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Online Safety: What the Children's Protection Act has in store for you this fall

Children always seem anxious for Halloween to arrive, marking a day of celebration and seemingly endless treats. But this year, Halloween also could mark a bad "trick" for your schools if you haven't prepared for changes in federal technology mandates.

Sidebar: Taking Internet Safety HomeDespite countless objections to its philosophy and implementation methods, the Children's Internet Protection Act (CIPA) mandates specific strategies to prevent adverse computer use by school-age children. Districts that cannot certify compliance or show ongoing efforts to be in compliance by October 28 risk losing federal monies for the E-Rate and the Elementary and Secondary Education Act (ESEA) for the school year. In fact, schools might also be liable for returning any E-Rate funds received during the period in which they were not in compliance.

Although it's only a short time until the CIPA deadline, any school system can accomplish what is required under the law. Requirements differ depending on what federal funds your school or district receives (E-Rate and ESEA). Here, we will address the tasks involved with the E-Rate, which encompasses all of the ESEA requirements.

Under the rules established by Congress and the Federal Communications Commission (FCC), schools must certify that they have accomplished three specific tasks:

  1. Created an Internet safety policy and distributed it to their school community;
  2. Implemented technology-blocking measures to prevent students from accessing inappropriate material from all school computers, or certified that they are undertaking measures to implement such technology; and
  3. Conducted a public meeting to disseminate and discuss the school's new or revised Internet safety policy.

Creating an Internet safety policy

According to CIPA, schools must "adopt and implement" a policy that addresses all of the following issues:

  • Access by minors to inappropriate material on the Internet and World Wide Web;
  • Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications (such as Napster, AOL Instant Messenger, and Web-based e-mail sites);
  • Unauthorized access, including so-called hacking, and other unlawful activities by minors online;
  • Unauthorized disclosure, use, and dissemination of personal information regarding minors; and
  • Measures designed to restrict access to materials deemed "harmful to minors."

"Inappropriate material." "Harmful to minors." What would a federal mandate be without some ambiguous terminology? CIPA regulations leave it up to local school boards or educational authorities to determine what is "inappropriate" or "harmful." To be on the safe side, involve legal counsel in the review and approval of your new or revised policy, and make certain the policy sufficiently addresses what comprises inappropriate material and how it is determined and that such determinations do not conflict with First Amendment free-speech rights.

Even if your district already has an acceptable-use policy (AUP), it is still important to review the document and ensure it addresses each of the topics detailed above. Indeed, most AUPs do refer to some or most of these statements, but it is a good idea to regularly review and update such policies to reflect ongoing advances in technology. If you decide to use your existing AUP for this requirement or adapt it modestly, I recommend renaming the document "Acceptable Use and Internet Safety Policy."

Another point of confusion stems from the CIPA requirement that schools must restrict minors' access to harmful materials. Internet filtering is most commonly associated with this statement, but filtering is not the only method of security you can or should implement. In addition to filtering, schools can adopt guidelines that prevent students from using computers without a staff member present. (Other technology solutions that can provide for greater security and monitoring of student activity will be discussed later.)

Internet filtering requirements

At the core of the CIPA controversy is the requirement that schools implement technology that blocks or filters access to inappropriate material online. To receive federal technology funds for 2001-2002, schools must certify that they have the required technology in place or that they are taking action to procure and install it. This has raised objections from educators who question the philosophy and effectiveness of filtering technology. What's more, filtering services are not eligible for E-Rate funding, though some officials have suggested that funds may be used from Title I or Title III dollars.

Filtering services and technologies can range in cost from a few hundred to several thousand dollars annually, so no single solution can apply to every school system. When you're looking for the ideal commercial filtering provider for your schools, you'll need to keep several factors in mind. Important considerations include filtering categories, selection of filtered content, technical delivery of filtering (server-based vs. client based), and customization of filtering for different age levels. Let's look at each one:

• Filtering categories. Internet filtering prevents a user from viewing Web pages listed on a particular database. CIPA only requires that schools filter "visual depictions of obscenity, child pornography, and material harmful to minors." Commercial filtering providers often maintain growing lists of sites, categorized by content issues (adult, pornography, hate/violence, drugs/alcohol, gambling, cheat sites). Some providers also restrict access to sites that offer free e-mail and Web page hosting -- often a source of malicious conduct without proper tracking abilities. Others will also allow for the restriction of Web sites such as chat, auctions, and gaming sites that might distract students when they should be focusing on academics.

* Selection of filtered content. You'll want to carefully examine the method of selection the company uses to filter sites. Basing filtration solely on automatic keyword searches can easily miss Web sites in foreign languages or sites that intentionally display photos and images but no text. Keyword selection can unintentionally block potentially valuable sites merely because they include such terms as "breast cancer" or "adult education." Filtering based on human selection helps block sites that deserve to be blocked and still makes available sites that are educationally sound. Ideally, look for a company that updates its filtering lists daily, rather than monthly.

* Technical delivery of filtering. The size and scope of your instructional computer network will determine the feasibility of implementing a server-based filtering solution versus a client-based product. Server-based systems maintain filtering lists on a local or virtually hosted proxy server connected to your school's computer network. As users go out onto the Web from school computers, their requests pass through the proxy server, which approves or rejects the Web address. These solutions require the purchase or lease of a proxy server, as well as an annual fee to update and maintain the database of filtered sites.

Less expensive virtual solutions redirect your connections to a proxy server hosted at a remote location -- typically at the site of the filtration company -- where they filter access to hundreds or thousands of schools simultaneously. Such solutions usually can be implemented within hours, not weeks, for delivery and installation of new equipment. Although dedicated filtering servers are more expensive than add-ons or other virtual solutions, they offer greater reliability and customization for local school control.

Client-based products consist of software installed on individual computers -- ideal for school systems that use modems to connect single workstations to the Internet. While far less expensive, this approach often requires more work hours to install and may require additional time to update the filtering databases. Many vendors have advanced the security of their products, but installation on the local personal computer allows for a greater likelihood of a student circumventing the filtering.

Although CIPA does not make schools responsible for filtering Internet access in the home, schools might want to take this initiative. Client-based products are ideal for installation on school computers and laptops that students are permitted to take home.

* Customization of filtering. Before you choose a product, you'll want to consider whether you'll have access to filtration control. CIPA allows adults to disable filtering for bona fide research and other lawful purposes. In addition, you might want to filter additional content from younger children above and beyond the CIPA requirements. And teachers might want the ability to override blocked sites if they believe the content is educationally valid for the student. Look for filtering solutions that offer users different levels of access based on their user name and password.

But be forewarned: Announcing that you are filtering Internet access will prompt some students to test the limits of your school's security. It will become their personal quest to find Web sites displaying inappropriate material. No filtering solution, whether it costs $50 or $50,000, can guarantee that children will not come across inappropriate material online. Certainly accidents can and will happen, such as when a first-grader wants to visit the president at whitehouse.com -- a porn site with an intentionally misleading name. But schools must also be ready for students who are intent on testing your new filtering solution's reliability and effectiveness.

More effective than filtering technology in preventing such problems are online reporting and monitoring tools. These products maintain a running log of Internet activity, recording which sites a particular user has visited. Newer monitoring solutions even capture screen shots, allowing a teacher or principal to see exactly what the student was doing on the computer. Students who are successful in circumventing filtering will still have to answer to the teacher or principal who shares the log of questionable Web sites with their parents. Schools seriously looking to control students' computer activity could greatly benefit from a monitoring solution.

Hosting your public meeting

CIPA's final requirement is to hold at least one public hearing or meeting to discuss the district's Internet safety policy. Schools must also provide reasonable public notice of the hearing. The ruling does not require a separate event for this hearing, so you can hold a special session as part of an existing school board meeting to address the policy and seek public input. Use your school board's existing public notification channels (legal notices, listings in school newsletters, distribution of announcements) to provide the required public notice.

Rather than view this hearing and other new requirements as annoying mandates, why not seize the opportunity to reinforce the importance of educational technology in school and at home. As parents arrive at the Internet safety hearing, welcome them with an exhibit of unique technology education projects taking place in your school system. Invite the students to share their knowledge with adults. Even better: Offer parents who attend the hearing a certificate for a free computer class taught after school by the faculty and students.

Despite advances in technology, personal human interaction remains the most essential contact for a young learner. Congress might believe that filtering software will protect students from the Internet's harms, but only dedicated educators and families can help make technology safer for our children. Although you're responding to mandated CIPA regulations, this is also an opportunity to focus your staff on technology integration -- and to focus the community at large on the importance of funding new technology programs.

Look at it this way: By Halloween, your school system will be fully CIPA compliant, and your students will be out enjoying Halloween ... unless Congress suddenly decides to mandate trick-or-treat filtering, too.


Elliott Levine is chief communications officer of AbleSoft, a producer of academic and school management software. The former communications director with the Lawrence, N.Y., Public Schools, he presents workshops on electronic school communications and consults with schools nationwide on their public relations efforts.

Glenn Russell is a lecturer at the Faculty of Education, Peninsula Campus, Monash University, Victoria, Australia.

Copyright © 2001, 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. Within the parameters of fair use, 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 linked, 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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