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AB-2774 Education technology: Internet safety policy.(2007-2008)

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AB2774:v97#DOCUMENT

Amended  IN  Assembly  April 09, 2008
Amended  IN  Assembly  March 24, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2774

Introduced  by  Assembly Member Fuller

February 22, 2008

An act to add Article 2 (commencing with Section 51710) to Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, relating to education technology.


LEGISLATIVE COUNSEL'S DIGEST


AB 2774, as amended, Fuller. Education technology: Internet safety policy.
The federal Children’s Internet Protection Act prohibits a local educational agency from using certain federal funds to purchase computers for an elementary or secondary school to use for Internet access, or to pay for direct costs associated with Internet access at that school, unless the school or its governing local educational agency has in place an Internet safety policy, as specified, for both minors and adults, that includes the operation of a technology protection measure with respect to any of those computers with Internet access.
This bill would require a school district that is subject to the requirement in the federal act to have an Internet safety policy in place that includes a technology protection measure, and a school district that otherwise adopts and implements an Internet safety policy that includes a technology protection measure after January 1, 2009, to monitor and review Internet usage on its school computers on a monthly basis. The bill also would require those districts to establish consequences for violations of its Internet safety policy by adults and minors report each allegation of several specified types of sexual misconduct by a credential holder to the Commission on Teacher Credentialing no later than 30 days after the district becomes aware of the allegation.
By requiring school districts to perform additional duties, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 2 (commencing with Section 51710) is added to Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code, to read:
Article  2. Internet Safety Policies

51710.
 (a) For purposes of this section, the following definitions apply:
(1) “Internet safety policy” means a policy that addresses all of the following issues:
(A) Access by minors to inappropriate matter on the Internet and World Wide Web.
(B) The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communication.
(C) Unauthorized access, including hacking and other unlawful online activities by minors.
(D) Unauthorized disclosure, use, and dissemination of personal information regarding minors.
(E) Measures designed to restrict the access of minors to materials that are harmful to them.
(2) “Technology protection measure” means a technology that blocks or filters Internet access and protects against access by adults and minors to inappropriate matter. It may be disabled for adults engaged in legitimate research or other lawful purposes.
(b) A school district that is subject to the requirement in the federal Children’s Internet Protection Act (Public Law 106-554) to have an Internet safety policy in place that includes a technology protection measure, and a school district that otherwise adopts and implements an Internet safety policy that includes a technology protection measure after January 1, 2009, shall monitor and review Internet usage on its school computers on a monthly basis.

(c)A school district described in subdivision (b) shall establish consequences for violations of its Internet safety policy by adults and minors.

No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.

(c) A school district shall report each allegation of any of the following types of misconduct by a credential holder to the Commission on Teacher Credentialing no later than 30 days after the district becomes aware of the allegation:
(1) Viewing video or a minimum of six pictures that depict genitals or female breasts for purposes unrelated to curriculum in more than five instances. For purposes of this paragraph, the pictures shall be high definition and greater than thumbnail size.
(2) Inappropriate communications of a sexual nature, including email, instant messaging, and written communications, with a minor pupil that exceed the professional duties of the credential holder.
(3) Threats that are violent or sexual in nature.
(4) Any other type of misconduct by a credential holder that the district includes in its Internet safety policy

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.