605 - Instructional Materials

605 - Instructional Materials dawn.gibson.cm… Tue, 09/28/2021 - 14:34

605.1 - Selection

605.1 - Selection

The board has sole discretion to approve instructional materials for the school district.  This authority is delegated to licensed employees to determine which instructional
materials, other than textbooks, will be utilized by and purchased by the school district.

In reviewing current instructional materials for continued use and in selecting additional instructional materials, licensed employees will consider the current and future
needs of the school district as well as the changes and the trends in education and society.  It is the responsibility of the superintendent to report to the board the action taken
by licensed employees.

In the case of textbooks, the board will make the final decision after receiving a recommendation from the superintendent.  The criteria stated above for selection of other
instructional materials will apply to the selection of textbooks.  The superintendent may develop another means for the selection of textbooks.  Textbooks are reviewed as
needed and at least every 8 years.

Education materials given to the school district must meet the criteria established above.  The gift must be received in compliance with board policy.

 

 

Legal Reference:  Iowa Code §§ 279.8; 280.3, .14; 301 (2007).

Cross Reference:  209.1    Ad Hoc Committees
    
                                    505       Student Scholastic Achievement
    
                                    602       Curriculum Development
    
                                    605       Instructional Materials

Approved     6-20-2011                         
Reviewed    7/18/2016                                                                          
Revised                   

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:31

605.2 - Inspection

605.2 - Inspection

Parents and other members of the school district community may view the instructional materials used by the students.  All instructional materials, including teacher's manuals,
or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any federally funded programs must be available for
inspection by parents. 

The instructional materials must be viewed on school district premises.  Copies may be obtained according to board policy.

It is the responsibility of the superintendent to develop administrative regulations regarding the inspection of instructional materials.

 

NOTE:  This is a mandatory policy and reflects federal law on the subject of parental rights to inspect instructional materials.

 

 

Legal Reference:  Goals 2000:  Educate America Act, Pub. L. No. 103-227, 108 Stat. 125 (1994).
   
                                    Iowa Code §§ 279.8; 280.3, .14; 301 (2007).

Cross Reference:  602       Curriculum Development
   
                                    605       Instructional Materials
   
                                    901.1    Public Examination of School District Records

Approved     6-20-2011                         
Reviewed      7/18/2016                                                           
Revised                   

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:29

605.3 - Objection to Instructional Materials

605.3 - Objection to Instructional Materials

Members of the school district community may object to the instructional materials utilized in the school district and ask for their use to be reconsidered.

It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations for reconsideration of instructional materials.

 

 

Legal Reference:  Iowa Code §§ 279.8; 280.3, .14; 301 (2007).

Cross Reference:  215       Public Participation in Board Meetings
    
                                    402.5    Public Complaints About Employees
    
                                    602       Curriculum Development
    
                                    605       Instructional Materials

Approved     6-20-2011                         
Reviewed   7/18/2016            
Revised                                                                             

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:14

605.3E1 - Instructions to Committee

605.3E1 - Instructions to Committee

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
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 provide an open forum for discussion of challenged materials and 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 community members.  The community should not, therefore, infer that the committee is biased or is obligated to uphold prior professional
decisions.  For this same reason, a community member will be selected to chair the committee.

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 disagreement.  However, 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.

If the complainant chooses, the complainant may make an oral presentation to the committee to expand and elaborate on the complaint.  The committee will 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.

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:27

605.3E2 - Reconsideration Forms

605.3E2 - Reconsideration Forms

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

REVIEW INITIATED BY:

DATE:

Name                                       ______________________________________

Address                                    ______________________________________

City/StateZip 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                    ______________________________________

 AUDIOVISUAL MATERIAL IF APPLICABLE:

TitleProducer (if known)            ______________________________________

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

PERSON MAKING THE REQUEST REPRESENTS:    (circle one)  Self,  Group or Organization

Name of group              ______________________________________

Address of Group                      ______________________________________

 

1.What brought this 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 this 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    No

            If Yes   (a)        Please call the office of the Superintendent

                        (b)        Please be prepared at this time to indicate the approximate length of time your presentation will require.______ Minutes  
                                     Although this is no guarantee that you’ll be allowed to present to the committee, or that you will get your requested amount of time.   
'

 

Dated   ___________                Signature  ______________________________________

 

 

Approved __________                      
Reviewed________               
Revised _______

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:25

605.3E3 - Sample Letter

605.3E3 - Sample Letter

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 Materials Selection policy statement, and

      3.   Procedure for reconsideration of instructional 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,

 

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:24

605.3R1 - Reconsideration Regulation

605.3R1 - Reconsideration Regulation

A.     Any resident of the school district may raise objection to instructional materials used in the district’s educational program despite the fact that
         individuals 
selecting such materials were duly qualified to make the selection and followed the proper procedure and observed the criteria for
         selecting such material.

         1.  The school official or staff member receiving a complaint regarding instructional materials will try to resolve the issue informally.  The materials
               will remain in use unless removed through the procedure in section B6e of this rule.

                a.   The school official or staff member initially receiving a complaint will explain to the complainant the school’s selection procedure, criteria,
                      and 
qualifications of those persons selecting the materials.

                b.  The school official or staff member initially receiving a complaint will explain to the best of his or her ability the particular place the material
                      occupies in the educational program, its intended educational usefulness, and additional information regarding its use, or refer the
                      complaining 
party to the appropriate building principal.

         2.  In the event that the person making an objection to material is not satisfied with the initial explanation, the person raising the objection should be
              referred to 
librarian/media specialist or teacher.  If, after private counseling the complainant desires to file a formal complaint, the librarian/media
              specialist 
will assist in filling out a Reconsideration Request Form.

         3.  The individual receiving the initial complaint will advise the principal of the attendance center where the challenged material is being used, of the
               initial 
contact within one week of the complaint whether or not the complaint has been settled to the satisfaction of the complainant at the initial
               contact.  A 
written record of the contact will be maintained by the principal, and a notation will be kept in the media center records

          4.  The principal will review the selection and objection rules with the staff at least annually.  They will be reminded to handle such rightful 
               objections with 
courtesy and integrity.

B.     Request for Reconsideration

          1.  Any resident or employee of the school district may formally challenge instructional materials used in the district’s educational program on the
               basis 
of appropriateness.  This procedure is for the purpose of considering the opinions of those persons in the schools and the community who
               are not 
directly involved in the selection process.

          2.  Each attendance center and the school district’s central office will keep on hand and make available Reconsideration Request Forms.  All
               objections to 
instructional materials must be made on this form.

          3.  The Reconsideration Request Form will be signed by the complainant and filed with the building principal.

          4.  Within five business days of the filing of the form, the librarian/media specialist will file the material in question with the Reconsideration
               Committee for 
reevaluation.  The committee will recommend disposition to the librarian/ media specialist.  The librarian/media specialist will
               inform the building 
principal of the decision.  He or she will inform the superintendent who will report to the Board of Education concerning the
               decision of the committee.

          5.  Generally, access to challenged material will not be restricted during the reconsideration process.  However, in unusual circumstances, the
               material 
may be removed temporarily by following the provisions of Section B6e of this rule.

          6.   The Reconsideration Committee

                a.  The Reconsideration Committee will be made up of 9 members.

                      1.  One school librarian/media specialist

                      2.  Two teachers from the appropriate building and grade level

                      3.  One counselor from the appropriate building

                       4.  Two community members at least one of whom is a parent

                       5.  Two students

                       6.  One building principal

                b.  The co-chairpersons of the committee will be the members from the counseling department and the school media center.

                c.  Each member of the committee will be furnished the selection and reconsideration policies and regulations.

                d.  No regularly scheduled meetings of the committee will be held in the absence of challenges.  Upon receipt of a formal Reconsideration
                     Request 
Form, the committee will be notified and assembled within five working days.

                e.  Special meetings may be called by the Superintendent to consider temporary removal of materials in unusual circumstances.  Temporary
                      removal will require a three-fourths vote of the committee.

                 f.  Notice of meetings will be made public through appropriate publications or other communications methods.

                g.  The committee will receive all Reconsideration Request Forms from the librarian/media specialist who will also report the findings of the
                     committee 
to the building principal.

                h.  The procedure for the first meeting following receipt of a Reconsideration Request Form is as follows:

                      1.  Distribute copies of the written request form.

                      2.  Allow the complainant or a group spokesperson an opportunity to talk about and expand upon the request form.

                      3.  Distribute reputable, professionally prepared reviews of the material when available.

                      4.  Distribute copies of the challenged material as available.

                i.  As a subsequent meeting, interested persons, including the complainant, may have the opportunity to share their views.  The committee may
                    request 
that individuals with special knowledge be present to give information to the committee.

                j.  The complainant will be kept informed by the acting secretary of the committee concerning the status of his/her complaint throughout the
                    reconsideration process.  The complainant and known interested parties along with the general public will be given appropriate notice of
                    committee 
meetings.

                k.  At the second or a subsequent meeting, as desired, the committee will make its decision in either open or closed session.  The committee’s
                    final decision must be one of the following:  (1)  to take no removal action,  (2)  to remove all or part of the challenged material from the
                    total 
school environment, or (3) to limit the educational use of the challenged material.  The sole criteria for the final decision shall be the
                    appropriateness of the material for its intended educational use.  The vote on the decision will be by secret ballot.  The written decision and
                    its 
justification will be forwarded to the Superintendent through the building principal for appropriate action and to the complainant and the
                    appropriate 
attendance center(s).

                l.  A decision to sustain a challenge will not be interpreted as a judgment of irresponsibility on the part of the professionals involved in the
                    original 
selection of the materials.

             m.  Requests to reconsider materials which have previously been before the committee must receive approval of a majority of the committee
                   members 
before the materials will again be reconsidered.  Every Reconsideration Request Form will be acted upon by the committee.

 

Note:  The Board of Education will reserve the right to make the final decision on any request to reconsider materials.

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:15

605.4 - Technology Instruction

605.4 - Technology Instruction

The board supports the use of innovative methods and the use of technology in the delivery of the education program.  The board encourages employees to investigate
economic ways to utilize instructional television, audiovisual materials, computers, and other technological advances as a part of the curriculum.

It is the responsibility of the superintendent to develop a plan for the use of technology in the curriculum and to evaluate it annually.  The superintendent will report the results
of the evaluation and make a recommendation to the board annually regarding the use of technology in the curriculum.

 

NOTE:  This is a mandatory policy and reflects the educational standards.

 

 

Legal Reference:  Iowa Code § 279.8 (2007).
    
                                    281 I.A.C. 12.5(10), .5(22).

Cross Reference:  217.4    Board of Directors and Area Education Agency
    
                                    602       Curriculum Development
    
                                    605       Instructional Materials

Approved     6-20-2011                         
Reviewed   7/18/2016                                                                     
Revised                   

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:13

605.5 - Media Centers

605.5 - Media Centers

The school district will maintain a media center in each building for use by employees and by students during the school day.

Materials for the centers will be acquired according to board policy, "Instructional Materials Selection."

It is the responsibility of the principal of the building in which the media center is located to oversee the use of materials in the media center.

It is the responsibility of the superintendent to develop procedures for the selection and replacement of both library and instructional materials, for the acceptance of gifts, for
the weeding of library and instructional materials, and for the handling of challenges to either library or classroom materials.

 

NOTE:  This is a mandatory policy and reflects the educational standards.

 

 

Legal Reference:  Iowa Code §§ 256.7(24); 279.8; 280.14; 301 (2007).
   
                                    281 I.A.C. 12.3(11).

Cross Reference:  602       Curriculum Development
   
                                    605       Instructional Materials

Approved     6-20-2011                         
Reviewed  7/18/2016                                                             
Revised                   

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:11

605.6 - Internet Acceptable Use Policy (AUP)

605.6 - Internet Acceptable Use Policy (AUP)

Because technology is a vital part of the school district curriculum, the Internet will be made available to employees and students.  Appropriate and equitable use of the Internet
will allow employees and students to access resources unavailable through traditional means.

Students will be able to access the Internet through their teachers.  Individual student accounts and electronic mail addresses may be issued to students.  If a student already has
an electronic mail address, the student may, with the permission of the supervising teacher, be permitted to use the address to send and receive mail at school.

The Internet can provide a vast collection of educational resources for students and employees.  It is a global network which makes it impossible to control all available
information.  Because information appears, disappears and changes constantly, it is not possible to predict or control what students may locate.  The school district makes no
guarantees as to the accuracy of information received on the Internet.  Although students will be under teacher supervision while on the network, it is not possible to constantly
monitor individual students and what they are accessing on the network.  Some students might encounter information that may not be of educational value.  Student Internet
records and access records are confidential records treated like other student records.  Students Internet activities will be monitored by the school district to ensure students are
not accessing inappropriate sites that have visual depictions that include obscenity, child pornography or are harmful to minors.  The school district will use technology
protection measure to protect students from inappropriate access.

Employees and students will be instructed on the appropriate use of the Internet.  Parents will be required to sign a permission form to allow their students to access the Internet. 
Students will sign a form acknowledging they have read and understand the Internet Acceptable Use policy and regulations, that they will comply with the policy and regulations
and understand the consequences for violation of the policy or regulations.

 

 

Legal References:  Iowa Code § 279.8 (2007).

Cross References:  502       Student Rights and Responsibilities
    
                                    506       Student Records
    
                                    605.5    Media Centers

Approved     6-20-2011                         
Reviewed     7/18/2016                                                                          
Revised                   

 

dawn.gibson.cm… Tue, 09/28/2021 - 14:36

605.6E1 - Internet Access Permission Form

605.6E1 - Internet Access Permission Form

Your child has access to the Internet.  The vast domain of information contained within Internet's libraries can provide unlimited opportunities to students.

Students will be able to access the Internet through their teachers.  Individual student accounts and electronic mail addresses may be issued to students at this time.  If a
student already has an electronic mail address, he/she may, with permission of the supervising teacher, be permitted to use the address to send and receive mail at school.

Students will be expected to abide by the following network etiquette:

            The use of the network is a privilege and may be taken away for violation of board policy or regulations.  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.  Students will abide by the polices and procedures of these other networks.

            Students will respect all copyright and license agreements.

            Students will cite all quotes, references, and sources.

            Students will only remain on the system long enough to get needed information.

            Students will apply the same privacy, ethical and educational considerations utilized in other forms of communication.

            Student access for electronic mail will be through (the supervising teacher's account/their own account).  Students should adhere to the following guidelines:

Others may be able to read or access the mail, so private messages should not be sent.

Delete unwanted messages immediately.

Use of objectionable language is prohibited.

Always sign messages.

Always acknowledge receipt of a document or file.

            Students accessing Internet services that have a cost involved will be responsible for payment of those costs.

            Students will be expected to abide by additional details included in the Acceptable Use Policy Brochure

 

Please sign the form if you would like your child to be granted Internet access and return the permission form to your child's school.

 

Student Name __________________________     Grade ________    Date____________   

 

_____________________________________________________
(
Parent or guardian's signature)

 

If you have granted your child Internet access, please have them respond to the following:

I have read the expected network etiquette and agree to abide by these provisions.  I understand that violation of these provisions may constitute suspension or revocation of Internet privileges.

I agree to be responsible for payment of costs incurred by accessing any Internet services that have a cost involved.

                                                               __________________________________________________    Date____________
                                                                          
(Student signature)

 

dawn.gibson.cm… Tue, 09/28/2021 - 15:09

605.6R1 - Acceptable Use Policy Regulation

605.6R1 - Acceptable Use Policy Regulation

See attached form

 

dawn.gibson.cm… Tue, 09/28/2021 - 14:43

605.7 - Use of Information Resources

605.7 - Use of Information Resources

In order for students to experience a diverse curriculum, the board encourages employees to supplement their regular curricular materials with other resources. In so
doing, the board recognizes that federal law makes it illegal to duplicate copyrighted materials without authorization of the holder of the copyright, except for certain
exempt purposes. Severe penalties may be imposed for plagiarism, unauthorized copying or using of media, including, but not limited to, print, electronic and web
-based materials, unless the copying or using conforms to the "fair use" doctrine. Under the "fair use" doctrine, unauthorized reproduction of copyrighted materials is
permissible for such purposes as criticism, comment, news reporting, teaching, scholarship or research providing that all fair use guidelines are met.

While the school district encourages employees to enrich the learning programs by making proper use of supplementary materials, it is the responsibility of employees to
abide by the school district's copying procedures and obey the requirements of the law. In no circumstances shall it be necessary for school district staff to violate
copyright 
requirements in order to perform their duties properly. The school district will not be responsible for any violations of the copyright law by employees or
students. Violation of the copyright law by employees may result in discipline up to, and including, termination. Violation of the copyright law by students may result in
discipline, up to and including, 
suspension or expulsion.

Parents or others who wish to record, by any means, school programs or other activities need to realize that even though the school district received permission to
perform a copyrighted work does not mean outsiders can copy it and re-play it. Those who wish to do so should contact the employee in charge of the activity to
determine what the process is to ensure the copyright law is followed. The school district is not responsible for outsiders violating the copyright law or this policy.

Any employee or student who is uncertain as to whether reproducing or using copyrighted material complies with the school district's procedures or is permissible under
the law should contact the principal, teacher or teacher-librarian who will also assist employees and students in obtaining proper authorization to copy or use protected
material when such authorization is required.

It is the responsibility of the superintendent, in conjunction with the principal, teacher or teacher-librarian, to develop administrative regulations regarding this policy.

 

Note: This is a mandatory policy. The policy is based upon federal law. It is strongly recommended the board seek legal counsel prior to making substantive edits to the policy and sample regulation.

 

 

Legal References:  17 U.S. Code Sec. 101 et al.
                                         
281 I.A.C. 12.3(12).

Cross References:  605.6 Internet Appropriate Use

Approved__6/20/2011__          
Reviewed __7/18/2016         
Revised __________

 

dawn.gibson.cm… Tue, 09/28/2021 - 18:31

605.7R1 - Use of information Regulation

605.7R1 - Use of information Regulation

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 shall be obtained from the publisher or producer with the assistance of the principal, teacher, 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

            o A complete poem, if less than 250 words and two pages long, may be copied; excerpts from longer poems cannot exceed 250 words;

            o 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;

            o Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph;           

            o 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 areasonable 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, principal, teacher or teacher-librarian  should be contacted. The following prohibitions have been expressly stated in federal guidelines:

• Reproduction of copyrighted material shall 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 shall be no copying from copyrighted consumable materials
    such 
as workbooks, exercises, test booklets, answer sheets and the like.

• Employees shall not:

            o 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;

            o Copy or use more than nine instances of multiple copying of protected material in any one term;

            o Copy or use more than one short work or two excerpts from works of the same author in any one term;

            o 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.

            o 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.

            o 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 shall contain the notice of copyright and the student or staff member shall 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 shall 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 non-dramatic 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 principal, teacher or teacher librarian or
the subscription database, e.g. united streaming.

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 shall 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 shall 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 shall be in effect:

            • All copyright laws and publisher license agreements between the vendor and the school district shall be observed;

            • Staff members shall take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment;

            • A back-up copy shall 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 shall make a back-up copy that will be used for replacement purposes only;

            • A copy of the software license agreement shall be retained by the, technology director; 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 shall be obtained from
the original copyright holder(s) before such projects are placed online. The opening screen of such presentations shall include notice that permission was granted and
materials are restricted from further use.

 

 

Approved____________
Reviewed __7/18/2016__
Revised ______________

 

dawn.gibson.cm… Tue, 09/28/2021 - 18:33