Electronic communication is the transmittal of a communication between two or more computers or other electronic devices, whether or not the message is converted to hard copy format and whether or not the message is viewed upon receipt. Electronic communication includes all electronic messages that are transmitted through a local, regional, or global computer network.
All District electronic communication systems are owned by the District and are intended for the purpose of conducting official District business only. District electronic communication systems are not intended for personal use by District employees. District employees should have no expectation of privacy when using the electronic communication systems.
Users of District electronic communication systems are responsible for their appropriate use and security. All illegal and improper uses of the electronic communication system, including but not limited to pornography, obscenity, harassment, solicitation, gambling and violating copyright or intellectual property rights are prohibited. Use of the electronic communication system for which the District will incur an expense without expressed permission of a supervisor is prohibited.
Disclosure of confidential student records, including disclosure via electronic mail or other electronic communication systems, is governed by the Family Rights and Privacy Act (FERPA). Therefore, the sharing of student records or other confidential information with persons or agencies outside the school district via e-mail is prohibited without prior written consent of the student's parent/guardian, or without prior written consent if such actions are allowable under an exception to FERPA (See Board Policy JRC, Student Records/Release of Information on Students, for detailed information on student records and FERPA). Student records and other confidential information may be shared with other District staff members via e-mail, as long as the staff member with whom the records are shared has a legitimate educational interest in the student and the records are shared for a legitimate educational purpose.
Any student records which are maintained on the electronic communication system are part of the student's record and, as such, are available for parent/guardian review and must be maintained in accordance with FERPA requirements. It is imperative that staff members who share confidential student information via the electronic mail system understand the correct use of the system, so that confidential records are not inadvertently sent or forwarded to the wrong party. Staff members who use e-mail to disclose student records or other confidential student information in a manner inconsistent with FERPA requirements may be subject to disciplinary action. Care should be taken when forwarding an electronic mail message. If the sender of an electronic mail message does not intend for the mail to be forwarded, the sender should mark the message "Do Not Forward."
To ensure compliance with applicable law and District policy, the District retains the right to review, store, and disclose all information sent over the District electronic communication systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation, and to access district information in the employee's absence.
Except as provided herein, District employees are prohibited from accessing another employee's electronic communications account without the expressed consent of the employee. All District employees should be aware that electronic communication messages can be retrieved even if they have been deleted and that statements made in electronic communications may have legal consequences.
Electronic communication sent or received by the Board, the District, or the District's employees may be considered a public record subject to retention under state or federal law. Such electronic communication may also be subject to public disclosure or inspection under the Colorado Open Records Act. A public record is any writing, including electronic mail messages, made, maintained or kept by the school district for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.
Under provisions of the Open Meetings Law, electronic communications used by elected officials to discuss school district business may be deemed a meeting subject to the provisions of the Open Meetings Law.
The applicable custodian of records in the District shall assist the public in locating any specific public electronic record requested and shall provide public access to public electronic records in accordance with state law.
Whenever the District is a party in litigation or reasonably anticipates being a party in litigation, Board members and District employees in possession of electronic documents, email and/or other evidence relevant to the litigation or reasonably anticipated litigation shall retain all such documents, emails and other evidence until otherwise directed by the Superintendent or designee.
To ensure compliance with applicable law and District policy, the District retains the right to review, store and disclose all information sent over the District electronic communication systems for any legally permissible reason, including but not limited to determining whether the information is a public record, whether it contains information discoverable in litigation and to access District information in the employee's absence.
Upon sending or receiving an electronic communication, all users shall store those communications that are public records. Such records may be maintained in accordance with District-established records retention guidelines. Public records are those that evidence the District's functions, policies, decisions, procedures, operations or other activities of the District or that contain valuable District data.
Electronic communication on District computers or District electronic communication systems shall be retained only as long as is necessary. Such electronic communication shall be deleted on a routine basis unless otherwise required to be retained by District policy or state or federal law.
District employees will be subject to disciplinary action for violation of this policy and regulation.
Adoption Date: January 09, 2012
Last Revised: December 12, 2011
| Cross References: | EHB - Records Retention |
| JRC - Student Records/Release of Information on Students | |
| JS - Student Use of the Internet and Electronic Communications | |