§ 49-1-221 — Internet acceptable use policy - Requirements for provider of digital or online resources - Complaints

(a) (1) Each LEA shall adopt an internet acceptable use policy. At a minimum, the policy shall contain provisions that: (A) Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet; (B) Seek to prevent access by students to material that the school district deems to be harmful to juveniles; (C) Select technology for the LEA's computers having internet access that will: (i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and (ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901 ; (D) Establish appropriate measures to be taken against persons who violate the policy; (E) Include a component on internet safety for students that is integrated in a school district's instructional program; and (F) Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences. (2) The policy may include such other terms, conditions and requirements as deemed appropriate, such as requiring written parental authorization for internet use by juveniles or differentiating acceptable uses among elementary, middle and high school students. (b) The director of schools shall take such steps as appropriate to implement and enforce the school district's policy. (c) (1) A provider of digital or online resources, with which an LEA or a state agency contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use, shall: (A) Verify that the digital or online materials do not violate § 39-17-902 ; (B) Filter, block, or otherwise prevent access to pornography or obscenity through one's use of the digital or online materials; (C) Verify, in writing, that the provider's technology prevents a user from sending, receiving, viewing, or downloading materials that are harmful to minors, as defined in § 39-17-901 ; and (D) Remove, upon the contracting LEA's or state agency's request, access to digital or online materials for ages or audiences for which the contracting LEA or state agency has determined the material to be age- or audience-inappropriate. A provider must remove access to digital or online materials described in this subdivision (c)(1)(D) within one (1) business day of the provider's receipt of the contracting LEA's or state agency's request, unless the deadline for removal is extended by mutual consent of the contracting parties. (2) An LEA or a state agency that contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use shall adopt and implement a policy that: (A) Allows a person to file a complaint with the respective LEA or state agency concerning an alleged violation of subdivision (c)(1); and (B) Requires the LEA or state agency to review a complaint as described in subdivision (c)(2)(A) to determine if action is necessary. (3) This subsection (c) does not apply to medical resources or archival collections.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1002, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1002, s 2, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 725, Secs.s 9, s 10 eff. 4/18/2018. Amended by 2015 Tenn. Acts, ch. 182, s 10, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 274, s 1, eff. 4/25/2013. Acts 2008 , ch. 989, § 1.