HOUSE BILL No. 6030
September 28, 2000, Introduced by Reps. Allen, Gilbert, DeRossett and Cassis and referred to the Committee on Education. A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1258. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 1258. (1) NOT LATER THAN THE BEGINNING OF THE 2 2001-2002 SCHOOL YEAR, THE BOARD OF A SCHOOL DISTRICT, LOCAL ACT 3 SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT OR THE BOARD OF 4 DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL ADOPT AN INTERNET FIL- 5 TERING POLICY. THIS POLICY SHALL ESTABLISH MEASURES RESTRICTING 6 ACCESS TO THE INTERNET THAT ARE DESIGNED TO PREVENT A MINOR FROM 7 VIEWING OBSCENE OR ILLEGAL MATTER, OR SEXUALLY EXPLICIT MATTER 8 HARMFUL TO MINORS, THROUGH THE DISTRICT'S OR PUBLIC SCHOOL 9 ACADEMY'S COMPUTER, COMPUTER PROGRAM, COMPUTER NETWORK, COMPUTER 10 SYSTEM, OR CONNECTIVITY FROM AN INTERNET SERVICE PROVIDER. THE 11 POLICY MAY INCLUDE INSTALLATION OF FILTERING OR BLOCKING 07080'00 TAV 2 1 TECHNOLOGY OR USE OF FILTERING SERVICES PROVIDED THROUGH 2 CONNECTIVITY WITH AN INTERNET SERVICE PROVIDER. 3 (2) THE BOARD OF A SCHOOL DISTRICT, LOCAL ACT SCHOOL DIS- 4 TRICT, OR INTERMEDIATE SCHOOL DISTRICT OR THE BOARD OF DIRECTORS 5 OF A PUBLIC SCHOOL ACADEMY SHALL MAKE ALL OF THE FOLLOWING AVAIL- 6 ABLE TO THE PUBLIC UPON REQUEST: 7 (A) THE INTERNET FILTERING POLICY DESCRIBED IN SUBSECTION 8 (1). 9 (B) IF APPLICABLE, INFORMATION ABOUT THE FILTERING OR BLOCK- 10 ING TECHNOLOGY THAT IS INSTALLED OR PROVIDED ON COMPUTERS THAT 11 PERMIT ACCESS TO THE INTERNET AND THE TYPES OF SITES THE TECHNOL- 12 OGY FILTERS OR BLOCKS. 13 (3) NOT LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS 14 SECTION, THE DEPARTMENT OF MANAGEMENT AND BUDGET SHALL NOTIFY 15 EACH SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDIATE 16 SCHOOL DISTRICT, AND PUBLIC SCHOOL ACADEMY THAT THIS STATE WILL 17 PROVIDE INTERNET FILTERING TECHNOLOGY UPON REQUEST AND ACCORDING 18 TO THIS SECTION. THIS NOTICE SHALL INCLUDE A DESCRIPTION OF THE 19 PROCEDURE FOR NOTIFYING THE DEPARTMENT OF MANAGEMENT AND BUDGET 20 OF THE DISTRICT'S OR PUBLIC SCHOOL ACADEMY'S INTENT TO PARTICI- 21 PATE IN THIS PROGRAM. THE DEPARTMENT SHALL ASSIST THE DEPARTMENT 22 OF MANAGEMENT AND BUDGET AS NECESSARY. 23 (4) A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDI- 24 ATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY THAT CHOOSES TO 25 RECEIVE THE INTERNET FILTERING TECHNOLOGY FROM THIS STATE SHALL 26 NOTIFY THE DEPARTMENT OF MANAGEMENT AND BUDGET OF ITS INTENT TO 27 PARTICIPATE IN THIS PROGRAM. 07080'00 3 1 (5) NOT LATER THAN MARCH 1, 2001, THE DEPARTMENT OF 2 MANAGEMENT AND BUDGET SHALL INITIATE THE PROCESS TO SOLICIT BIDS 3 ON INTERNET FILTERING TECHNOLOGY FOR SCHOOLS DESIGNED TO PREVENT 4 VIEWING OBSCENE OR ILLEGAL MATTER OR SEXUALLY EXPLICIT MATTER 5 THAT IS HARMFUL TO MINORS. AFTER RECEIVING BIDS, THE DEPARTMENT 6 OF MANAGEMENT AND BUDGET SHALL CONSULT WITH THE SUPERINTENDENT OF 7 PUBLIC INSTRUCTION, OR HIS OR HER DESIGNEE, AND THE DIRECTOR OF 8 THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION, OR HIS OR 9 HER DESIGNEE, ON THE APPROPRIATE VENDOR TO SELECT FROM THE BIDS, 10 IF ANY. THE DEPARTMENT OF MANAGEMENT AND BUDGET WILL NOTIFY PAR- 11 TICIPATING DISTRICTS AND PUBLIC SCHOOL ACADEMIES OF THE DECISION 12 REGARDING THE ACCEPTANCE OF A BID AND ANY RELEVANT INFORMATION 13 REGARDING PRODUCT DELIVERY TO THOSE DISTRICTS AND PUBLIC SCHOOL 14 ACADEMIES. 15 (6) AS SOON AS PRACTICABLE, THE DEPARTMENT OF MANAGEMENT AND 16 BUDGET SHALL PROVIDE THE TECHNOLOGY OBTAINED UNDER SUBSECTION (5) 17 AT NO CHARGE TO THE DISTRICTS AND PUBLIC SCHOOL ACADEMIES THAT 18 HAVE ELECTED UNDER SUBSECTION (4) TO PARTICIPATE IN THE PROGRAM. 19 THE DEPARTMENT OF MANAGEMENT AND BUDGET ALSO SHALL MAKE THIS 20 TECHNOLOGY AVAILABLE AT COST TO NONPUBLIC SCHOOLS LOCATED IN THIS 21 STATE. 22 (7) THE PRINCIPAL OF EACH SCHOOL BUILDING IN WHICH INTERNET 23 FILTERING TECHNOLOGY IS INSTALLED AS PROVIDED UNDER THIS SECTION 24 SHALL DESIGNATE WHICH COMPUTERS AT THE SCHOOL WILL BE EQUIPPED 25 WITH THE INTERNET FILTERING TECHNOLOGY OR WILL USE FILTERING 26 SERVICES PROVIDED THROUGH CONNECTIVITY FROM AN INTERNET SERVICE 27 PROVIDER, AND WHICH WILL NOT. IN MAKING THIS DESIGNATION, THE 07080'00 4 1 PRINCIPAL SHALL TAKE INTO CONSIDERATION COMPUTER USE BY 2 PARTICIPANTS IN ADULT EDUCATION, COMMUNITY COLLEGE, OR OTHER PRO- 3 GRAMS THAT MAY REQUIRE UNFILTERED ACCESS TO THE INTERNET. THOSE 4 COMPUTERS THAT ARE NOT EQUIPPED WITH FILTERING SOFTWARE AND DO 5 NOT USE FILTERING SERVICES PROVIDED THROUGH CONNECTIVITY FROM AN 6 INTERNET SERVICE PROVIDER SHALL BE EASILY IDENTIFIABLE AS SUCH IN 7 A MANNER ESTABLISHED BY THE PRINCIPAL. 8 (8) A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, INTERMEDI- 9 ATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY IS NOT LIABLE FOR 10 DAMAGES THAT MAY ARISE FROM A MINOR GAINING ACCESS ON THE INTER- 11 NET TO OBSCENE OR ILLEGAL MATTER OR SEXUALLY EXPLICIT MATTER 12 HARMFUL TO MINORS THROUGH THE DISTRICT'S OR PUBLIC SCHOOL 13 ACADEMY'S COMPUTER, COMPUTER PROGRAM, COMPUTER NETWORK, COMPUTER 14 SYSTEM, OR CONNECTIVITY FROM AN INTERNET SERVICE PROVIDER IF ALL 15 OF THE FOLLOWING ARE MET: 16 (A) THE BOARD OF THE DISTRICT OR PUBLIC SCHOOL ACADEMY HAS 17 ADOPTED AN INTERNET FILTERING POLICY THAT MEETS THE REQUIREMENTS 18 OF SUBSECTION (1). 19 (B) THE COMPUTER, COMPUTER PROGRAM, COMPUTER NETWORK, COM- 20 PUTER SYSTEM, OR CONNECTIVITY FROM AN INTERNET SERVICE PROVIDER 21 IS EQUIPPED WITH INTERNET FILTERING TECHNOLOGY OR USES FILTERING 22 SERVICES PROVIDED THROUGH CONNECTIVITY FROM AN INTERNET SERVICE 23 PROVIDER. 07080'00 Final page. 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