(a)

• (1) The board of directors of each school district in this state shall develop and adopt a written policy concerning student and staff use of computers owned by the school district.
• (2) The written policy shall state that a system to prevent computer users from accessing material harmful to minors shall be established and maintained for all public access computers in the school district. The policy shall be implemented by August 1, 2001.

(b) The written policy shall include provisions for administration of punishment of students for violations of the policy with stiffer penalties for repeat offenders, and the same shall be incorporated into the school district's written student discipline policy.

(c) Students shall sign a computer-use agreement form outlining proper and improper use of public access computers before being allowed to access the computer equipment.

(d) For purposes of this section:

• (1) “Harmful to minors” has the same meaning as prescribed in § 5-68-501; and
• (2) “Public access computer” means a computer that:
  • (A) Is located in a public school or public library;
  • (B) Is accessible by a minor; and
  • (C) Is connected to any computer communication system such as, but not limited to, what is commonly known as the internet.

(a) As used in this section:

• (1) “Harmful to minors” means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:
  • (A) The average person eighteen (18) years of age or older applying contemporary community Standard would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
  • (B) The average person eighteen (18) years of age or older applying contemporary community Standard would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing Standard in the adult community with respect to what is suitable for minors; and
  • (C) The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors; and
• (2) “Public access computer” means a computer that:
  • (A) Is located in a public school;
  • (B) Is frequently or regularly used directly by a minor; and
  • (C) Is connected to any computer communication system.

(b) A public school that provides a public access computer shall equip the computer with technology that seeks to prevent minors from gaining access to material that is harmful to minors or obtain internet connectivity from an internet service provider that provides filter services to limit access to material that is harmful to minors. Standard and rules for the enforcement of this subsection shall be prescribed by the State Board of Education.

(c) A school district board of directors by a majority vote and after an opportunity for a notice and comment period of at least thirty (30) calendar days may vote to exclude the public schools under its authority from the provisions of subsection (b) of this section.