Policy 2.52

The Education Network

1. Purpose.-- The purpose of this Policy is to define the function of the Palm Beach County School District's Open Access Channel 19, The Education Network ("T.E.N."), provide information and direction to District Staff regarding T.E.N., and assist the public in understanding the services offered by T.E.N.

2. Mission of T.E.N.

1. The School District of Palm Beach County, Department of Instructional Support, is authorized to operate T.E.N., a not-for-profit educational television channel, to fulfill the public educational purpose of broadcasting educational programs, productions, showcases, and activities to the residents of Palm Beach County, Florida, in conformance with the applicable federal and state laws, School Board Policies, and Federal Communications Commission (FCC) regulations.

2. The mission of T.E.N. is to enhance the School District's public information and communications system, involve the community in local educational issues and services, provide for the delivery of educational programming throughout the community, and provide information to general and specialized audiences.

3. T.E.N. is designated as an open access cable channel, as provided for in the 1994 Cable Act and the franchise agreement between the Palm Beach County Board of County Commissioners and Adelphia Cable. The broadcast area for T.E.N. will include the current franchise area of Adelphia Cable and available satellite transponder time.

3. Programming Categories.-- All programming on T.E.N. shall fall within at least one of the following categories:

1. School Board Meeting and Workshops

2. Curriculum and Instruction:

3. Public Affairs:

4. Educational Community Interest

5. Student Showcase

6. Administrative Operations

4. Programming Guidelines.-- All programming on T.E.N. must fall within one of the channel's designated categories as listed above in section (3). The District shall allocate programming time among the designated categories. The following additional guidelines shall apply:

1. All programming on T.E.N. must support, and be consistent with, the channel's mission and goals.

2. All programming on T.E.N. must be of local educational interest and provide community benefit.

3. All programming on T.E.N. must be either produced or approved for use by the T.E.N. Manager. The Superintendent shall have final authority to approve or reject programming on T.E.N.

1. The School District, through the Department of Instructional Support and T.E.N., may produce, supervise, broadcast, and distribute original programming.

2. Any District department may co-sponsor a programming proposal by submitting a request to the manager of T.E.N.

3. The District may cooperate with other media in the delivery, production, broadcast or other use of programming consistent with the mission of T.E.N.

4. Upon recommendation of the Superintendent, the School Board may enter into memoranda of understanding, interlocal agreements, cooperative agreements, or other contracts to further the purpose of producing and distributing educational and cultural programming through T.E.N.

4. School Board meetings, workshops, and other public meetings will be covered, to the extent possible, gavel-to-gavel, without editing or interruption. Introductory or supplementary information which will aid the viewer in understanding the context or issues may be provided.

5. Live-broadcast or videotaped coverage on T.E.N. of Board or public meetings shall not be considered an official record of those meetings, and the Board shall have no liability for access to or lack of access to coverage of such meetings. The District will archive broadcast videotapes of public meetings as required by law and the District's records retention schedule.

5. Prohibited Programming.-- T.E.N reserves the right to refuse to transmit all or any portion of a program which promotes any activity which is deemed inappropriate under local, state, or federal law or this Policy or other Board Policies. All material shall be consistent with the scope and sequence of the District curriculum, family involvement goals, or other identified educational purposes. The following types of programming shall be prohibited on T.E.N.:

1. Programming that is deemed inappropriate or illegal under Board Policy or state or federal law or is inconsistent with the mission and goals of the Board, the District School System, or T.E.N.

2. Programming that violates FCC guidelines for access television, including: Commercial/for-profit making enterprises, trade or business announcements, or obscene, indecent, libelous or slanderous speech.

3. Programming that promotes political candidates or issues, except as allowed under Policies 2.59 and 2.591, FCC Regulations, and this Policy.

6. Programming Authority and Responsibility

1. The School District reserves the right to program T.E.N. Channel 19 in accordance with the objectives identified above in subsection (2)(a).

2. The District shall follow all FCC guidelines for access television.

3. The School District reserves the right to refuse any request for cable programming or operations which is deemed inappropriate or illegal under Board policy or state or federal law or is inconsistent with the mission and goals of the Board, the District School System, or T.E.N. For First Amendment purposes, T.E.N. is not a public forum; it is subject to the oversight, direction, and editorial control of the Superintendent/designee.

4. As appropriate, any grievance regarding programming decisions shall be filed with the manager of T.E.N. If not resolved at that level, the issue may be forwarded to the T.E.N. Advisory Committee. Their recommendations will be forwarded to the Superintendent of Schools for review and, if not resolved, the Superintendent will present a recommendation to the School Board, whose decision shall be final.

5. Public issue forums or debates carried on T.E.N. must relate to the channel's mission and must comply with copyright laws. Use of T.E.N. by individuals seeking public office or reelection is prohibited. The District may provide programming designed to address public policy issues on the ballot or candidate forums that do not advocate a specific position and do not restrict access by all candidates for a specific office, consistent with Policy 2.59. The program content shall be restricted to information and support of voter registration and participation.

6. Duplicates of tapes of original programming produced by T.E.N. may be available by submitting a request for duplication and paying the fees set forth in Policy 2.041. Requests should be made at least two weeks prior to the desired completion date. Certain programming produced for T.E.N. may be copyrighted by third parties and not subject to duplication for public records requests.

7. To the extent allowed under Fla. Stat. Chapter 119, the School Board shall retain all rights to all material and programs developed by the staff of T.E.N. or other District employees. To the extent allowed under Chapter 119 and federal copyright law, works created for hire by employees or contractors on behalf of the District shall designate ownership of all material or production to the District. Programming produced by T.E.N. may be marketed or distributed as directed by the School Board, consistent with Chapter 119.

7. Emergency Response.-- Channel 19 may be used at any time for the purpose of emergency communication and response, consistent with the interlocal agreement with the Emergency Management Services for cooperative support throughout an identified emergency.

8. Revisions to Operational Policies and Procedures.-- The School Board may modify these policies and procedures at any time through the rulemaking process. The Superintendent may develop administrative procedures for T.E.N., to be recommended for incorporation into this Policy.