Local School Boards — Internet Filtering Required

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-132. Local School Boards — Internet filtering required. (1) As a condition for receiving moneys from the state general fund, each local school district and public charter school shall have internet content filters that shall be included as part of any wireless internet access made available to children. The content filters shall: (a)  Prohibit and prevent the use of school computers and other school owned technology-related services from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514 , Idaho Code; and (b)  Filter or block internet access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18 , Idaho Code. (2)  The filtering solution shall be configurable to school district and public charter school policies regarding acceptable, age appropriate internet content. The content filtering shall include the ability: (a)  For each school district and public charter school to manage its own filtering policies, including the decision to block specific categories of content and to maintain its own whitelist and blacklist overrides; (b)  To provide individual school district and public charter school utilization and filtering reports, including the most frequently visited websites, the most frequently visited categories, the most frequently blocked websites, the most frequently used search terms, and the top authenticated users; (c)  To audit all changes to content filtering; and (d)  For all reporting and management of content filtering to be available through any internet-connected browser and efficiently perform all content filtering functions. (3)  A school district or public charter school may offer digital or online library resources to students in kindergarten through grade 12 only if the vendor or other person or entity providing the resources verifies that all the resources will comply with the provisions of subsection (4) of this section. (4)  Digital or online library resources offered by school districts or public charter schools to students in kindergarten through grade 12 shall have safety policies and technology protection measures that: (a)  Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in section 18-1514 , Idaho Code; and (b)  Filter or block access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18 , Idaho Code. (5)  Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection (4) of this section, the school district or public charter school may withhold further payments, if any, to the provider pending verification of compliance with the provisions of subsection (4) of this section. (6)  If a provider of digital or online library resources fails to timely verify that the provider is in compliance with the requirements of subsection (4) of this section, the school district or public charter school may consider the provider’s act of noncompliance a breach of contract. (7)  School districts and public charter Schools shall have policies that: (a)  Establish appropriate disciplinary measures to be taken against persons violating the policy provided for in this section; (b)  Include a component of internet safety for students that is integrated into the school district’s or public charter school’s instructional program; and (c)  Inform the public that administrative procedures have been adopted to enforce the policy provided for in this section and to handle complaints about such enforcement, and that such procedures are available for review at the school district or public charter school office. (8)  The policy provided for in subsection (1) of this section may include terms, conditions, and requirements deemed appropriate by the school district’s board of trustees or the public charter school’s governing board, including but not limited to requiring written parental authorization for internet use by minors or differentiating acceptable uses among elementary, middle, and high school students. (9)  The district’s superintendent is hereby authorized to take reasonable measures to implement and enforce the provisions of this section.