ELECTRONIC SIGNATURES
Section F: Students
Policy FDAAA: Electronic Signatures
Electronic Signatures
The Board recognizes the effective and efficient use of electronic communications to conduct business. Under certain conditions electronic signatures satisfy the requirements of a written signature when transacting business. Although all electronic signatures are represented digitally, they can take many forms and can be created using many different types of technology. The authenticity and reliability of electronic signatures relating to transactions are dependent on the accompanying processes, supplemental records and the overall context in which records are created, transferred, signed, and stored.
Definitions
Attribution - an electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic signature was attributable.
Electronic Signature - an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Electronic Record - any record created, generated, sent, communicated, received or stored by electronic means.
An electronic signature may be used if the law requires a signature unless there is a specific law, regulation, or order that requires records to be signed in nonelectronic form. The issuance and/or acceptance of an electronic signature by the District shall be permitted in accordance with the provisions of this policy and all applicable state and federal laws. Such electronic signature shall have the full force and effect of the manual signature only if the electronic signature satisfies all of the following requirements:
- The electronic signature identifies the individual signing the document by his/her name and title;
- The identity of the individual signing with an electronic signature is capable of being validated through the use of an audit trail;
- The electronic signature and the document to which it is affixed cannot be altered once the electronic signature has been affixed; and
- The electronic signature conforms to all other provisions of this policy.
Acceptance, Use and Issuance of Electronic Records and Signatures
The District may utilize electronic recordkeeping systems that can receive, store, and reproduce electronic records and signatures relating to transactions in their original form. Such system shall include security procedures whereby the District can:
- Verify the attribution of a signature to a specific individual;
- Detect changes or errors in the information contained in a record submitted electronically;
- Protect and prevent access, alteration, manipulation or use by an unauthorized person; and
- Provide for nonreproduction through strong and substantial evidence that will make it difficult for the signer to claim that the electronic representation is not valid.
The District shall ensure that all electronic signatures are capable of being accurately reproduced for later reference and retained until such time as all legally mandated retention requirements are satisfied.
The District may elect to receive and accept as original, electronic records and signatures so long as the communication, on this face, appears to be authentic, and conforms to all other provisions of this policy.
The District will retain in its records this policy and all statements of exclusive use, until such time as all legally mandated retention requirements are satisfied.
The District will not accept electronic signatures on student records including, but not limited to, absence excuses from parents/guardians, educational trip requests, and certain documents related to the Individuals with Disabilities Education Act.
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