I.       Responsibility for Selection of Instructional Materials

         A.    The board is responsible for matters relating to the operation of the District.

         B.    The responsibility for the selection of instructional materials is delegated to the professionally trained and licensed employees of the school system.  

         C.    While selection of materials may involve many people including principals, teachers, teacher-librarians, parents, and community members, the responsibility for coordinating the selection of most instructional materials and making the recommendation for the purchase rests with licensed employees. 

         D.    Responsibility for coordinating the selection of instructional materials for distribution to classes will rest with the licensed employees, principal and superintendent.  

         E.    If the board appoints an ad hoc committee to make recommendations on the selection of instructional materials, the ad hoc committee willl be formed and appointed in compliance with the board policy on Ad Hoc Committees.

                  1.      The superintendent will inform the committee as to their role and responsibility in the process.

                  2.      The following statement will be given to the ad hoc committee members:

                        Bear in mind the principles of the freedom to learn and to read, and base your decision on these broad principles rather than on defense of individual materials.  Freedom of inquiry is vital to education in a democracy.

Study thoroughly all materials referred to you and read available reviews.  The general acceptance of the materials should be checked by consulting standard evaluation aids and local holdings in other schools.

                        Passages or parts should not be pulled out of context.  The values and faults should be weighed against each other and the opinions based on the material as a whole.

Your report, presenting both majority and minority opinions, will be presented by the principal to the complainant at the conclusion of our discussion of the questioned material.

 

II.      Material selected for use in libraries and classrooms shall meet the following guidelines:

         A.    Religion - Material will represent any religions in a factual, unbiased manner.  The primary source material of  religions will be considered appropriate, but material which advocates rather than informs or is designed to sway reader judgment regarding religion will not be included in the school libraries or classrooms.

         B.    Racism - Material will present a diversity of race, custom, culture, and belief as a positive aspect of the nation's heritage and give candid treatment to unresolved intercultural problems, including those which involve prejudice, discrimination, and the undesirable consequences of withholding rights, freedom, or respect of an individual. Required material will comply with all applicable laws.

         C.    Sexism - Material will reflect a sensitivity to the needs, rights, traits and aspirations of individuals without preference or bias. Required material will comply with all applicable laws.

         D.    Age - Material will recognize the diverse contributions of various age groups and portray the continuing contributions of maturing members of society.

         E.    Ideology - Material will present basic primary and factual information on an ideology or philosophy of government which exerts or has exerted a strong force, either favorably or unfavorably, over civilization or society, past or present.  This material will not be selected with the intention to sway reader judgment and will be related to the maturity level of the intended audience.

         F.    Profanity and Sex - Material complies with all applicable laws and is subjected to a test of literary merit and reality by the teacher-librarians and licensed staff who will take into consideration their reading of public and community standards of morality.

         G.   Controversial issues materials will be directed toward maintaining a balanced collection representing various views.

The selection decision should be made on the basis of whether the material presents an accurate representation of society and culture, whether the circumstances depicted are realistically portrayed, or whether the material has literary or social value when the material is viewed as a whole.

These guidelines will not be construed in such a manner as to preclude materials which accurately represent the customs, morals, manners, culture, or society of a different time or a different place.

 

III.    Procedure for Selection

         A.    Material purchased for libraries and classrooms will be recommended for purchase by licensed employees, in consultation with administrative staff, school library staff, or an ad hoc committee as appointed by the board.  The material recommended for purchase will be approved by the appropriate building administrator.

                  1.   The materials selected will support stated objectives and goals of the school district.  Specifically, the goals are:

                           a.      To acquire materials and provide service consistent with the demands of the curriculum;

                           b.      To develop students' skills and resourcefulness in the use of libraries and learning resources;

                           c.      To effectively guide and counsel students in the selection and use of materials and libraries;

                           d.      To foster in students a wide range of significant interests;

                           e.      To provide opportunities for aesthetic experiences and development of an appreciation of the fine           arts;

                           f.       To provide materials to motivate students to examine their own attitudes and behaviors and to                comprehend their own duties and responsibilities as citizens in a pluralistic democracy;

                           g.      To encourage life-long education through the use of the library; and,

                           h.      To work cooperatively and constructively with the instructional and administrative staff in the school.

                  2.      Materials selected will be consistent with stated principles of selection.  These principles are:

                           a.  To select material, within established standards, which will meet the goals and objectives of the school district;

                           b.  To consider the educational characteristics of the community in the selection of materials within a given category;

                           c.      To present the sexual, racial, religious and ethnic groups in the community by:

                                    1.    Portraying people, adults and children, whatever their ethnic, religious or social class identity, as human and recognizable, displaying a familiar range of emotions, both negative and positive.

                                    2.    Placing no constraints on individual aspirations and opportunity.

                                    3.    Giving comprehensive, accurate, and balanced representation to minority groups and        women - in art and science, history and literature, and in all other fields of life and culture.

                                    4.    Providing recognition of minority groups and women by showing them frequently in positions of leadership and authority.

                           d.  To intelligently, quickly, and effectively anticipate and meet needs through awareness of subjects of local, national and international interest and significance; and,

                           e.  To strive for impartiality in the selection process.

                  3.      The materials selected will meet stated selection criteria.  These criteria are:

                           a.  Authority-Author's qualifications - education, experience, and previously published works;

                           b.  Reliability:

                                    1.  Accuracy-meaningful organization and emphasis on content, meets the material's goals and objectives, and presents authoritative and realistic factual material.

                                    2. Current-presentation of content which is consistent with the finding of recent and authoritative research.

                           c.   Treatment of subject-shows an objective reflection for the multi-ethnic character and cultural diversity of society.

                           d.      Language:

                                    1.      Vocabulary:

                                             a.      Does not indicate bias by the use of words which may result in negative value judgments about groups of people;

                                             b.      Does not use "man" or similar limiting word usage in generalization or ambiguities which may cause others to feel excluded or dehumanized.

                                    2.      Compatible to the reading level of the student for whom it is intended.

                           e.      Format:

                                    1.      Book

                                             a.      Adequate and accurate index;

                                             b.      Paper of good quality and color;

                                             c.      Print adequate and well spaced;

                                             d.       Adequate margins;

                                             e.      Firmly bound; and,

                                             f.       Cost.

                                    2.      Nonbook

                                             a.      Flexibility, adaptability;

                                             b.      Curricular orientation of significant interest to students;

                                             c.      Appropriate for audience;

                                             d.      Accurate authoritative presentation;

                                             e.      Good production qualities (fidelity, aesthetically adequate);

                                             f.       Durability; and,

                                             g.      Cost.

                                    3.      Illustrations of book and nonbook materials should:

                                             a.      Depict instances of fully integrated grouping and settings to indicate equal status and nonsegregated social relationships;

                                             b.      Make clearly apparent the identity of minorities;

                                             c.      Contain pertinent and effective illustrations.

                                    4.      Flexible to enable the teacher to use parts at a time and not follow a comprehensive instructional program on a rigid frame of reference.

                           f.       Special Features:

                                    1.      Bibliographies.

                                    2.      Glossary.

                                    3.      Current charts, maps, etc.

                                    4.      Visual aids.

                                    5.      Index.

                                    6.      Special activities to stimulate and challenge students.

                                    7.      Provide a variety of learning skills.

                           g.      Potential use:

                                    1.      Will it meet the requirement of reference work?

                                    2.      Will it help students with personal problems and adjustments?

                                    3.      Will it serve as a source of information for teachers and librarians?

                                    4.      Does it offer an understanding of cultures other than the student's own and is it free of racial, religious, age, disability, ethnic, gender identity, and sexual stereotypes?

                                    5.      Will it expand students' sphere of understanding and help them to understand the ideas and beliefs of others?

                                    6.      Will it help students and teachers keep abreast of and understand current events?

                                    7.      Will it foster and develop hobbies and special interests?

                                    8.      Will it help develop aesthetic tastes and appreciation?

                                    9.      Will it serve the needs of students with special needs?

                                   10.      Does it inspire learning?

                                   11.      Is it relevant to the subject?

                                   12.      Will it stimulate a student's interest?

                  4.      Gifts of library or instructional materials may be accepted if the gift meets existing criteria for library and instructional materials.  The acceptance and placement of such gifts will be within the discretion of the board.

                  5.      In order to provide a current, highly usable collection of materials, teacher-librarians will ensure constant and continuing renewal of the collection, not only the addition of up-to-date materials, but by the judicious elimination of materials which no longer meet school district needs or find use.  The process of weeding instructional materials will be done according to established and accepted standards for determining the relevance and value of materials in a given context.

 

The Board of Education has established the following guidelines to govern the inspection of instructional and library materials.

Parents and/or other community members who request to inspect materials should:

1. Contact the building administrator so a time can be arranged to review the material on school property, except in special circumstances as determined by the superintendent.

2. Review the criteria selection process as outlined in 605.01R1 Selection of Instructional Materials found in the board policy manual.

3. Receive a copy of standards and benchmarks to review alignment of materials.

 

The policy of this school district related to selection of learning materials states that any member of the school district community may formally challenge instructional and library materials used in the district's education program.  This policy allows those persons in the school and the community who are not directly involved in the selection of materials to make their own opinions known.  The task of the reconsideration committee is to make an informed recommendation on the challenge.  The meetings of the committee may be subject to the open meetings law.

The most critical component of the reconsideration process is the establishment and maintenance of the committee's credibility in the community.  For this purpose, the committee is composed of a combination of community members and licensed employees as detailed in 605.03R1.  The community should not, therefore, infer that the committee is biased or is obligated to uphold prior professional decisions. 

The reconsideration process, the task of this committee, is just one part of the selection continuum.  Material is purchased to meet a need.  It is reviewed and examined, if possible, prior to purchase.  It is periodically re-evaluated through updating, discarding, or re-examination.  The committee must be ready to acknowledge that an error in selection may have been made despite this process.  Librarians and school employees regularly read great numbers of reviews in the selection process, and occasional errors are possible.

In reconsidering challenged materials, the role of the committee, and particularly the chairperson, is to produce a climate for meaningful discussion of disparate views.  The committee should begin by finding items of agreement, keeping in mind that the larger the group participating, the greater the amount of information available and, therefore, the greater the number of possible approaches to the problem.

The committee may, at its discretion, hear an oral presentation from the complainant to the committee to expand and elaborate on the complaint.  The committee may listen to the complainant, to those with special knowledge, and any other interested persons.  In these discussions, the committee should be aware of relevant social pressures which are affecting the situation.  Individuals who may try to dominate or impose a decision must not be allowed to do so.  Minority viewpoints expressed by groups or individuals must be heard, and observers must be made to feel welcome.  It is important that the committee create a calm, nonvolatile environment in which to deal with a potentially volatile situation.  To this end, the complainant will be kept informed of the progress of the complaint.

The committee will listen to the views of all interested persons before making recommendations.  In deliberating its recommendation, the committee should remember that the school system must be responsive to the needs, tastes, and opinions of the community it serves.  Therefore, the committee must distinguish between broad community sentiment and attempts to impose personal standards.  The deliberations should concentrate on the appropriateness of the material.  The question to be answered by the committee is, "Is the material appropriate for its designated audience at this time?"

The committee's final recommendation will be (1) to remove the challenged material from the total school environment, (2) to take no removal action, or (3) to agree on a limitation of the educational use of the materials.

The committee chairperson will instruct the secretary to convey the committee's recommendation to the office of the superintendent.  The recommendation should detail the rationale on which it was based.  A letter will be sent to the complainant outlining the outcome.

 

Request for re-evaluation of printed or multimedia material to be submitted to the superintendent.

REVIEW INITIATED BY:                                                                                                      DATE:                       

Name:  _________________________________________________________________________________

Address:  _____________________________________________________________________________________

City/State:  __________________________________  Zip/Code:  _____________  Telephone:  ________________

School(s) in which item is used  ___________________________________________________________________

Relationship to school (parent, student, citizen, etc.)  ___________________________________________________

 

BOOK OR OTHER PRINTED MATERIAL IF APPLICABLE:

Author:  ___________________________________  Hardcover: ________  Paperback  ________  Other ________

Title:  ________________________________________________________________________________________

Publisher (if known)  ____________________________________________________________________________

Date of publication  _____________________________________________________________________________

 

MULTIMEDIA MATERIAL IF APPLICABLE:

Title:  ________________________________________________________________________________________

Producer (if known)  ____________________________________________________________________________

Type of material (dvd, software, website, online resources, etc.)    ___________                      

 

PERSON MAKING THE REQUEST  REPRESENTS:  (circle one)

     Self                                                                      Group or Organzation

     Name of group  ____________________________________________________________________________

     Address of group  __________________________________________________________________________

 

1.  What brought the item to your attention?
     _________________________________________________________________________________________
     _________________________________________________________________________________________

2.  To what in the item do you object?  (please be specific; cite pages or frames, etc.)
     _________________________________________________________________________________________
     _________________________________________________________________________________________

3.  In your opinion, what harmful effects upon students might result from use of this item?
     _________________________________________________________________________________________
     _________________________________________________________________________________________

4.  Do you perceive any instructional value in the use of this item?
     _________________________________________________________________________________________
     _________________________________________________________________________________________

5.  Did you review the entire item?  If not, what sections did you review?
     _________________________________________________________________________________________
     _________________________________________________________________________________________

6.  Should the opinion of any additional experts in the field be considered?
                   _____  yes                      _____  no
     If yes, please list specific suggestions:  __________________________________________________________
     _________________________________________________________________________________________

7.  To replace the item, do you recommend other material which you consider to be of equal or superior quality for
     the purpose intended?
     _________________________________________________________________________________________
     _________________________________________________________________________________________

8.  Do you wish to make an oral presentation to the Review Committee?
     _____  Yes  (a)  Please contact the superintendent

                         (b)  Please be prepared at this time to indicate the approximate length of time your presentation will
                                require.  Although this is no guarantee that you will get your requested amount of time.
                                                                                      ________________________  Minutes

     _____  No

 

_____________________________________     _____________________________________________________
Date                                                                                            Signature

 

Dear:

 

We recognize your concern about the use of                                                      in our school district.  The school district has developed procedures for selection of instructional materials but realizes that not everyone will agree with every selection made.

To help you understand the selection process, we are sending copies of the school district's:

        1.       Instructional goals and objectives,

        2.       Instructional and Library Materials Selection policy statement, and

        3.       Procedure for reconsideration of instructional and library materials.

If you are still concerned after you review this material, please complete the Reconsideration Request Form and return it to me.  You may be assured of prompt attention to your request.  If I have not heard from you within one week, we will assume you no longer wish to file a formal complaint.

 

 

Sincerely,

 

 

 

ELEMENTARY INTERNET ACCESS FORM

I have read the District’s Internet - Appropriate Use policy and regulations.  I understand that the Internet is a world-wide connection of millions of computers and network devices and that the Independence Community School District does not control its content.  I understand that, while the district filters content to prevent access to inappropriate sites, the district cannot guarantee complete protection from inappropriate sites.

I understand that students at the Independence Elementary Schools will access the Internet only under direct adult supervision and only for educational purposes.  I further understand that if my child violates the district’s Internet - Appropriate Use policy and regulations, he/she may be subject to disciplinary action.  Finally, I understand that the district is not responsible for student Internet access outside the school setting.

I have read and understand the district’s Internet Policy.  Once the form is signed, it is considered to be in effect while my child attends any elementary building in this district and for the duration my child is continuously enrolled within the district.  Parents and students may review the district’s policy at any time and may ask for clarification from district personnel.  

Student Name:  _________________________________________________     Grade:  ______________________________

School:  _______________________________________________________     Date:  _______________________________

                                              ______________________________________________________________________________
                                                                                  (Parent or Guardian signature)

 

SECONDARY INTERNET ACCESS FORM

As a user of the Independence Community School District’s computer and Internet resources, I hereby agree to comply with the district’s Internet - Appropriate Use policy and regulations and to use these resources in a reliable fashion while honoring all relevant laws and restrictions.

_______________________________     ___________________________________________________________________
(Date)                                                                                         (Student Signature)

 

As the parent/guardian of the above named student, I have read and understand the district’s Internet - Appropriate Use policy and regulations.  I understand that my child is expected to follow the guidelines in said policy and regulations concerning appropriate use of the school district’s computer network.

I further understand that the Internet is a world-wide connection among millions of computers and that the district does not control its content.  I understand that, while the district filters content to restrict access to inappropriate sites, the district cannot guarantee complete protection from inappropriate sites.  Additionally, I understand that there is a potential for my son/daughter to access information on the Internet that is inappropriate for students and that every reasonable effort will be made on the part of the faculty and staff of the district to restrict access to such information, but that my son/daughter is ultimately responsible for restricting himself/herself from inappropriate information.

I realize that if my child violates the district’s Internet - Appropriate Use policy or regulations, he/she may be subject to disciplinary action.

I expect my son/daughter to use the district’s Internet resources in compliance with the policy and regulations.  I further understand if my son/daughter causes expense to the district by inappropriate Internet use, this cost will be passed to the student and to the undersigned.  Once this form is signed it is considered to be in effect while my child continuously attends grades 7-12.  Parents and students may review the district’s policy at any time and may ask for clarification from district personnel.

Student Name:  _________________________________________________     Grade:  ______________________________

School:  _______________________________________________________     Date:  _______________________________

                                              ______________________________________________________________________________
                                                                                  (Parent or Guardian signature)

 

I.       Responsibility for Internet Appropriate Use.

         A.     The authority for appropriate use of electronic Internet resources is delegated to the licensed employees.  For the purpose of this policy, Internet is defined as:

A collection of interconnected computer networks involving a multitude of computers and users around the world.  It is a collaboration of private, public, educational, governmental and industrial sponsored networks whose operators cooperate to maintain the network infrastructure.

         B.      Instruction in the proper use of the Internet system will be available to licensed employees who will then provide similar instruction to their students.

         C.      Employees are expected to practice appropriate use of the Internet, and violations may result in discipline up to, and including, termination.

II.      Internet Access.

         A.     Access to the Internet is available to teachers and students as a source of information and a vehicle of communication.

         B.      Making Internet access available to students carries with it the potential that some students might encounter information that may not be appropriate for students.  However, on a global network, it is impossible to control all materials.  Because information on the Internet appears, disappears and changes, it is not possible to predict or control what students may locate.

         C.      It is a goal to allow teachers and students access to the rich opportunities on the Internet. 

         D.     The smooth operation of the network relies upon the proper conduct of the end users who must adhere to strict guidelines which require efficient, ethical and legal utilization of network resources.

                   E.   To reduce unnecessary system traffic, users may use electronic conferencing as approved by the supervising teacher.

          F.     Transmission of material, information or software in violation of any board policy or regulation is    prohibited.

         G.     To avoid spreading computer viruses, system users will not disable virus checks on downloaded files.

         H.     The school district makes no guarantees as to the accuracy of information received on the Internet.

III.    Student Use of Internet.

         A.     Equal Opportunity - The Internet shall be available to all students within the school district under supervision.  

         B.      Online Protocol.

                  1.      The use of the network is a privilege and is considered a necessity for successful education.  As a user of the Internet, students may be allowed access to other networks.  Each network may have its own set of policies and procedures.  It is the user's responsibility to abide by the policies and procedures of these other networks.

                  2.      Students should adhere to online protocol:

                           a.      Respect all copyright and license agreements.

                           b.      Cite all quotes, references and sources.

                           c.      Remain on the system long enough to get needed information, then exit the system.

                           d.      Apply the same privacy, ethical and educational considerations utilized in other forms of communication.

                  3.      Student email accounts should adhere to the following guidelines:

                           a.      Keep in mind that e-mail is not confidential and may be read or accessed by third parties.  

                           b.      Inappropriate messages should not be sent.

                           c.      Delete unwanted messages immediately.

                           d.      Use of objectionable language is prohibited.

                           e.      Always sign messages.

         C.      Restricted Material - Students will not intentionally access or download any text file or picture or engage in any conference that includes material which is obscene, libelous, indecent, vulgar, profane or lewd; advertises any product or service not permitted to minors by law; constitutes insulting or fighting words, the very expression of which injures or harasses others; or presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the violation of lawful school regulations.

         D.     Unauthorized Costs - If a student gains access to any service via the Internet which has a cost involved or if a student incurs other types of costs, the student accessing such a service will be responsible for those costs.

         E.      If a student is engaged in network activity which causes harm to our district’s network, the district may collect payment from the student to reimburse the district for resulting costs.

IV.     Student Violations--Consequences and Notifications.

                  Students who access restricted items on the Internet will be subject to the appropriate action described in board policy or regulations.

The district does not believe it is in the best interest of the student or our curriculum to indefinitely restrict access to the Internet for violation of policies, however access may need to be restricted for a period of time. We recognize the need to have consequences in place for violation of policy.  These consequences need to be age appropriate and may need to change as the Internet evolves.  As part of the consequences, students/parents will need to review the Internet policy and re-sign their understanding of the policies and regulations.  Students who violate the Internet - Appropriate Use policy will be subject to the appropriate action described in the district’s discipline policy or student handbook.

 

Employees and students may make copies of copyrighted materials that fall within the following guidelines. Where there is reason to believe the material to be copied does not fall within these guidelines, prior permission will be obtained from the publisher or producer with the assistance of the librarian or teacher-librarian.  Employees and students who fail to follow this procedure may be held personally liable for copyright infringement and may be subject to discipline by the board.

Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research.  Under the fair use doctrine, each of the following four standards must be met in order to use the copyrighted document:

• Purpose and Character of the Use – The use must be for such purposes as teaching or scholarship.
• Nature of the Copyrighted Work – The type of work to be copied.
• Amount and Substantiality of the Portion Used – Copying the whole of a work cannot be considered fair use; copying a small portion may be if these guidelines are followed.
• Effect of the Use Upon the Potential Market for or value of the Copyrighted Work – If resulting economic loss to the copyright holder can be shown, even making a single copy of certain materials may be an infringement, and making multiple copies presents the danger of greater penalties.

Authorized Reproduction and Use of Copyrighted Material Reminders:

• Materials on the Internet should be used with caution since they may, and likely are, copyrighted.
• Proper attribution (author, title, publisher, place and date of publication) should always be given.
• Notice should be taken of any alterations to copyrighted works, and such alterations should only be made for specific instructional objectives.
• Care should be taken in circumventing any technological protection measures.  While materials copied pursuant to fair use may be copied after circumventing technological protections against unauthorized copying, technological protection measures to block access to materials may not be circumvented.

In preparing for instruction, a teacher may make or have made a single copy of:

• A chapter from a book;
• An article from a newspaper or periodical;
• A short story, short essay or short poem; or,
• A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

A teacher may make multiple copies not exceeding more than one per pupil, for classroom use or discussion, if the copying meets the tests of “brevity, spontaneity and cumulative effect” set by the following guidelines.  Each copy must include a notice of copyright.

• Brevity
  
  • A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words;
  • Complete articles, stories or essays of less than 2500 words or excerpts from prose works less than 1000 words or 10% of the work, whichever is less may be copied; in any event, the minimum is 500 words;
  • Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph;
  • One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied.  “Special” works cannot be reproduced in full; this includes children's books combining poetry, prose or poetic prose.  Short special works may be copied up to two published pages containing not more than 10 percent of the work.

• Spontaneity – Should be at the “instance and inspiration” of the individual teacher when there is not a reasonable length of time to request and receive permission to copy.
• Cumulative Effect – Teachers are limited to using copied material for only one course for which copies are made.  No more than one short poem, article, story or two excerpts from the same author may be copied, and no more than three works can be copied from a collective work or periodical column during one class term. Teachers are limited to nine instances of multiple copying for one course during one class term.  Limitations do not apply to current news periodicals, newspapers and current news sections of other periodicals.

Copying Limitations

Circumstances will arise when employees are uncertain whether or not copying is prohibited.  In those circumstances, the librarian or teacher-librarian should be contacted.  The following prohibitions have been expressly stated in federal guidelines:

• Reproduction of copyrighted material will not be used to create or substitute for anthologies, compilations or collective works.
• Unless expressly permitted by agreement with the publisher and authorized by school district action, there will be no copying from copyrighted consumable materials such as workbooks, exercises, test booklets, answer sheets and the like.
• Employees will not:

• Use copies to substitute for the purchase of books, periodicals, music recordings, consumable works such as workbooks, computer software or other copyrighted material. Copy or use the same item from term to term without the copyright owner's permission;
• Copy or use more than nine instances of multiple copying of protected material in any one term;
• Copy or use more than one short work or two excerpts from works of the same author in any one term;
• Copy or use protected material without including a notice of copyright.  The following is a satisfactory notice: NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.
• Reproduce or use copyrighted material at the direction of someone in higher authority or copy or use such material in emulation of some other teacher's use of copyrighted material without permission of the copyright owner.
• Require other employees or students to violate the copyright law or fair use guidelines.

Authorized Reproduction and Use of Copyrighted Materials in the Library

A library may make a single copy or three digital copies of:

• An unpublished work in its collection;
• A published work in order to replace it because it is damaged, deteriorated, lost or stolen, provided that an unused replacement cannot be obtained at a fair price.
• A work that is being considered for acquisition, although use is strictly limited to that decision.  Technological protection measures may be circumvented for purposes of copying materials in order to make an acquisition decision.

A library may provide a single copy of copyrighted material to a student or employee at no more than the actual cost of photocopying.  The copy must be limited to one article of a periodical issue or a small part of other material, unless the library finds that the copyrighted work cannot be obtained elsewhere at a fair price.  In the latter circumstance, the entire work may be copied.  In any case, the copy will contain the notice of copyright and the student or staff member will be notified that the copy is to be used only for private study, scholarship or research.  Any other use may subject the person to liability for copyright infringement.

Authorized Reproduction and Use of Copyrighted Music or Dramatic Works

Teachers may:

• Make a single copy of a song, movement, or short section from a printed musical or dramatic work that is unavailable except in a larger work for purposes of preparing for instruction;   
• Make multiple copies for classroom use of an excerpt of not more than 10% of a printed musical work if it is to be used for academic purposes other than performance, provided that the excerpt does not comprise a part of the whole musical work which would constitute a performable unit such as a complete section, movement, or song;
• In an emergency, a teacher may make and use replacement copies of printed music for an imminent musical performance when the purchased copies have been lost, destroyed or are otherwise not available.
• Make and retain a single recording of student performances of copyrighted material when it is made for purposes of evaluation or rehearsal;
• Make and retain a single copy of excerpts from recordings of copyrighted musical works for use as aural exercises or examination questions; and,
• Edit or simplify purchased copies of music or plays provided that the fundamental character of the work is not distorted.  Lyrics will not be altered or added if none exist.

Performance by teachers or students of copyrighted musical or dramatic works is permitted without the authorization of the copyright owner as part of a teaching activity in a classroom or instructional setting.  The purpose shall be instructional rather than for entertainment. 

Performances of nondramatic musical works that are copyrighted are permitted without the authorization of the copyright owner, provided that:

• The performance is not for a commercial purpose;
• None of the performers, promoters or organizers are compensated; and,
• Admission fees are used for educational or charitable purposes only.

All other musical and dramatic performances require permission from the copyright owner.  Parents or others wishing to record a performance should check with the sponsor to ensure compliance with copyright.

Recording of Copyrighted Programs

Television programs, excluding news programs, transmitted by commercial and non-commercial television stations for reception by the general public without charge may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a school for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording.  Upon conclusion of this retention period, all off-air recordings must be erased or destroyed immediately.  Certain programming such as that provided on public television may be exempt from this provision; check with the teacher librarian or the subscription database, e.g. unitedstreaming.

Off-air recording may be used once by individual teachers in the course of instructional activities, and repeated once only when reinforcement is necessary, within a building, during the first 10 consecutive school days, excluding scheduled interruptions, in the 45 calendar day retention period.  Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests.  No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.  A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers.  Each additional copy will be subject to all provisions governing the original recording.

After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar day retention period only for evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum.  Permission must be secured from the publisher before the recording can be used for instructional purposes after the 10 day period.

Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content.  Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.  All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

Authorized Reproduction and Use of Copyrighted Computer Software

Schools have a valid need for high-quality software at reasonable prices.  To assure a fair return to the authors of software programs, the school district will support the legal and ethical issues involved in copyright laws and any usage agreements that are incorporated into the acquisition of software programs.  To this end, the following guidelines will be in effect: 

• All copyright laws and publisher license agreements between the vendor and the school district will be observed;
• Staff members will take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment;
• A back-up copy will be purchased, for use as a replacement when a program is lost or damaged.  If the vendor is not able to supply a replacement, the school district will make a back-up copy that will be used for replacement purposes only;
• A copy of the software license agreement will be retained by the technology director, librarian or teacher-librarian; and,
• A computer program may be adapted by adding to the content or changing the language.  The adapted program may not be distributed.

Fair Use Guidelines for Educational Multimedia

Students may incorporate portions of copyrighted materials in producing educational multimedia projects such as videos, Power Points, podcasts and web sites for a specific course, and may perform, display or retain the projects. 

Educators may perform or display their own multimedia projects to students in support of curriculum-based instructional activities.  These projects may be used:

• In face-to-face instruction;
• In demonstrations and presentations, including conferences;
• In assignments to students;
• For remote instruction if distribution of the signal is limited;
• Over a network that cannot prevent duplication for fifteen days, after fifteen days a copy may be saved on-site only; or,
• In their personal portfolios.

Educators may use copyrighted materials in a multimedia project for two years, after that permission must be requested and received.

The following limitations restrict the portion of any given work that may be used pursuant of fair use in an educational multimedia project:

• Motion media: ten percent or three minutes, whichever is less;
• Text materials: ten percent or 1,000 words, whichever is less;
• Poetry: an entire poem of fewer than 250 words, but no more than three poems from one author or five poems from an anthology.  For poems of greater than 250 words, excerpts of up to 250 words may be used, but no more than three excerpts from one poet or five excerpts from an anthology;
• Music, lyrics and music video: Up to ten percent, but no more than thirty seconds.  No alterations that change the basic melody or fundamental character of the work;
• Illustrations, cartoons and photographs: No more that five images by an artist, and no more than ten percent or fifteen images whichever is less from a collective work;
• Numerical data sets: Up to ten percent or 2,500 field or cell entries, whichever is less;

Fair use does not include posting a student or teacher’s work on the Internet if it includes portions of copyrighted materials.  Permission to copy will be obtained from the original copyright holder(s) before such projects are placed online.  The opening screen of such presentations will include notice that permission was granted and materials are restricted from further use.

The librarian or teacher-librarian is responsible for ensuring that appropriate warning devices are posted.  The warnings are to educate and warn individuals using school district equipment of the copyright law.  Warning notices must be posted:

• On or near copiers;
• On forms used to request copying services;
• On video recorders;
• On computers; and,
• At the library and other places where interlibrary loan orders for copies of materials are accepted.

 

 

Request to prohibit a student from checking out certain library materials to be submitted to the superintendent.  Please complete one form per student.

 

REQUEST INITIATED BY                                                                            DATE ___________

 

Name  ____________________________________________________________________________

 

Address  __________________________________________________________________________

 

City/State  _________________________ Zip Code__________________ Telephone_____________

 

Name of affected Student  _____________________________________________________________

 

Requester’s Relationship to Student (must be parent/legal guardian)____________________________

 

BOOK OR OTHER PRINTED MATERIAL TO PROHIBIT STUDENT FROM CHECKING OUT:

Author

Hardcover

Paperback

Other

Title

Publisher (if known)

Date of Publication

MULTIMEDIA MATERIAL TO PROHIBIT STUDENT FROM CHECKING OUT:

Title

Producer (if known)

Type of material (filmstrip, motion picture, etc.)

Dated

Signature

Request to prohibit a student from checking out certain instructional materials to be submitted to the superintendent.  Please complete one form per student.

 

REQUEST INITIATED BY                                                                            DATE ___________

 

Name  ____________________________________________________________________________

 

Address  __________________________________________________________________________

 

City/State  _________________________ Zip Code__________________ Telephone_____________

 

Name of affected Student  _____________________________________________________________

 

Requester’s Relationship to Student (must be parent/legal guardian)____________________________

 

BOOK OR OTHER PRINTED MATERIAL TO PROHIBIT STUDENT FROM ACCESSING:

Author

Hardcover

Paperback

Other

Title

Publisher (if known)

Date of Publication

MULTIMEDIA MATERIAL TO PROHIBIT STUDENT FROM ACCESSING:

Title

Producer (if known)

Type of material (filmstrip, motion picture, etc.)

Dated

Signature