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When Filters and the First Amendment Clash: Policies for Student Access. Texas Library Association Conference April 13, 2011 Helen Adams, Lea Bailey, and Barbara Jansen. Session Overview. Part 1: CIPA/NCIPA + student 1st Amendment rights Part 2

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When filters and the first amendment clash policies for student access

When Filters and the First Amendment Clash: Policies for Student Access

Texas Library Association Conference

April 13, 2011

Helen Adams, Lea Bailey, and Barbara Jansen

Session overview
Session Overview Student Access

  • Part 1:

    • CIPA/NCIPA + student 1st Amendment rights

  • Part 2

    • Internet safety policies compared to CIPA and impact on student research

  • Part 3

    • AUP + e-course

  • Part 4:

    • Wrap-up

Part i
Part I Student Access

CIPA/NCIPA + student 1st Amendment rights

Results of filtering
Results of Filtering Student Access

  • Project Tomorrow “Speak Up 2010” survey

    • #1 complaint

  • Blog lockdown

What does cipa require
What does CIPA require? Student Access

  • CIPA requirements for K-12 schools:

    • Certify have installed “technology protection measures”

      • All computers used to access the Internet by adults & minors

      • Protect against “visual depictions of child porn, obscenity, or material harmful to minors”

        • Federal definitions

    • Certify having an Internet Safety Policy

      • Includes monitoring minors online

        • Minors <17 years old

      • Educating about appropriate behavior online

        • Protecting Children in the 21st Century Act

What about ncipa
What about NCIPA? Student Access

  • Schools receiving E-rate discounted services

  • Internet Safety Policy (AUP) addressing:

    • Access to “matter inappropriate to minors” on Internet

      • No federal definition

      • Local determination

    • Safety/security of minors using email, chat, etc.

    • Protecting confidentiality of minors’ PII

    • Unlawful activities

  • State laws

Students first amendment rights
Students’ First Amendment Rights Student Access

  • Supreme Court: minors’ free speech & expression rights

    • Tinker v. Des Moines Independent Community School District (1969)

    • Board of Education v. Pico (1982)

      • “…right to receive ideas as part of …freedom of speech”

      • Apply 1st A. rights “in light of special circumstances in schools”

  • School officials may restrict speech (access to info) if:

    • Materials are:

      • “educationally unsuitable” or “pervasively vulgar”

    • May not restrict:

      • Politically motivated or

      • Based on disagreement with ideas

  • Students rights online
    Students Rights’ Online Student Access

    • Supreme Court decision on CIPA

      • United States v. ALA (2003)

        • Imprecise & blocking protected speech

        • Constitutional

        • Ask librarian to unblock

    • Consider factors

      • Pico: 1st Amendment rights to receive information

      • ALA: Unblock site with protected speech

      • Filters: over-block & under-block

        • Educationally suitable

          • Teachable moments

        • Obscene, child porn, harmful to minors

          • Pets

    Students rights online1
    Students’ Rights Online Student Access

    • Create AUP to balance 3 interests

      • CIPA requirements

      • NCIPA local control

      • Minors’ First Amendment rights

  • Include:

    • Process to unblock sites with protected speech

      • Disclaimer

  • “World’s Simplest Online Safety Policy”

    • http://tinyurl.com/3awz7hb

  • Over to you
    Over to you… Student Access

    • Does your district’s AUP include process to unblock sites for students (minors)?

    • Informal unblocking?

    Part 2
    Part 2 Student Access

    Internet Safety Policies Compared to CIPA & Impact on Student Research

    NCIPA E-Rate funding Student Access

    What’s blocked? Student Access

    Monitoring Student Access

    Protecting Children in the 21 Student Accessst Century

    Permission pending, http://www.bbc.co.uk/cbbc/help/web/besmart.shtml, March 19, 2011.

    Part 3
    Part 3 Student Access

    At the Local Level

    At the local level
    At the Local Level Student Access

    • What does the law require in Texas?

      • Must have an Internet safety policy which protects children from obscene materials to access Texas Infrastructure Funds

    AUP Student Access

    • How do you ensure that staff and students are reading your acceptable use policy?

      • Signature page turned in

      • Attendance at a meeting

      • Just assume they read and understand it

      • ecourse

    Ecourse for staff
    ecourse Student Access for Staff

    Now what
    Now what? Student Access

    Can staff unblock a site
    Can staff unblock a site? Student Access

    • Teachers

      • Open access

      • Same as student access

      • Override password

      • Request access

    Requesting access
    Requesting access- Student Access

    Requesting access1
    Requesting access- Student Access

    Can students do the same
    Can students do the same? Student Access

    • Students

      • No legal way around

      • Go through teacher

      • Get around system

    Reality means
    Reality means- Student Access

    Reality means1
    Reality means- Student Access

    Reality means2
    Reality means- Student Access

    Personal devices
    Personal Devices Student Access

    • What about these?

      • Internet capable phones

      • Ipads, Nooks, Kindles, etc.

    • What policies pertain to these?

    • Are we responsible for students’ activity during school hours?

    Filter changes
    Filter Changes Student Access

    • What happens when the district changes the filter or upgrades the existing one?

      • Will all previous unblockings be carried over?

      • Are teachers and students notified of the pending change?

      • Or, when it will happen?

    Consider- Student Access

    If we are filtering and making content related decisions for students, are we really teaching information literacy or developing students who can think for themselves in the real world?

    How does this fit into college readiness standards?

    Part 4 wrap up
    Part 4: Wrap-up Student Access

    • ALA Office for Intellectual Freedom

      • Filtering/privacy questions

      • 800-545-2433, ext. 4220

    • List of resources

      • Minors & Minors Internet Interactivity: Interpretation of LBOR

        • Supports minors’ academic & personal use of Web 2.0

      • ACLU- Don’t Filter Me

    • PP & resources URL: http://www.irvingisd.net/learningresources/library%20presentations.html

    Speaker contact info
    Speaker contact info Student Access

    • Helen Adams, School Library & Information Technologies Program, Mansfield University (PA)

    • Barbara Jansen, Dept. Chair, 1-12 Ed. Tech. and Library Services, & Upper School Librarian, St. Andrew's School (Austin)

    • Lea Bailey, Director of Learning Resources, Irving ISD