Keith, Steve,  and others..I have been missing on School IT for past couple of days.. though did here about this conversation yesterday while we were talking 1:1 in Burlington...  I have a time to discuss this with lawyers here, it does pose an interesting problem.. But, my gut tells me this...

This is a school computer, provided to the student with restrictions imposed via the AUP in place.  The students are supposed to be using it for school and education related functions.  Streaming a home account Netflix movie that is inappropriate in the school context is to me a clear violation of that AUP.  

It is a choice of the user to have the Netflix account save the password.. OR a choice of the user to have the browser save passwords.. at least on my browsers I get an ask dialogue box if I want to save the passwords. (even then, It is my choice ot have the browser save all passwords)..   If in the course of the "search" of the unit by the tech they find access to Netflix is left open and that is the root of the issue, then yes, they have every right to review that history to ascertain that the student was accessing material that was violating the AUP conditions.  

Before calling lawyers, I think the best tact is a frank discussion with the parent, an administrator, and student about AUP, trust in the school environment, and the inappropriate nature of viewing that material at school.   Steer the conversation back to the learning opportunities that the device is intended for, and move on.    In the end, you don't want this to result in yanked access to the device for the student.  

As George said so well.. not a lawyer, but playing one here in email. 


Peter Drescher
Education Technology Coordinator
Vermont Agency of Education
Integrated Support for Learning Division
120 State St. 
Montpelier, VT  05620
Ph.: 802.828.5149
FAX: 802.828.0573
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Twitter:  VTDOE_EdTech

-----Original Message-----
From: School Information Technology Discussion [mailto:[log in to unmask]] On Behalf Of Keith Nemlich
Sent: Tuesday, April 16, 2013 3:10 PM
To: [log in to unmask]
Subject: Re: Another AUP issue

John  - 

You present an interest analogy; however, most AUPs for 1:1 programs that I have read make it clear that the laptop provided by the school is for student school-related work, not parental entertainment. And in this case, the student is "the tenant", not the parent, no? I know of other 1:1 schools that make it quite clear to students and parents that the laptop can be "searched" at any time by a school administrator if there is a concern regarding AUP. i guess I'm not clear about the parent's complaint. Do they believe that their own right privacy was violated? If so, seems to me they opened the door when they (or the child) logged into the parent's Netflix account. 

Perhaps we can get some "official" language around this from the AOE. 

Keith Nemlich

On Apr 16, 2013, at 2:35 PM, John Peters <[log in to unmask]> wrote:

> From Cornell Law Schools website on the Fourth Amendment:
> The law treats staff and faculty members of public educational insitutions as agents of the government. Therefore, the Fourth Amendment applies to public school employees, but a less stringent standard prevails. In the context of public school searches, employees may perform a search on the condition that they have reasonable suspicion. Reasonable suspicion requires a rationale basis upon which to believe that a student possesses contraband or has committed a crime. Hunches, rumors, or guesses do not constitute reasonable suspicion.
> Since one of the tenants of 1:1 is more parental involvement and if the parent believed they had an expectation of privacy on the account, this could present a slippery slope. The argument could be made that it is like an apartment. I may own the apartment but if I rent it for a length of time to a tenant, the tenant has a reasonable expectation of privacy for the duration of the lease.   I think I would consult administration and possibly a lawyer since possession of a movie may not be considered contraband or evidence of a crime by a court, if it comes to that. 
> John Peters
> Director of Technology
> North Country Supervisory Union
> 338 Highland Ave Suite#4
> Newport, VT 05855
> 802.334.5847 ext 2018
> [log in to unmask]
> Please note my new email address and add it to your contacts
> -----Original Message-----
> From: School Information Technology Discussion [mailto:[log in to unmask]] On Behalf Of Raymond Ballou
> Sent: Tuesday, April 16, 2013 1:41 PM
> To: [log in to unmask]
> Subject: Re: Another AUP issue
> its a school machine, why WOULDNT the school have the right to search it?
> just like lockers and even cars on premises if something is in plain sight.
> Is the parent concerned that
> -the school violated netflix's AUP?
> -the school invaded the student's privacy?
> -that the student got in trouble.
> what led the employee to check on netflix?
> R
> -----Original Message-----
> Do you know if school personnel have the legal right to access an unprotected parent/student personal account on a 1-1 school device, no matter what an AUP states about inappropriate use?