I heard a speaker say the Supreme Court had ruled that as long as schools and other public entities have CIPA safeguards in place, they can’t be sued if a minor accesses an “inappropriate” Web site. I’m a high school librarian, and I need help in dealing with a skittish school board. Can you help me?
We live in a litigious society. There’s always a risk of being sued, but there are steps that schools can take to reduce the chance of that happening. First, let me explain the provisions of the Children’s Internet Protection Act (CIPA).
If public schools and libraries receive federal e-rate discounts or Library Services and Technology grants for Internet service, they’re required to use a “technology protection” measure. These measures are not required for institutions that don’t receive such funding. This is what CIPA requires:
- “Technology protection” specifically means that filtering or blocking software must be installed on every computer, including those used by faculty and staff.
- The filters must be configured to block visual images that are obscene, harmful to minors, or depict child pornography.
- CIPA allows a designated “systems administrator” to disable the filter for an adult who needs information for “bona fide research or other lawful purposes.”
- The law does not forbid unblocking a site that has been wrongfully blocked, as long as the site does not contain materials defined in the law’s criteria for blocking. For example, a site about breast cancer may be unblocked. However, if a picture of a woman’s naked breast is shown, even for the purpose of educating girls and women about self-examinations, then unblocking the site may be troublesome. There are those who believe that a woman’s bare breast falls under the “obscene” category.
No filter, of course, is foolproof. Some tech-savvy kids can probably figure out a way around it. That’s why it’s so important for schools to have an Internet acceptable-use policy, which places the responsibility on the user, and lets parents know the school’s expectations regarding online use. Students and their parents should sign the policy or agreement, and it should be filed in the media specialist’s office. In many ways, this policy offers more protection than CIPA. By the way, it’s important to note that some states require all public schools to use filters or risk losing state funding.
I recently read a discussion on LM_NET about in loco parentis, Latin for “in the place of a parent.” There seems to be some confusion. One subscriber said that educators act in loco parentis, but I learned in library school that we don’t have that sort of status. What’s correct?
It varies from state to state. For example, the state of Washington has no in loco parentis statute. On the other hand, some states grant schools limited in loco parentis, which usually means “physical care and control.” In loco parentis puts a lot of responsibility on a school’s staff. It’s a road I don’t think anyone wants to go down if it’s not required. For example, full in loco parentis status might require a library media specialist to keep a book about Islam out of the hands of a child whose parents are fundamentalist Christians and don’t want him to read about any religion other than their own. Personally, I wouldn’t want that kind of responsibility.
The in loco parentis argument is often used to justify a library professional’s decision to avoid purchasing certain materials. Check your state law.
I’m getting directives from teachers about which books certain kids can and can’t check out. For instance, one parent told a teacher she doesn’t want her son to be able to check out “Captain Underpants” books from the library. I agreed to honor the request, but now I feel like I’ve done something horribly wrong. What should I do?
Your question is closely related to the issue of in loco parentis. The teacher shouldn’t have made such a promise to the parent, and you shouldn’t have agreed to honor the request. If the parent has a problem with her child reading “Captain Underpants” titles, then she needs to talk to her child about it. A library media specialist serves too many children to have the burden of this type of request. It’s also a matter of professional ethics. Our role is to encourage, not discourage, reading.