4012.1 - Electronic Network and Internet Use Policy

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WHEREAS San Bernardino County Superintendent of Schools ("SBCSS") has created the following policies for all employees who may have access to the SBCSS Electronic Network, including access to the Internet. These policies also apply to volunteers, coaches and others who interact in an electronic format with students and employees of SBCSS and its member school districts ("District").

WHEREAS the employee acknowledges the SBCSS and District Electronic Network and the Internet access is intended for only professional and responsible use by employees.

WHEREAS employees of SBCSS may have access to District Electronic Networks while conducting business throughout the County, including access to the Internet, upon approval of department management; and

NOW THEREFORE,
TERMS AND CONDITIONS OF THIS POLICY

Electronic Network: The Electronic Network, as referred to herein, includes any electronic medium, whether on a desktop or mobile device, Internet, email or other electronic display.

Acceptable Use:  Use of the Electronic Network must be in support of the SBCSS mission to serve students and clients and not for personal use. Only professional and responsible use of the SBCSS Electronic Network is authorized. Use is restricted to employees only.  Individuals using the network and/or Internet without authority, or in excess of their authority, may be subject to discipline. Communications on the SBCSS Electronic Network are not private and are subject to monitoring and recording.

Represented or FLSA covered employees can only use the SBCSS Electronic Network within their prescribed work hours as defined in their bargaining unit agreement. FLSA Exempt employees, such as management and teachers, and as defined by the United States Department of Labor in the Fair Labor and Standards Act and by the California Department of Labor, have no definite hours of work, but instead work the hours necessary to perform the services as needed and required without overtime compensation (Policy 4313.1 – Working Hours – Management).

Privileges:  Communications through the Electronic Network, including network email, may be monitored. Should SBCSS discover improper use of the Electronic Network, SBCSS reserves the right to discontinue SBCSS Electronic Network and/or Internet access and/or take further appropriate employment and disciplinary actions up to and including dismissal. This includes all devices the employee uses to access the SBCSS Network.

Termination of Employment:  Upon termination of employment, the employee’s access to SBCSS Electronic Network and the Internet will be terminated immediately and all Electronic Network files remain the property of SBCSS.

Personal Responsibility:  Employees of SBCSS will accept personal responsibility for reporting any misuse of the Internet to their immediate supervisor, department head, or the system administrator.  Private applications not registered with the Technology Services Branch will be removed from the system upon discovery. Account access is only granted to authorized users. Employees are responsible for the security and confidentiality of passwords (SBCSS Organizational Password Policy 4012.5). Passwords are not to be shared. Employees who choose to use a photo to attach to their personal email account, must use a photo that is professional in appearance.

Services:  The SBCSS makes no warranties of any kind, whether expressed or implied, for the service it is providing.  SBCSS will not be responsible for any damages suffered while on this system.  These damages include loss of data as a result of delays, non-deliveries, misdirected deliveries, or service interruptions caused by the system or the employee’s errors or omissions.  Use of any information obtained via the Internet is at the employee’s own risk.  SBCSS specifically disclaims any responsibility for the accuracy of information obtained through the Internet.

Notification:  SBCSS Human Resources Branch will notify the Technology Services Branch of any changes in an employee’s information, including name change, location change, bargaining unit change, etc.

Terms and Conditions of this Policy
Relative to District Electronic Network Use as an SBCSS Employee

The intent of this policy is not to impose restrictions that are contrary to the culture of openness, trust and integrity of the employees of SBCSS.  Technology Services Branch is committed to protecting the employees and all systems and networks of SBCSS or Districts (District) they provide services to from illegal or damaging actions by individuals, either knowingly or unknowingly.

This applies to all network related systems, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are the property of SBCSS or the District.  

District Network Use As An SBCSS Employee

Specific exceptions to any of the below must be approved by the District school board or designated school official, documented, and published prior to becoming effective.

1. Every employee must adhere to both the SBCSS and District Acceptable Use Policies prior to being given access to either the SBCSS or District networks.
2. If an employee accesses either the SBCSS or District networks illegally and without prior approval from the technology staff of either SBCSS or District, network access may be removed permanently.
3. All devices connected to the SBCSS or District network and software running on those devices:
   1. Must be the property of either SBCSS or the District;
   2. Must be connected, installed, maintained, and upgraded exclusively by authorized SBCSS or District technology staff or their designee;
   3. Must be operated exclusively by an SBCSS employee or authorized contractor only (and not by family members or friends of the employee);
   4. Will be secured with a password-protected screensaver with the automatic activation feature set when host is left unattended according to SBCSS or District policy in compliance with BEST NET consortium standards;
   5. Will be continuously executing approved SBCSS, District and/or BEST NET consortium virus, malware, spyware, and ad-ware detection software;
4. Personally, owned devices can be used for email access only with the express permission of the Supervisor. SBCSS assumes no responsibility for the use of personal devices while on or using the SBCSS network.
5. Employees are not to store SBCSS or District data of any kind on their personal devices.
6. Employees should not open e-mail attachments received from unknown senders, since they may contain viruses or malware, including e-mail bombs, or Trojan horse code. If you receive attachments from unknown senders, please notify the TS helpdesk.
7. All software used by employees or recommended for students use by employees (including free apps) must have contracts that comply with the requirements of AB1584/Ed Code 49073.1 to ensure the ongoing security and privacy of student and staff personally identifiable information.
8. All activity involving the use of a school district’s network, devices attached to that network, or software installed on those devices may be monitored by the school district at any time without prior notice. This is in addition to any security monitoring solution implemented by SBCSS.
9. All data and information stored on any device owned by the school is the property of the school district.
10. Every employee is responsible for saving and maintaining data on a designated SBCSS network drive to ensure that the nightly backup and security procedures performed by the Technology Services Branch encompasses said data. Drives I and J are the designated SBCSS network drives for this purpose. The I drive is the employee’s individual/personal drive. The J drive is the designated shared drive. There may be additional drives for a department. Organizational data is not to be stored on any employee’s personal hard drive(s) or devices nor on the local drives of the organizationally supplied devices.

System and Network Activities

The following activities are strictly prohibited, with no exceptions:

1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by SBCSS.
2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution
   of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which SBCSS or the end user does not have an active license is strictly prohibited.
3. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. The appropriate management should be consulted prior to export of any material that is in question.
4. Introduction of malicious programs, packages or payloads into the network or server environment (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
5. Revealing any of your work-related passwords or allowing use of your work-related logons by others. This includes family, other household members when work is being done at home, as well as co-workers.
6. Using a SBCSS computing asset to actively engage in procuring or transmitting material or content
   that promotes, fosters, or perpetuates discrimination, a hostile workplace or harassment on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation;
7. Effecting security breaches or disruptions of network communication (whether intentional or not).
8. Providing information about, or lists of, SBCSS employees to parties outside SBCSS.
9. Inappropriately using or disclosing confidential information, including but not limited to student information and employee’s personal information, via the Electronic Network.
10. Exploiting access to any data base or computer system for personal gain or personal satisfaction.
11. Conducting any illegal or unlawful activity.

Electronic Document Retention and Archiving

Use of San Bernardino County Superintendent of Schools ("SBCSS") technology-based communication and information systems is for the purpose of carrying out official duties and responsibilities. In general, unless exempted by law or other applicable privilege, electronically generated or received documents or media may be considered public records. SBCSS employees or agents shall have no expectation of privacy in anything they send, receive, or store using SBCSS technology-based systems.

Subject to the list of exceptions, it shall be the policy of the SBCSS to retain electronically all emails received and sent by the SBCSS stored information for a period of at least three (3) years. Messages that have been stored for three (3) years are subject to deletion at any time at the SBCSS's discretion, unless provided in the exceptions below.

1. Definitions
   1. Electronic mail ( email) is defined as any message sent or received through SBCSS's email server(s) and network infrastructure. Such email may include, but is not limited to, correspondence, correspondence with attachments, schedules and calendars, and forms transmitted electronically.
   2. SBCSS-owned technology systems include personal computers and laptops assigned to or used by SBCSS employees and students, networked computers, or other handheld computing devices.
2. Exceptions to Three Year Retention Policy
   1. SP AM email - SP AM is unsolicited electronic mail, usually advertisements and other similar material. SP AM may be deleted permanently upon receipt.
   2. Personal email -Messages created by SBCSS employees on SBCSS computer systems that have no connection to SBCSS business or litigation may be deleted at any time by SBCSS. Personal messages left on SBCSS computer systems are subject to discovery.
   3. Discovery - Upon receipt of a notice of impending discovery or litigation, all messages relevant to the discovery request or litigation shall be retained indefinitely, or until advised by SBCSS's legal counsel that the messages are no longer subject to litigation. This includes all relevant personal messages stored on SBCSS computer systems.
   4. Matter subject to litigation - All SBCSS employees who become aware of any incident that may subject SBCSS to litigation shall inform their supervisor immediately. Any and all e-mails pertaining to that incident, including personal e-mails, shall be retained indefinitely, or until advised by SBCSS's legal counsel that the SBCSS is no longer subject to discovery or litigation.
   5. E-mail requiring longer retention - There may be categories of messages that, by law, require retention beyond one year. These e-mails shall be retained in accordance with applicable law (California Code of Regulations sections 59023 and 16203) by the Page 2 of2 recipient of the message(s) in consultation with SBCSS legal counsel. Department directors shall provide guidance to staff about e-mails that should be retained beyond one year. E-mail that continues to be useful for SBCSS administrative, personnel, or fiscal purposes may also be retained while, in SBCSS discretion, the e-mail remains useful.
3. Email Retention
   1. SBCSS maintains a server-based electronic mail system. While users have the ability to manually delete email messages, no electronic messages are deleted automatically unless the individual user employs an automated Mail Rule to do so (i.e., creating a "Spam" rule that automatically deletes Spam messages after a predetermined amount of time). Users may manually delete email that is outdated or unnecessary for their job performance, unless otherwise required by law or as otherwise set forth in this Policy.
   2. Users shall not delete any email that is considered a useful record for administrative, personnel or fiscal purposes, or when there is reason to believe the email is (or will be) subject to litigation or discovery order.
   3. In the case of email subject to litigation or a discovery order, email generated or received by SBCSS employees with potentially relevant information shall not be deleted by the user until advised by SBCSS legal counsel that it is no longer subject to discovery or litigation. SBCSS will also initiate an employee "litigation hold" system that will retain messages per the requirements of the records retention request. The Human Resources branch will be responsible for requesting the use of the "litigation hold." All requests for the use of the "litigation hold" feature will be sent to the director of Technical Services or the Chief Technology Officer. All "litigation hold" requests will come from the director of Risk Management, or the directors of Human Resources, or the Assistant Superintendent of Human Resources.
   4. Included with the server-based email system, the Technology Services department shall maintain an email archival system that will archive, for a period of three (3) years, all messages received and sent by all SBCSS users. The system will be able to search for, find, and export records as required by a discovery order.
   5. This email archival system will automatically delete all email records after 3 years, unless there is an established reason to retain records for a longer period of time, such as anticipated or pending litigation. 

Approved: September 1, 2020

Unacceptable Use

The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services).

Under no circumstances is an employee of SBCSS authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing SBCSS owned resources.

The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use.

1. Sending unsolicited e-mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (e-mail spam).
2. Any form of harassment via e-mail, telephone or paging, whether through language, frequency, or size of messages.
3. Unauthorized use, or forging, of e-mail header information.
4. Solicitation of e-mail for any other e-mail address, other than that of the poster’s account, with the intent to harass or to collect replies.
5. Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type.
6. Use of unsolicited e-mail originating from within SBCSS’s networks of other Internet/Intranet/Extranet service providers on behalf of, or to advertise, any service hosted by SBCSS or connected via SBCSS’s network.
7. Circumventing the SBCSS e-mail solution to send work related emails.
8. Posting the same or similar non-business-related messages to large numbers of users.

Confidential Information (Employee Must Also Sign the Employee or Teacher Intellectual Property and Confidentiality Agreement) Attachments A & B

1. Employees shall not, during or after the terms of his/her employment, disclose or cause to be disclosed to any third party any information designated as confidential without the prior written permission of SBCSS. Teachers will not enter into User Agreements that violate AB1584/Ed Code 49073.1 compliance relating to confidentiality of student records.
2. All information system components, designs, processes, programs, techniques, and product materials; produced by an employee during the term of his/her employment on behalf of SBCSS clients, shall be the sole property of the SBCSS unless the employee is a teacher and per the conditions defined in the Teacher Intellectual Property and Confidentiality Agreement (Attachment B).
3. On termination of employment, the Employee shall return all material created or maintained as an employee to SBCSS and as defined in Attachments A & B.

Social Media

SBCSS recognizes the importance of social media as an effective communication method to inform the public about issues impacting public education and services provided by SBCSS. SBCSS uses social media to more effectively communicate with students, parents/guardians, staff and community members, and supports the use of social media platforms to help shape conversations, build community collaborations, promote learning and professional development and create awareness. SBCSS is committed to supporting responsible use of the Internet and social media as a tool for sharing of information and resources, and building knowledge.

For the purpose of this policy, social media is defined as web-based or mobile forms of electronic communication through which users create online spaces for sharing information, ideas and content. All official SBCSS-related communication through social media platforms shall comply with established SBCSS Policies and Procedures for Social Media.

Official SBCSS social media platforms shall be used only for their stated purposes and in a manner consistent with this policy, and the mission and goals of SBCSS. In using social media, the Superintendent does not intend to create a limited public forum or otherwise guarantee an individual's right to free speech.

Authorization and Administration of Official SBCSS Social Media Platforms

The Superintendent or designee shall authorize the development of any official SBCSS social media platform and shall establish procedures and content guidelines for the administration and use of authorized SBCSS social media to ensure appropriate and responsible use in compliance with SBCSS policies and procedures, and all federal and state laws and regulations.

The Superintendent or designee shall ensure that the purpose of the official social media platforms is clearly communicated to users. Each site shall contain a statement that specifies the site's purposes along with a statement that users are expected to use the site only for those purposes, and are personally responsible for the content of their posts.

Privacy

The Superintendent or designee shall ensure that official SBCSS social media content and postings protect the privacy rights of students, parents/guardians, staff, board members, and other individuals.
SBCSS social media and networking sites and other online platforms shall not be used by employees to transmit confidential information about students, employees or SBCSS office operations.
The Superintendent or designees shall ensure that copyright laws are not violated in the use of material on official SBCSS social media platforms.

Appropriate Use of Social Media

All official SBCSS-related communication through social media platforms should always be conducted in accordance with SBCSS policies and procedures. Official SBCSS social media platforms may not contain content that is obscene, libelous or discriminatory. Staff or students who post prohibited content shall be subject to discipline in accordance with SBCSS policies and procedures.

Users of official SBCSS social media platforms should be aware of the public nature and accessibility of social media and that information posted may be considered a public record subject to disclosure under the Public Records Act and federal disclosure laws. Further, users and administrators of official SBCSS social media platforms must provide usernames and passwords to SBCSS officials, so that such social media platforms may be monitored and modified by SBCSS as appropriate. Users acknowledge that they do not have an expectation of privacy in any content posted on social media sites in their capacity as an SBCSS employee and employees agree to use best practices and common sense when posting on social media sites.

SBCSS recommends that SBCSS employees:

• Refrain from online interactions with students on social networking sites outside of a district approved official social media platform used only for classroom and/or professional purposes.
• Refrain from making social networking profiles and personal blogs linked to students’ online profiles.
• Use appropriate discretion when using social networks for personal communications and should limit this activity to off-duty hours and the use of their own electronic communication devices.
• Should use only SBCSS-provided forms of communication to interact with students and parents, including email and social media.
• Texting to a student should be a group text and/or include the parent of the student on the text message chain.

SBCSS social media site articles and comments containing any of the following forms of content shall not be permitted:

1. Impermissible comments in support of or opposition to political campaigns or ballot measures;
2. Profane language or content;
3. Content that promotes, fosters, or perpetuates discrimination or harassment on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation;
4. Sexual content or links to sexual content;
5. Solicitations of commerce;
6. Conduct or encouragement of illegal activity;
7. Information that may compromise the safety, confidentiality or security of District employees or students, the public or public systems; or
8. Content that violates a legal ownership interest of any other party.

These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available.

SBCSS reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law.

The Procedure for Social Media

The Superintendent or designee shall ensure that official social media platforms provide current and accurate information regarding SBCSS programs, activities and operations consistent with the organization’s mission and in compliance with SBCSS policies and procedures.

Due to the nature of social media platforms, these procedures do not attempt to name every current and/or emerging social media platform. For the purpose of this procedure, social media includes web-based or mobile forms of electronic communication through which users create online spaces for sharing information, ideas and content including, but not limited to Facebook, Twitter, YouTube, LinkedIn, MySpace and other social networking sites.

Authorization and Administration of Official SBCSS Social Media Platforms

The Superintendent or designee shall authorize the development of all official SBCSS social media platform. The SBCSS Communications Office will maintain a list of social media sites authorized by the Superintendent or designee for use by organizational departments and designated employee “Content Publishers” approved to post content.

Employee Content Publishers are expected to know and follow SBCSS social media policies and procedures, and are responsible for monitoring and maintaining official organizational presence on social media platforms to ensure:

1. Content is current and accurate, and refreshed on a weekly basis;
2. All postings and comments by users are monitored and responded to on a regular basis;
3. Content is consistent with the organization’s mission and goals, and meets guidelines for posting as defined in this policy; and
4. All inappropriate posts as defined in this policy may be evaluated for potential removal.

Content Guidelines

The most appropriate organizational use of social media includes:

1. Disseminating time-sensitive information as quickly as possible, such as school closure, or emergency information;
2. Broadcasting announcements about the organization’s programs, services and activities;
3. Delivering messages from the Superintendent on key issues impacting public education;
4. Raising awareness with youth, parents and families on programs, activities and resources in support of education; and
5. Creating communities for professional development and dialogue with educators and partners.

The role of the employee Content Publisher is to add value, and provide timely, worthwhile information and perspective. Content Publishers are responsible for the content they publish on social media sites. Content Publishers should be mindful that what is published may be archived and available for public search and scrutiny.

Employee Content Publishers will adhere to the following guidelines when posting on social media platforms:

1. When discussing the organization or SBCSS-related matters, employee Content Publishers will identify themselves by name and position with the office.
2. Content Publishers should provide knowledgeable information in the area of expertise and offer unique, meaningful perspectives.
3. When engaging in discussions that offer a variety of perspectives and differing opinions, postings shall remain appropriate and courteous.
4. Content Publishers are to speak respectfully about SBCSS and current or potential employees and partners. Postings are to be civil and not include postings that will reflect negatively on the organization’s reputation. Postings are to be respectful, uphold the rights of all individuals and not include: ethnic slurs, name-calling, personal insults, obscenity, or any conduct that would not be acceptable in the workplace. Any posting should show proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory.
5. Content does not violate copyright or intellectual property laws, and the employee Content Publisher has secured the expressed consent of all involved parties for the right to distribute or publish recordings, photos, images, video, text, slideshow presentations, artwork, or any other material(s) posted.
6. Content or postings do not include advertising for third party events or activities.
7. Content Publishers will respect the privacy rights of students, staff, parents/guardians, board members, and other individuals, including student information and employee phone numbers and home addresses as required by policy and state and federal laws.
8. The postings of photographs, video and other personally identifiable images and names of minor students require parent/guardian written consent.
9. Content Publishers should remember that they could be held individually legally liable for online postings. Employees can be disciplined by the organization for commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create a hostile work environment.
10. Postings should not include unsubstantiated claims, speculations or personal opinions.
11. If an error is made, the information should be corrected as soon as possible. Any changes to a previous post or information should be indicated.
12. Only those authorized by the Superintendent may use SBCSS brand marks or logos in social media site postings. The organizational logo, department logos, or program logos should not be used in personal blogs or postings.
13. Content Publishers should be aware of their association with SBCSS in online social networks. When identified as an employee, Content Publishers should ensure the profile and related content is consistent with organizational policies.
14. Content Publishers should be mindful of not blurring their professional and personal lives when administering SBCSS social networking sites.

The Superintendent or designee shall ensure that official social media platforms are regularly monitored. Authorized staff responsible for monitoring content may remove posts based on viewpoint-neutral considerations, such as lack of relation to the site’s purpose or violation of policies, procedures or social media content guidelines.

Each official SBCSS social media platform shall prominently display:

1. The purpose of the site along with a statement that users are expected to use the site only for those intended purposes.
2. Information on how to use the security settings of the social media platform.
3. A statement that the site is regularly monitored and that any inappropriate post may be removed. Inappropriate posts include those that:
   1. Are obscene, libelous, or so incite students as to create a clear and present danger of the commission of unlawful acts on school premises, violation of school rules, or substantial disruption of a school's orderly operation;
   2. Are not related to the stated purpose of the site, including, but not limited to, comments of a commercial nature, political activity, and comments that constitute discrimination or harassment.
4. Protocols for users, including expectations that users will communicate in a respectful, courteous and professional manner.
5. A statement that users are personally responsible for the content of their posts and that SBCSS is not responsible for the content of external online platforms.
6. A statement that the posting of copyrighted material requires permission from the copyright owner.
7. A disclaimer that due to the nature of social media, the views and comments expressed on the site are those of users and do not necessarily reflect the views of SBCSS.
8. A disclaimer that any user's reference to a specific commercial product or service does not imply endorsement or recommendation of that product or service by SBCSS.
9. The individual(s) to contact regarding violation of SBCSS guidelines on the use of official social media platforms.

Employee Professional Conduct on Social Media Platforms

Social media platforms allow employees to engage in conversations in widely accessible social media environments, which can be transmitted, recorded, archived or otherwise retained even after a user deletes the submission.

The following guidelines apply to all SBCSS social media Content Publishers, and all employees who are identified with SBCSS or use their SBCSS e-mail address on social media platforms. These guidelines apply to private and password protected social media platforms as well as to open social media platforms. To the extent an SBCSS employee is engaging in personal social media use, employees are expected to comply with the following guidelines for professional conduct.

1. SBCSS employee personal social media sites should remain personal in nature and to share personal opinions and not be used to share work related information. Following this principle helps ensure a distinction between sharing personal and organizational views. If necessary, use a disclaimer such as: "The postings on this site are my own and don't reflect or represent the opinions of the SBCSS or the department for which I work.” Employees must never use their organizational e-mail account or password in conjunction with a personal social networking site.
2. Executives and managers should take additional caution when posting to personal social networking sites. By virtue of their position, they must consider whether published personal content may be misunderstood as expressing an official organizational position.
3. Employees are encouraged to maintain language and behavior appropriate for the workplace in all personal social media interactions.
4. Employees shall maintain a professional relationship with all students, staff, parents/guardians, or community members via social media platforms and recognize that all interactions must meet the same high expectations held of professional and personal conduct.
5. Employees shall not post content that encourages illegal actions or inappropriate behavior including but not limited to the use of drugs or drug paraphernalia, membership in organized criminal organizations and display of pornographic or obscene images.
6. Employees are responsible for reviewing these guidelines, which may be changed to address additional concerns in the future.
7. Employees violating these guidelines may be subject to disciplinary action up to and including termination.

Any violation of these guidelines should be reported.

Third-Party Electronic Media Hosting

Employees may use cloud computing technologies such as Google Docs, Office 365, Blackboard, or similar electronic platforms for posting educational related information for the classroom. In doing so, employees understand and agree that information is being posted on a third party platform and thus confidential and privileged information should not be disclosed. Further, employees agree that student work should be posted in such a way so as not to compromise student confidential information, including but not limited to information protected under the Family Educational Rights and Privacy Act - FERPA.

Legal References

cf. 5145.2 - Freedom of Speech/Expression
cf. 5131 - Conduct
cf. 4040 - Employee Use of Technology
cf. 4119.21/4219.21/4319.21 - Professional Standards
cf. 4218 - Dismissal/Suspension/Disciplinary Action
cf. 1340 - Access to District Records
cf. 9012 - Board Member Electronic Communications
cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information
cf. 5022 - Student and Family Privacy Rights

EDUCATION CODE

48907 Exercise of free expression; rules and regulations

GOVERNMENT CODE

6250-6270 Public Records Act
6254.21 Publishing addresses and phone numbers of officials

UNITED STATES CODE, TITLE 17

101-1101 Federal copyright law

UNITED STATES CODE, TITLE 20

1232 Federal Family Educational Rights and Privacy Act

UNITED STATES CODE, TITLE 29

794 Section 503 of the Rehabilitation Act of 1973; accessibility to federal web sites

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy

00684-00005/3260621.1 

Attachment A - EMPLOYEE CONFIDENTIALITY AND INTELLECTUAL PROPERTY OWNERSHIP AGREEMENT (FOR EMPLOYEES WHO ARE NOT EMPLOYED AS TEACHERS)

Attachment B - ELECTRONIC NETWORK AND INTERNET USE POLICY TEACHER CONFIDENTIALITY AND INTELLECTUAL PROPERTY OWNERSHIP AGREEMENT

Approved: September 15, 1994
Revised: March 12, 2002
Revised: October 25, 2005
Revised: August 09, 2016