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School Board of Tomorrow: January 2000
Who's Got Mail? Policy advice on staff and student e-mail. By Kathleen Vail

You've heard the stories: A student uses his school e-mail account to send a threatening message to the White House. A teacher receives a sexually explicit e-mail from a colleague. An administrator sends out political campaign materials on the school district's e-mail system. A man arranges to meet a preteen girl after getting her school e-mail address through a chat room.

When e-mail first became available to school districts, much of the policy discussion centered on the way school board members might use e-mail and whether open-meeting laws applied to e-mail correspondence. But as more districts get e-mail accounts for students and staff, board members need to attend to safety and liability considerations as well.

Acceptable use

E-mail opens up a whole new world to students. They can exchange messages with students in other states and other countries. They can contact professors, authors, scientists, and other experts for research. They can discuss homework assignments and ask their teachers questions after the school day is over.

Unfortunately, though, e-mail also gives students opportunities and responsibilities that some of them aren't mature enough to handle. It's all too easy for kids to send improper messages, get involved with inappropriate chat groups, or become victims of sexual predators. And they can just plain waste time sending messages to each other instead of doing their work.

An acceptable-use policy for student e-mail is the cornerstone of a sound e-mail policy -- and might prevent such problems. "Acceptable-use policies are very important," says Ronald Wenkart, general counsel with the Orange County Department of Education in Costa Mesa, Calif. "Students are immature and do things they shouldn't."

Acceptable-use policies essentially are contracts among the school, the student, and the parent. They outline what students can and cannot do using school technology, including the Internet and e-mail accounts.

According to Wenkart, who wrote a chapter on this topic in Legal Issues and Education Technology: A School Leader's Guide, published by the National School Boards Association, a good acceptable-use policy does the following:

* Establishes detailed ground rules on when and how students can use the Internet and e-mail.

* Contains an annual notification clause that requires parents each school year to sign an agreement that grants permission for their child to use school-provided Internet services. Students should be required to sign the document as well. The parents and the student should acknowledge that the policy has been read and understood and that it will be obeyed.

* Explains to parents that teachers and administrators will supervise the conduct of students on school grounds.

* Makes compliance part of the student code of conduct and subjects the students to disciplinary actions, including taking away Internet and e-mail privileges for willful violations.

* Prohibits obscenity and other offensive language while using school equipment.

* Forewarns students that network administrators can review e-mail, file folders, and communications to maintain system integrity and make sure users are using the system responsibly. Users should not expect that files stored on the district servers are private.

* Imposes personal responsibility for passwords, security, and maintenance of equipment. The policy should stress that password sharing is prohibited.

* Includes specific punishments for violations of the policy.

* Is accompanied by or includes a "netiquette" document that guides users on the right way to act while using the Internet and e-mail.

* Specifies whether chat rooms will be considered off-limits.

* Asserts that the school district will not be responsible for unauthorized costs incurred by students, nor will the district vouch for accuracy of information obtained through the Internet, nor will the district be responsible for students' negligence or mistakes.

With an acceptable-use policy in place, schools should make sure teachers and staff discuss with their students the right and wrong way to use e-mail. For example, says Wenkart, teachers should explain that e-mail is not a confidential medium for transmitting personal messages; that it can be reviewed by others and should only be used for legitimate educational purposes or as authorized; and that it should be viewed as the sending of a written memorandum by electronic means.

In addition, he says, students should be informed that their e-mail will be monitored and that the discipline policy will be enforced if infractions occur. They should be told that there is no guarantee of privacy when using any school technology. And they should be strongly advised not to give personal information over the Internet.

Dangers and benefits

Concern over students getting "spammed" or sent obscene material or Internet links on their school accounts led school board member Art Beroff to look for Internet filtering programs that also filtered X-rated e-mail. Beroff, a member of the District 27 School Board in Queens, N.Y., says his school district doesn't provide e-mail accounts for its 35,000 elementary and middle school students.

Many teachers have purchased their own computers and Internet connections for their classrooms, however, and set up e-mail accounts for students through commercial providers. Like all e-mail, these accounts were subject to pornography spams. Students know they aren't supposed to click on the sites, Beroff says, but it's unrealistic to expect that they'll always follow the rules. The filtering software was a better solution, he says: "A child in junior high won't look at the rules, doesn't want to see the rules. We made a policy that was based on the reality of the world."

School boards must decide for themselves if the dangers of student e-mail accounts outweigh the benefits. In fact, some districts come to the conclusion that the potential trouble isn't worth it and, as a result, don't provide e-mail access to their students. "Districts should be hesitant to allow students to have e-mail," says Wenkart. "It's too hard to monitor."

When accounts were set up for teachers and staff members at Township High School District 214 in Arlington Heights, Ill., says Keith Mann, director of media services and technology, the district decided not to give students e-mail accounts.

"It was a conscious decision," says Mann. "The reasons were, it was too much of a headache and it took too many district resources to manage."

Mann sees benefits in allowing students access to e-mail, however. He and his staff are looking into a system that would give students internal e-mail, so they could e-mail each other and their teachers. "I believe e-mail is good for kids," says Mann. "Some kids are mature, and some aren't. Holding it back from one group hurts the other."

Staff e-mail

Providing e-mail accounts for teachers and staff members is generally an easier call. After all, most school employees are responsible adults -- and besides, as an employer, a district exercises some control over its employees. Still, employees have been known to abuse their e-mail, so it's wise to have a clear policy for staff in addition to your student policy.

One place to start is an acceptable-use policy for employees. Whether you should use the same policy for students and staff should be a point of discussion, says Wenkart. A single policy establishes the same standards for everyone, avoiding confusion. On the other hand, having separate policies for students and staff lets you address the circumstances and needs of each group.

Some districts try to prevent staff e-mail problems by prohibiting the use of e-mail for anything other than school business. That kind of policy is difficult to enforce, however, says Rodney Satterwhite, an attorney with McGuire Woods Battle & Boothe, in Richmond, Va. He recommends looking at e-mail use the same way you'd look at phone use. If employees spend too much time on personal phone calls, they should be disciplined. "But it's not realistic to say you can never take a phone call from your wife," says Satterwhite.

What's more, a district can run into trouble if it uses a "no personal business" policy to prevent teachers from sending messages about unionizing or union activities. "If you terminate someone for sending a union message but not for writing a letter to a son," says Satterwhite, issues of fairness will arise. Such a policy must be enforced consistently.

Like students, teachers and staff need to be reminded they should never consider their e-mail private. "Lots of people think that when they delete a message, it's deleted," says Satterwhite. But many systems administrators, in an effort to protect and back up information on their networks, save e-mail from the system for much longer than they have to; Satterwhite recommends not saving e-mails for longer than five days. Teachers and staff should be told: "Don't put anything in an e-mail you wouldn't put on letterhead."

Courts increasingly are asking for e-mail messages in the discovery process for lawsuits, including sexual harassment and discrimination claims. They have not been sympathetic, says Satterwhite, to arguments about the expense and burden of retrieving stored e-mail. It makes sense, he says, to have a policy that limits how long a district keeps e-mail. Staff should be reminded to print the messages they need and delete the rest, he says.

Kathleen Vail is an associate editor of Electronic School.


IDEAS AND RESOURCES

For help crafting an acceptable-use policy, a good place to start is Legal Issues and Education Technology: A School Leader's Guide, published in 1999 by the National School Boards Association's Council of School Attorneys and Technology Leadership Network ($35; for ordering information, call 800-706-6722; order no. 03-145-10).

The following is the introduction to a policy adopted by the Plano (Texas) Independent School District, which appears in the book. The first paragraph is a statement of purpose. The second outlines risks but affirms the district's commitment to the value of technology in education. The last paragraph gives a general statement of expectations.

"The Plano Texas Independent School District provides technology resources to its students and staff for educational and administrative purposes. The goal in providing these resources is to promote educational excellence in the Plano schools by facilitating resource sharing, innovation, and communication with the support and supervision of parents, teachers, and support staff. The use of these technology resources is a privilege, not a right.

"With access to computers and people all over the world comes the potential availability of materials that may not be considered of educational value in the context of the school setting. Plano ISD firmly believes that the value of information, interaction, and research capability available outweighs the possibility that users may obtain material that is not consistent with the educational goals of the district.

"Proper behavior, as it relates to the use of computers, is not different than proper behavior in all other aspects of Plano ISD activities. All users are expected to use the computers and computer networks in a responsible, ethical, and polite manner. This document is intended to clarify those expectations as they apply to computer and network usage and is consistent with district policy."

For further discussion and additional sample AUPs, check the following links:

"Critiquing Acceptable Use Policies," by Dave Kinnaman:

Sample AUPs at Rice University:

Acceptable-use policy for Newport-Mesa Unified School District and other California districts

California School Boards Association

Reproduced with permission from the January 2000 issue of Electronic School. Copyright © 2000, National School Boards Association. Electronic School is an editorially independent publication of the National School Boards Association. Opinions expressed by this magazine or any of its authors do not necessarily reflect positions of the National School Boards Association. This article may be printed out and photocopied for individual or educational use, provided this copyright notice appears on each copy. This article may not be otherwise transmitted or reproduced in print or electronic form without the consent of the Publisher. For more information, call (703) 838-6739.

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