Legal Requirements
for California Public School Districts
That Provide Internet Access

California Education Code Section 51870.5

(a) A school district that provides pupils with access to the Internet or an on-line service shall adopt a policy regarding access by pupils to Internet and on-line sites that contain or make reference to harmful matter as defined in subdivision (a) of Section 313 of the Penal Code. (b) This section shall remain in effect only until December 31, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2002, deletes or extends that date.

Commencing July 1, 1998, the notification shall include a copy of the written policy of the school district adopted pursuant to Section 51870.5 regarding access by pupils to Internet and online sites.

As used in this chapter: (a) "Harmful matter" means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (1) When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group. (2) In prosecutions under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter lacks serious literary, artistic, political, or scientific value for minors.

updated