidance and instruction to students in their use.
III. LIMITED EDUCATIONAL PURPOSE
The school district is providing students and employees with access to the school district
computer system, which includes Internet access. The purpose of the system is more specific
than providing students and employees with general access to the Internet. The school district
system has a limited educational purpose, which includes use of the system for classroom
activities, educational research, and professional or career development activities. Users are
expected to use Internet access through the district system to further educational and personal
goals consistent with the mission of the school district and school policies. Uses which might be
acceptable on a user’s private personal account on another system may not be acceptable on
this limited-purpose network.
IV. USE OF SYSTEM IS A PRIVILEGE
The use of the school district system and access to use of the Internet is a privilege, not a
right. Depending on the nature and degree of the violation and the number of previous
violations, unacceptable use of the school district system or the Internet may result in one or
more of the following consequences: suspension or cancellation of use or access privileges;
payments for damages and repairs; discipline under other appropriate school district policies,
including suspension, expulsion, exclusion, or termination of employment; or civil or criminal
liability under other applicable laws.
V. UNACCEPTABLE USES
A. While not an exhaustive list, the following uses of the school district system and Internet
resources or accounts are considered unacceptable:
1. Users will not use the school district system to access, review, upload, download,
store, print, post, receive, transmit, or distribute:

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a. pornographic, obscene, or sexually explicit material or other visual
depictions that are harmful to minors;
b. obscene, abusive, profane, lewd, vulgar, rude, inflammatory, threatening,
disrespectful, or sexually explicit language;
c. materials that use language or images that are inappropriate in the
education setting or disruptive to the educational process;
d. information or materials that could cause damage or danger of disruption to
the educational process;
e. materials that use language or images that advocate violence or
discrimination toward other people (hate literature) or that may constitute
harassment or discrimination.
2. Users will not use the school district system to knowingly or recklessly post,
transmit, or distribute false or defamatory information about a person or
organization, or to harass another person, or to engage in personal attacks,
including prejudicial or discriminatory attacks.
3. Users will not use the school district system to engage in any illegal act or violate
any local, state, or federal statute or law.
4. Users will not use the school district system to vandalize, damage, or disable the
property of another person or organization, will not make deliberate attempts
to degrade or disrupt equipment, software, or system performance by
spreading computer viruses or by any other means, will not tamper with,
modify,
or change the school district system software, hardware, or wiring or take any
action to violate the school district’s security system, and will not use the
school district system in such a way as to disrupt the use of the system by
other users.
5. Users will not use the school district system to gain unauthorized access to
information resources or to access another person’s materials, information, or
files without the implied or direct permission of that person.
6. Users will not use the school district system to post private information about
another person, personal contact information about themselves or other
persons, or other personally identifiable information, including, but not limited
to, addresses, telephone numbers, school addresses, work addresses,
identification numbers, account numbers, access codes or passwords, labeled
photographs, or other information that would make the individual’s identity
easily traceable, and will not repost a message that was sent to the user
privately without permission of the person who sent the message.
a. This paragraph does not prohibit the posting of employee contact
information on school district webpages or communications between
employees and other individuals when such communications are made
for education-related purposes (i.e., communications with parents or
other staff members related to students).
b. Employees creating or posting school-related webpages may include
personal contact information about themselves on a webpage.
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However, employees may not post personal contact information or other
personally identifiable information about students unless:
(1) such information is classified by the school district as directory
information and verification is made that the school district has
not received notice from a parent/guardian or eligible student
that such information is not to be designated as directory
information in accordance with Policy 515; or
(2) such information is not classified by the school district as directory
information but written consent for release of the information to be
posted has been obtained from a parent/guardian or eligible
student in accordance with Policy 515.
In addition, prior to posting any personal contact or personally
identifiable information on a school-related webpage, employees shall
obtain written approval of the content of the postings from the building
administrator.
c. These prohibitions specifically prohibit a user from utilizing the school
district system to post personal information about a user or another
individual on social networks, including, but not limited to, social
networks such as “Facebook,” “Twitter,” “Instagram,” “Snapchat,”
“TikTok,” “Reddit,” and similar websites or applications.

7. Users must keep all account information and passwords on file with the designated
school district official. Users will not attempt to gain unauthorized access to
the school district system or any other system through the school district
system, attempt to log in through another person’s account, or use computer
accounts, access codes, or network identification other than those assigned to
the user. Messages and records on the school district system may not be
encrypted without the permission of appropriate school authorities.
8. Users will not use the school district system to violate copyright laws or usage
licensing agreements, or otherwise to use another person’s property without
the person’s prior approval or proper citation, including the downloading or
exchanging of pirated software or copying software to or from any school
computer, and will not plagiarize works they find on the Internet.
9. Users will not use the school district system for conducting business, for
unauthorized commercial purposes, or for financial gain unrelated to the
mission of the school district. Users will not use the school district system to
offer or provide goods or services or for product advertisement. Users will not
use the school district system to purchase goods or services for personal use
without authorization from the appropriate school district official.
10. Users will not use the school district system to engage in bullying or cyberbullying
in violation of the school district’s Bullying Prohibition Policy. This prohibition
includes using any technology or other electronic communication off school
premises to the extent that student learning or the school environment
is substantially and materially disrupted.

B. The school district has a special interest in regulating off-campus speech that materially
disrupts classwork or involves substantial disorder or invasion of the rights of others. A
student or employee engaging in the foregoing unacceptable uses of the Internet when
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off school district premises also may be in violation of this policy as well as other school
district policies. Examples of such violations may include, but are not limited to, serious
or severe bullying or harassment targeting particular individuals, threats aimed at
teachers or other students, failure to follow rules concerning lessons, the writing of
papers, the use of computers, or participation in other online school activities, and
breaches of school security devices. If the school district receives a report of an
unacceptable use originating from a non-school computer or resource, the school
district may investigate such reports to the best of its ability. Students or employees
may be subject to disciplinary action for such conduct, including, but not limited to,
suspension or cancellation of the use or access to the school district computer system
and the Internet and discipline under other appropriate school district policies,
including suspension, expulsion, exclusion, or termination of employment.
C. If a user inadvertently accesses unacceptable materials or an unacceptable Internet site,
the user shall immediately disclose the inadvertent access to an appropriate school
district official. In the case of a school district employee, the immediate disclosure shall
be to the employee’s immediate supervisor and/or the building administrator. This
disclosure may serve as a defense against an allegation that the user has intentionally
violated this policy. In certain rare instances, a user also may access otherwise
unacceptable materials if necessary to complete an assignment and if done with the
prior approval of and with appropriate guidance from the appropriate teacher or, in the
case of a school district employee, the building administrator.

VI. FILTER
[NOTE: School districts that receive certain federal funding, such as e-rate discounts, for
purposes of Internet access and connection services and/or receive funds to purchase
Internet accessible computers are subject to the federal Children’s Internet Protection Act,
effective in 2001. This law requires school districts to adopt an Internet safety policy that
contains the provisions set forth below. Also, the Act requires such school districts to
provide reasonable notice and hold at least one public hearing or meeting to address the
proposed Internet safety policy prior to its implementation. School districts that do not
seek such federal financial assistance need not adopt the alternative language set forth
below nor meet the requirements with respect to a public meeting to review the policy. The
following alternative language for school districts that seek such federal financial
assistance satisfies both state and federal law requirements.]
A. With respect to any of its computers with Internet access, the school district will monitor
the online activities of both minors and adults and employ technology protection
measures during any use of such computers by minors and adults. The technology
protection measures utilized will block or filter Internet access to any visual depictions
that are:
1. Obscene;
2. Child pornography; or
3. Harmful to minors.
B. The term “harmful to minors” means any picture, image, graphic image file, or other visual
depiction that:

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1. Taken as a whole and with respect to minors, appeals to a prurient interest in
nudity, sex, or excretion; or
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.

C. Software filtering technology shall be narrowly tailored and shall not discriminate based on
viewpoint.
D. An administrator, supervisor, or other person authorized by the Superintendent may disable
the technology protection measure, during use by an adult, to enable access for bona
fide research or other lawful purposes.
E. The school district will educate students about appropriate online behavior, including
interacting with other individuals on social networking websites and in chat rooms and
cyberbullying awareness and response.
VII. CONSISTENCY WITH OTHER SCHOOL POLICIES
Use of the school district computer system and use of the Internet shall be consistent with
school district policies and the mission of the school district.
VIII. LIMITED EXPECTATION OF PRIVACY
A. By authorizing use of the school district system, the school district does not relinquish
control over materials on the system or contained in files on the system. Users should
expect only limited privacy in the contents of personal files on the school district
system.
B. Routine maintenance and monitoring of the school district system may lead to a discovery
that a user has violated this policy, another school district policy, or the law.
C. An individual investigation or search will be conducted if school authorities have a
reasonable suspicion that the search will uncover a violation of law or school district
policy.
D. Parents may have the right at any time to investigate or review the contents of their child’s
files and e-mail files in accordance with the school district’s Protection and Privacy of
Pupil Records Policy. Parents have the right to request the termination of their child’s
individual account at any time.
E. School district employees should be aware that the school district retains the right at any
time to investigate or review the contents of their files and e-mail files. In addition,
school district employees should be aware that data and other materials in files
maintained on the school district system may be subject to review, disclosure, or
discovery under Minnesota Statutes chapter 13 (Minnesota Government Data Practices
Act).

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F. The school district will cooperate fully with local, state and federal authorities in any
investigation concerning or related to any illegal activities or activities not in
compliance with school district policies conducted through the school district system.

IX. INTERNET USE AGREEMENT
A. The proper use of the Internet, and the educational value to be gained from proper Internet
use, is the joint responsibility of students, parents, and employees of the school
district.
B. This policy requires the permission of and supervision by the school’s designated
professional staff before a student may use a school account or resource to access the
Internet.
C. The Internet Use Agreement form for students must be read and signed by the user, the
parent or guardian, and the supervising teacher. The Internet Use Agreement form for
employees must be signed by the employee. The form must then be filed at the school
office. As supervising teachers change, the agreement signed by the new teacher shall
be attached to the original agreement.
X. LIMITATION ON SCHOOL DISTRICT LIABILITY
Use of the school district system is at the user’s own risk. The system is provided on an “as is,
as available” basis. The school district will not be responsible for any damage users may suffer,
including, but not limited to, loss, damage, or unavailability of data stored on school district
diskettes, tapes, hard drives, or servers, or for delays or changes in or interruptions of service
or misdeliveries or nondeliveries of information or materials, regardless of the cause. The
school district is not responsible for the accuracy or quality of any advice or information
obtained through or stored on the school district system. The school district will not be
responsible for financial obligations arising through unauthorized use of the school district
system or the Internet.
XI. USER NOTIFICATION
A. All users shall be notified of the school district policies relating to Internet use. B.
This notification shall include the following:
1. Notification that Internet use is subject to compliance with school district policies.
2. Disclaimers limiting the school district’s liability relative to:

a. Information stored on school district diskettes, hard drives, or servers.
b. Information retrieved through school district computers, networks, or online
resources.
c. Personal property used to access school district computers, networks, or
online resources.

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d. Unauthorized financial obligations resulting from use of school district
resources/accounts to access the Internet.

3. A description of the privacy rights and limitations of school sponsored/managed
Internet accounts.
4. Notification that, even though the school district may use technical means to limit
student Internet access, these limits do not provide a foolproof means for
enforcing the provisions of this acceptable use policy.
5. Notification that goods and services can be purchased over the Internet that could
potentially result in unwanted financial obligations and that any financial
obligation incurred by a student through the Internet is the sole responsibility
of the student and/or the student’s parents.
6. Notification that the collection, creation, reception, maintenance, and dissemination
of data via the Internet, including electronic communications, is governed by
Public and Private Personnel Data Policy, and Protection and Privacy of Pupil
Records Policy.
7. Notification that, should the user violate the school district’s acceptable use policy,
the user’s access privileges may be revoked, school disciplinary action may be
taken and/or appropriate legal action may be taken.
8. Notification that all provisions of the acceptable use policy are subordinate to local,
state, and federal laws.

XII. PARENTS’ RESPONSIBILITY; NOTIFICATION OF STUDENT INTERNET USE
A. Outside of school, parents bear responsibility for the same guidance of Internet use as they
exercise with information sources such as television, telephones, radio, movies, and
other possibly offensive media. Parents are responsible for monitoring their student’s
use of the school district system and of the Internet if the student is accessing the
school district system from home or a remote location.
B. Parents will be notified that their students will be using school district resources/accounts to
access the Internet and that the school district will provide parents the option to
request alternative activities not requiring Internet access. This notification should
include:
1. A copy of the user notification form provided to the student user.
2. A description of parent/guardian responsibilities.
3. A notification that the parents have the option to request alternative educational
activities not requiring Internet access and the material to exercise this option.
4. A statement that the Internet Use Agreement must be signed by the user, the
parent or guardian, and the supervising teacher prior to use by the student.
5. A statement that the school district’s acceptable use policy is available for parental
review.

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XIII. NOTIFICATION REGARDING TECHNOLOGY PROVIDERS
A. “Technology provider” means a person who:
1. contracts with the school district, as part of a one-to-one program or otherwise, to
provide a school-issued device for student use; and
2. creates, receives, or maintains educational data pursuant or incidental to a contract
with the school district.

B. “Parent” means a parent of a student and includes a natural parent, a guardian, or an
individual acting as a parent in the absence of a parent or a guardian.
C. Within 30 days of the start of each school year, the school district must give parents and
students direct and timely notice, by United States mail, e-mail, or other direct form
of communication, of any curriculum, testing, or assessment technology provider
contract affecting a student’s educational data. The notice must:
1. identify each curriculum, testing, or assessment technology provider with access to
educational data;
2. identify the educational data affected by the curriculum, testing, or assessment
technology provider contract; and
3. include information about the contract inspection and provide contact information
for a school department to which a parent or student may direct questions or
concerns regarding any program or activity that allows a curriculum, testing,
or assessment technology provider to access a student’s educational data.
D. The school district must provide parents and students an opportunity to inspect a
complete copy of any contract with a technology provider.
E. A contract between a technology provider and the school district must include
requirements to ensure appropriate security safeguards for educational data. The
contract must require that:
1. the technology provider’s employees or contractors have access to educational data
only if authorized; and
2. the technology provider’s employees or contractors may be authorized to access
educational data only if access is necessary to fulfill the official duties of the
employee or contractor.

F. All educational data created, received, maintained, or disseminated by a technology
provider pursuant or incidental to a contract with a public educational agency or
institution are not the technology provider’s property.

XIV. SCHOOL-ISSUED DEVICES
A. “School-issued device” means hardware or software that the school district, acting
independently or with a technology provider, provides to an individual student for that
student’s dedicated personal use. A school-issued device includes a device issued
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through a one-to-one program.
B. Except as provided in paragraph C, the school district or a technology provider must not
electronically access or monitor:
1. any location-tracking feature of a school-issued device;
2. any audio or visual receiving, transmitting, or recording feature of a school issued
device; or
3. student interactions with a school-issued device, including but not limited to
keystrokes and web-browsing activity.

C. The school district or a technology provider may only engage in activities prohibited by
paragraph B if:
1. the activity is limited to a noncommercial educational purpose for instruction,
technical support, or exam-proctoring by school district employees, student teachers,
staff contracted by the school district, a vendor, or the Minnesota Department of
Education, and notice is provided in advance;
2. the activity is permitted under a judicial warrant;
3. the school district is notified or becomes aware that the device is missing or stolen;
4. the activity is necessary to respond to an imminent threat to life or safety and the
access is limited to that purpose;
5. the activity is necessary to comply with federal or state law, including but not
limited to Minnesota Statutes section 121A.031; or
6. the activity is necessary to participate in federal or state funding programs,
including but not limited to the E-Rate program.

D. If the school district or a technology provider interacts with a school-issued device as
provided in paragraph C, clause 4, it must, within 72 hours of the access, notify the
student to whom the school-issued device was issued or that student’s parent and
provide a written description of the interaction, including which features of the device
were accessed and a description of the threat. This notice is not required at any time
when the notice itself would pose an imminent threat to life or safety, but must instead
be given within 72 hours after that imminent threat has ceased.

XV. CELL PHONE USE
The school board directs the superintendent and school district administration to establish rules
and procedures regarding student possession and use of cell phones in schools. These rules
and procedures should seek to minimize the impact of cell phones on student behavior, mental
health, and academic attainment. These rules and procedures may be designed for specific
school buildings, grade levels, or similar criteria.
A. Students are not to use their cell phone/electronic communication device during the
school day (8:11 am – 3:04/3:09) unless allowed by the classroom teacher for instructional
purposes. ALL students are allowed to use them before and after school and 7th-12th grade
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students may use them during lunch (11:40 am-12:30 pm).
B. Students may come to the office to use the office phone or bring their cell phones and make a
call from the office. Social calls are not to be made during school hours. Students will not be
called out of class except in emergencies. Messages will be taken from parents or guardians
only.
C. Teachers have the right to have students place their cell phones/smart
watches/earbuds/headphones (any electronic communication device) on the teacher’s desk or
in classroom cell phone/device storage holders any time throughout a class period or during a
school assembly.
D. Consequences if in violation of the above rules: (cell phones will be turned into the office if
noticed during the school day by ANY STAFF.)
1: 1st: violation: Cell phone must be picked up from the office by a parent/guardian and
not returned to the student until after the end of the school day.
2: 2nd violation: Cell phone must be picked up from the office by a parent/guardian and not
returned to the student until after the end of the school day. In addition, for the next 5 school
days the student will be required to turn their cell phone into the office during school hours.
3. 3rd Violation: Cell phone must be picked up from the office by a parent/guardian and not
returned to the student until after the end of the school day. In addition, for the next 10
school days the student will be required to turn their cell phone into the office during school
hours.
4. 4th & Beyond Violation: Cell phone must be picked up from the office by a parent/guardian
and not returned to the student until after the end of the school day. In addition, for the next
20 school days the student will be required to turn their cell phone into the office during school
hours.
*Based on the severity of misconduct, more serious consequences will be imposed at any time.
XVI. LIMIT ON SCREEN TIME FOR CHILDREN IN PRESCHOOL AND KINDERGARTEN
A child in a publicly funded preschool or kindergarten program may not use an individual-use
screen, such as a tablet, smartphone, or other digital media, without engagement from a
teacher or other students. This section does not apply to a child for whom the school has an
individualized family service plan, an individualized education program, or a 504 plan in effect.
XVII. IMPLEMENTATION; POLICY REVIEW
A. The school district administration may develop appropriate user notification forms,
guidelines, and procedures necessary to implement this policy for submission to the
school board for approval. Upon approval by the school board, such guidelines, forms,
and procedures shall be an addendum to this policy.
B. The administration shall revise the user notifications, including student and parent
notifications, if necessary, to reflect the adoption of these guidelines and procedures.
C. The school district Internet policies and procedures are available for review by all parents,
guardians, staff, and members of the community.
D. Because of the rapid changes in the development of the Internet, the school board shall
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conduct an annual review of this policy.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act

Minn. Stat. § 13.32 (Educational Data)
Minn. Stat. § 121A.031 (School Student Bullying Policy)
Minn. Stat. § 121A.73 (School Cell Phone Policy)
Minn. Stat. § 124D.166 (Limit on Screen Time for Children in Preschool and
Kindergarten)
Minn. Stat. § 125B.15 (Internet Access for Students)
Minn. Stat. § 125B.26 (Telecommunications/Internet Access Equity Act)
15 U.S.C. § 6501 et seq. (Children’s Online Privacy Protection Act)
17 U.S.C. § 101 et seq. (Copyrights)
20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
47 U.S.C. § 254 (Children’s Internet Protection Act of 2000 (CIPA))
47 C.F.R. § 54.520 (FCC rules implementing CIPA)
Mahanoy Area Sch. Dist. v. B.L., 594 U.S. 180, 141 S. Ct. 2038 (2021)
Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969)
United States v. Amer. Library Assoc., 539 U.S. 1942003)
Sagehorn v. Indep. Sch. Dist. No. 728, 122 F.Supp.2d 842 (D. Minn. 2015)
R.S. v. Minnewaska Area Sch. Dist. No. 2149, 894 F.Supp.2d 1128 (D. Minn.
2012)
Tatro v. Univ. of Minnesota, 800 N.W.2d 811 (Minn. App. 2011), aff’d on other
grounds 816 N.W.2d 509 (Minn. 2012)
S.J.W. v. Lee’s Summit R-7 Sch. Dist., 696 F.3d 771 (8th Cir. 2012)
Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton R-III

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Sch. Dist., 853 F.Supp.2d 888 (W.D. Mo. 2012)
M.T. v. Cent. York Sch. Dist., 937 A.2d 538 (Pa. Commw. Ct. 2007)
Cross References: MSBA/MASA Model Policy 403 (Discipline, Suspension, and Dismissal of School

District Employees)

MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 505 (Distribution of Nonschool-Sponsored Materials
on School Premises by Students and Employees)
MSBA/MASA Model Policy 506 (Student Discipline)
MSBA/MASA Model Policy 514 (Bullying Prohibition Policy)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
MSBA/MASA Model Policy 519 (Interviews of Students by Outside Agencies)
MSBA/MASA Model Policy 521 (Student Disability Nondiscrimination)
MSBA/MASA Model Policy 522 (Title IX Sex Nondiscrimination Grievance
Procedures and Process)
MSBA/MASA Model Policy 603 (Curriculum Development)
MSBA/MASA Model Policy 604 (Instructional Curriculum)
MSBA/MASA Model Policy 606 (Textbooks and Instructional Materials)
MSBA/MASA Model Policy 806 (Crisis Management Policy)
MSBA/MASA Model Policy 904 (Distribution of Materials on School District
Property by Nonschool Persons)