Senate Bill 230, enacted during the 1998 General Assembly, requires the Kentucky Board of Education to promulgate administrative regulations to prevent sexually explicit material from being transmitted via education technology systems; directs each local school district and school to use the latest available filtering technology to ensure that sexually explicit material is not made available to students; requires the Department of Education to make filtering technology available to every school without cost; and, requires each local school district to establish a policy regarding student Internet access.
The resulting administrative regulation, 701 KAR 5:120, fulfills the requirements of 1998 Senate Bill 230. At the school district level, the regulation requires that each school district adopt and implement an acceptable use policy in every school that conforms to the guidelines issued by the Department; specifies school district responsibilities for implementing and maintaining filtering capabilities in every school; and prohibits the use of electronic mail systems which do not meet state product standards.
Each local district was required to attain compliance with 1998 SB 230 and 701 KAR 5:120 by 30 June 1999.
- Review governing statute and administrative regulation.
- Review state requirements for Acceptable Use Policies.
- Formulate or revise existing acceptable use policy to ensure compliance.
Install Proxy services at each district office and school.
- Formulate local procedures and policies for filtering and proxy log management.
- Formulate or revise local disciplinary procedures to manage violations of acceptable use policy.
- Discontinue use of Internet email accounts through third party providers or any other nonstandard electronic mail system.
- Indicate compliance has been achieved via submission of 1999/2000 KETS Unmet Need Report and Consolidated Plan assurances.
It is important that districts understand the distinction between:
- Law (Statute and Administrative Regulation)
- Policy (Policy interprets and operationalizes the intent of law)
- Guidelines and Recommendations (information provided to facilitate local implementation) so that compliance can be achieved in balance with the need for local decision-making.
The Master Plan for Education Technology, with associated standards, is incorporated by reference into Kentucky Administrative Regulation.
701 KAR 5:110
For Proxy Services Implementation, contact your KETS Regional Engineer.
The Department of Education will ascertain compliance with these provisions as a condition of school district participation in the offers of assistance process for education technology funds. (25 Ky.R. 1279; eff. 1-19-99.)
Districts who review the resources noted above and complete all steps of the process should achieve compliance with 1998 SB 230 and accompanying regulation.
701 KAR 5:120
701 KAR 5:120 mandates the prevention of sexually explicit materials transmitted to schools via computer.
Acceptable Use Policy: Guidelines for Districts
This policy sets forth guidelines for district and school compliance with 1998 Senate Bill 230, An Act Relating to School Technology, and 701 Kentucky Administrative Regulation 5:120 Prevention of Sexually Explicit Materials Transmitted to Schools via Computer.
New feature keeps Internet access control in local hands
This March 1999 article was written by Wilmer S. Cody and published in Kentucky Teacher.