Law / United States / 
West Virginia
West Virginia Board of Education Policy 2460, Educational Purpose and Acceptable Use of Electronic Resources, Technologies and the Internet (W. Va. Code St. R. 126CSR41)
W. Va. Code St. R. § 126-41-1 et seq.
In force since .
An education rule binding government bodies.
- Audit expectation
- none
What it requires
- This rule binds every West Virginia school district, meaning each county board of education, the West Virginia School for the Deaf and Blind, the Office of Diversion and Transition Programs and any other school under the supervision of the West Virginia Board of Education, and the schools of each, and names no duty for an online service or an app developer (126CSR41 section 1.1).
- Adopt and implement an Internet safety policy pursuant to federal law (126CSR41 section 5.5.p).
- Ensure implementation of the rule by adopting district and school policies on acceptable use of electronic resources, technologies and the Internet (126CSR41 section 11.1).
- Give reasonable notice and hold at least one public hearing or meeting to address the acceptable use policy before adopting an Internet safety policy (126CSR41 section 5.5.o).
- Include in each district Internet safety policy the monitoring and filtering of the online activities of all users (126CSR41 section 5.5.q).
- Provide in each Internet safety policy for educating all users about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, and cyber bullying awareness and response (126CSR41 section 5.5.q).
- Enforce at each school the use of filtering or electronic technical protection measures during any use of the computers or devices to access the Internet (126CSR41 sections 5.6.f and 7.6).
- Encrypt all wireless access points (126CSR41 section 5.6.f).
- Provide appropriate adult supervision of Internet use (126CSR41 section 8.4).
- Provide each student accessing the Internet with acceptable use training, and keep on file at the district or school an acceptable use form signed by a parent or legal guardian (126CSR41 section 6.1.b).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
West Virginia Department of Education, which carries out the policies of the West Virginia Board of Education under the rule.
What it reaches
Covered services
None directly: the duties run to each West Virginia school district and its schools, which must adopt an Internet safety policy that includes monitoring and filtering of the online activities of all users, enforce filtering on school Internet use and supervise it.
Instrument type
a regulation made under an act
What record it asks for
Logging duty
The rule requires a district's Internet safety policy to include the monitoring and filtering of the online activities of all users, and requires no log, no retention period and no audit.
- Kind
- None
- As of
What this law does
Policy 2460, the legislative rule of the West Virginia Board of Education codified as 126CSR41, applies to all West Virginia school districts, which include county boards of education, the West Virginia School for the Deaf and Blind and the Office of Diversion and Transition Programs. The rule was filed on and took effect on . Districts and schools are required to adopt and implement an Internet safety policy pursuant to federal law.
A district Internet safety policy must include the monitoring and filtering of the online activities of all users. Internet safety policies must provide for educating all users about appropriate online behavior, including social networking and cyber bullying awareness and response. Before a district or school adopts an Internet safety policy, it must give reasonable notice and hold at least one public hearing or meeting to address the acceptable use policy.
Schools must enforce the use of filtering or electronic technical protection measures during any use of the computers or devices to access the Internet. Appropriate adult supervision of Internet use must be provided. Each student accessing the Internet is to be provided acceptable use training, and an acceptable use form signed by a parent or legal guardian is to be on file at the district or school.
The Department of Education installs electronic filtering at the two points of presence for Internet access, which provides filtering for all public schools. The rule states that no student or staff user should have any expectation of privacy when using the district's network or equipment. The Secretary of State's Code of State Rules lists the version effective as active under the heading Safe and Acceptable Use of the Internet by Students and Educators.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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