On July 20, 2024, Senate Bill No. 187 became law without Governor Shapiro’s signature, making it Act No. 92 of 2024 (the “Act”). The Act reflects the General Assembly’s efforts to protect children from harmful material on the Internet and signals a good time to review your school’s acceptable use policies.
Declaration of Policy
The Act declares the Commonwealth’s compelling interest and duty to protect children from exposure to obscenity, child sexual abuse material and other material that is harmful to others. As such, the Commonwealth also has a compelling interest in preventing users from accessing obscene and child sexual abuse material within a public school or public library.
By passing the Act, the General Assembly acknowledges that there is a need to balance the goal of providing free access to educational suitable resources on the Internet against the duty to protect children.
School Internet Policies
By or before March 17, 2025, every Pennsylvania school board must adopt an acceptable use policy.
At a minimum, the policy must contain provisions that:
“Prevent students and employees of the school entity from using any computer equipment and communications services owned or leased by the school entity for sending, receiving, viewing or downloading visual depictions of obscenity, child sexual abuse material or material that is harmful to minors.”
Enforcing the Policies
To implement and enforce an acceptable use policy, school boards may (1) use software programs to block access to visual depictions of obscenity, child sexual abuse material and other material that is harmful to minors, and/or (2) select online servers that block access to such content.
Effective Date
The Act takes effect on September 28, 2024, and requires Pennsylvania schools to enact an acceptable use policy no later than March 17, 2025.
Bottom Line for Schools
Pennsylvania school administrators and school boards are encouraged to review their current acceptable use and Internet policies and begin drafting new policies that reflect the Act’s updated requirements.
