Kentucky K-12 school districts are required to establish Acceptable Use Policies (AUP’s) for appropriate technology use which conforms to the provisions of the 1998 Senate Bill 230 and the accompanying Kentucky Administrative Regulation 5:120 (701 KAR 5:120) as well as federal CIPA requirements.

Section 1. Acceptable Use Policies. (1) A local school district shall adopt an acceptable use policy which has the following characteristics:

• (a) Conforms to the guidelines for acceptable use policies as provided in the Master Plan for Education Technology, 701 KAR 5:110, for the Kentucky Education Technology System, including parental consent, teacher supervision of computer use, and auditing procedures;

• (b) Contains procedures, guidelines, and prohibitions which will prevent access to sexually explicit materials;

• (c) Contains appropriate disciplinary measures for policy violations; and

• (d) Is for use by students, faculty, staff, and any others to whom the school or district provides computing and telecommunications access on a permanent or temporary basis.

(2) A school district shall include in its policy provisions which eliminate or appropriately restrict the use of computing and telecommunications technologies for any faculty, student, staff or other person who will not sign or who violates the provisions of the acceptable use policy statement.

Section 3.  District Responsibilities for Implementing Filtering Technology. (1) A local school district shall implement filtering technology in every school which has a dedicated network connection.

(2) A local school district shall implement filtering technology in a school no later than thirty (30) days after the telecommunications circuit is activated.

(3) Every school district shall:

• (a) Adopt one (1) or more filtering technologies for use in its schools which conform to the guidelines for filtering technologies as provided in the Master Plan for Education Technology, 701 KAR 5:110, for the Kentucky Education Technology System;

• (b) Provide the technical assistance necessary to implement and maintain filtering technology in every school; and

• (c) Ensure that the filtering technology is operational seven (7) days a week, twenty-four (24) hours a day with reasonable provision for scheduled outages and maintenance.

(1) The Kentucky Board of Education shall promulgate administrative regulations to prevent sexually explicit material from being transmitted via any video or computer system, software or hardware product, or Internet service managed or provided to local schools or school districts.

(2) Each local school district and school shall utilize the latest available filtering technology to ensure that sexually explicit material is not made available to students.

(3) The Kentucky Department of Education shall make available to school districts and schools upon request and without cost, state-of-the-art software products that enable local districts and schools to prevent access to sexually explicit material. The department shall also notify all school districts and schools of the availability of the software. Any product provided or obtained by a district or school shall meet the requirements of subsection (2) of this section.

(4) Each local school district shall establish a policy regarding student Internet access that shall include, but not be limited to, parental consent for student Internet use, teacher supervision of student computer use, and auditing procedures to determine whether education technology is being used for the purpose of accessing sexually explicit or other objectionable material.