The Superintendent or designee shall ensure that appropriate computer software is used to safeguard any data stored on computers, including computers connected to networks. To further prevent the damage or theft of data, computers and related equipment, he/she shall maintain complete and accurate inventories, specify user responsibilities for damages, and provide appropriate supervision in areas where computers are used.
\n\nClassification of Records
\n\nBefore January 1, the Superintendent or designee shall review documents and papers originating during the prior school year and classify them as Class 1 (Permanent), Class 2 (Optional), or Class 3 (Disposable). Records of continuing nature (active and useful for administrative, legal, fiscal or other purposes over a period of years) shall not be classified until such usefulness has ceased. A student's cumulative record is a continuing record until the student ceases to be enrolled in the district. (5 CCR 16022)
\n\nClass 1 - Permanent Record (5 CCR 16023)
\n\nThe original of each of the following records, or one exact copy of it when the original is required by law to be filed with another agency, is a Class 1 (Permanent) Record and shall be retained indefinitely unless microfilmed in accordance with 5 CCR 16022:
\n\nAll detailed records relating to land, buildings, and equipment. In lieu of detailed records, a complete property ledger may be classified as Class 1 (Permanent). The detailed records may then be classified as Class 3 (Disposable) if the property ledger includes all fixed assets, an equipment inventory and, for each piece of property, the date of acquisition, name of previous owner, a legal description, the amount paid, and comparable data if the unit is disposed of.
\n\nClass 2 - Optional Records (5 CCR 16024)
\n\nAny record considered worth keeping, but which is not a Class 1 record, may be classified as Class 2 (Optional) and shall be retained until it is reclassified as Class 3 (Disposable). If by agreement of the Board and Superintendent or designee, classification of the prior year records has not been made before January 1, all records of the prior year may be classified Class 2 (Optional) until they are classified as required by 5 CCR 16022. Such classification must occur within one year.
\n\nClass 3 - Disposable Records (5 CCR 16025, 16026, 16027)
\n\nAll records not classified as Class 1 (Permanent) or as Class 2 (Optional) shall be classified as Class 3 (Disposable). These include but are not limited to: detailed records basic to audit, including those relating to attendance, average daily attendance, or business or financial transactions; detailed records used in preparing another report; teachers' registers if all information required by 5 CCR 432 is retained in other records or if the General Records pages are removed from the register and classified as Class 1 (Permanent); and periodic reports, including daily, weekly and monthly reports, bulletins and instructions.
\n\nClass 3 (Disposable) records shall be destroyed during the third school year after the later of the following:
\n\nThe Board of Education authorizes the use of consultants to provide expert professional advice or specialized technical or training services which are not needed on a continuing basis and which cannot be provided by district staff because of limitations of time, experience or knowledge. Individuals, firms or organizations employed as consultants may assist management with decisions and/or project development related to financial, economic, accounting, engineering, legal, administrative, instructional or other matters.
\n\nAs part of the contract process, the Superintendent or designee shall determine, in accordance with Internal Revenue Service guidelines, that the consultant is properly classified as an independent contractor. District employees who perform extra-duty consultant services shall not be retained as independent contractors. They shall be considered employees for all purposes, even if the additional services are not related to their regular duties.
\n\nAll consultant contracts shall be brought to the Board for approval.
\n\nThe district shall not contract for consulting services that can be performed without charge by a public agency or official unless these services are unavailable from the public source for reasons beyond the district's control.
\n\nAll qualified firms or resource persons shall be accorded equal opportunity for consultant contracts regardless of race, creed, color, gender, national or ethnic origin, age or disability.
\n\nIndependent contractors applying for a consultant contract shall submit a written conflict of interest statement disclosing financial interests as determined necessary by the Superintendent or designee, depending on the range of duties to be performed by the consultant. The Superintendent or designee shall consider this statement when deciding whether to recommend the consultant's employment.
\n\nWhen employees of a public university, county office of education or other public agency serve as consultant or resource persons for the district, they shall certify as part of the consultant agreement that they will not receive salary or remuneration other than vacation pay from any other public agency for the specific days when they work for this district.
\n\n\n", "contentText": "The Superintendent or designee shall ensure that appropriate computer software is used to safeguard any data stored on computers, including computers connected to networks. To further prevent the damage or theft of data, computers and related equipment, he/she shall maintain complete and accurate inventories, specify user responsibilities for damages, and provide appropriate supervision in areas where computers are used.\n\nClassification of Records\n\nBefore January 1, the Superintendent or designee shall review documents and papers originating during the prior school year and classify them as Class 1 (Permanent), Class 2 (Optional), or Class 3 (Disposable). Records of continuing nature (active and useful for administrative, legal, fiscal or other purposes over a period of years) shall not be classified until such usefulness has ceased. A student's cumulative record is a continuing record until the student ceases to be enrolled in the district. (5 CCR 16022)\n\nClass 1 - Permanent Record (5 CCR 16023)\n\nThe original of each of the following records, or one exact copy of it when the original is required by law to be filed with another agency, is a Class 1 (Permanent) Record and shall be retained indefinitely unless microfilmed in accordance with 5 CCR 16022:\n\n- Annual Reports\n\n- Official budget\n\n- Financial reports of all funds, including cafeteria and student body funds\n\n- Audit of all funds\n\n- Average daily attendance, including Period 1 and Period 2 reports\n\n- Other major annual reports, including:\n\n- Those containing information relating to property, activities, financial condition or transactions\n\n- Those declared by Board of Education minutes to be permanent\n\n- Official Actions\n\n- Minutes of the Board or Board committees, including the text of rules, regulations, policies or resolutions included by reference only\n\n- The call for and the result of any elections called, conducted or canvassed by the Board\n\n- Records transmitted by another agency pertaining to its action with respect to district reorganization\n\n- Personnel Records\n\n- Employees\n\n\t\tAll detailed records relating to employment, assignment, amounts and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings made and the person or agency to whom such amounts were paid. In lieu of the detailed records, a complete proven summary payroll record for each employee containing the same data may be classified as Class 1 (Permanent), and the detailed records may then be classified as Class 3 (Disposable).\n\n\t\tInformation of a derogatory nature as defined in Education Code 44031 shall be Class 1 (Permanent) only when the time for filing a grievance has passed or the document has been sustained by the grievance process.\n\n- Students\n\n\t\tThe records of enrollment and scholarship for each student required by 5 CCR 432, and all records pertaining to any accident or injury involving a minor for which a claim for damages had been filed as required by law. This includes any related policy of liability insurance except that these records cease to be Class 1 (Permanent) one year after the claim has been settled or the statute of limitations has run.\n\n- Property Records\n\nAll detailed records relating to land, buildings, and equipment. In lieu of detailed records, a complete property ledger may be classified as Class 1 (Permanent). The detailed records may then be classified as Class 3 (Disposable) if the property ledger includes all fixed assets, an equipment inventory and, for each piece of property, the date of acquisition, name of previous owner, a legal description, the amount paid, and comparable data if the unit is disposed of.\n\nClass 2 - Optional Records (5 CCR 16024)\n\nAny record considered worth keeping, but which is not a Class 1 record, may be classified as Class 2 (Optional) and shall be retained until it is reclassified as Class 3 (Disposable). If by agreement of the Board and Superintendent or designee, classification of the prior year records has not been made before January 1, all records of the prior year may be classified Class 2 (Optional) until they are classified as required by 5 CCR 16022. Such classification must occur within one year.\n\nClass 3 - Disposable Records (5 CCR 16025, 16026, 16027)\n\nAll records not classified as Class 1 (Permanent) or as Class 2 (Optional) shall be classified as Class 3 (Disposable). These include but are not limited to: detailed records basic to audit, including those relating to attendance, average daily attendance, or business or financial transactions; detailed records used in preparing another report; teachers' registers if all information required by 5 CCR 432 is retained in other records or if the General Records pages are removed from the register and classified as Class 1 (Permanent); and periodic reports, including daily, weekly and monthly reports, bulletins and instructions.\n\nClass 3 (Disposable) records shall be destroyed during the third school year after the later of the following:\n\n- The completion of any legally required audit\n\n- The retention period required by any agency other than the State of California\n\n- The school year in which the records originated\n\nThe Board of Education authorizes the use of consultants to provide expert professional advice or specialized technical or training services which are not needed on a continuing basis and which cannot be provided by district staff because of limitations of time, experience or knowledge. Individuals, firms or organizations employed as consultants may assist management with decisions and/or project development related to financial, economic, accounting, engineering, legal, administrative, instructional or other matters.\n\nAs part of the contract process, the Superintendent or designee shall determine, in accordance with Internal Revenue Service guidelines, that the consultant is properly classified as an independent contractor. District employees who perform extra-duty consultant services shall not be retained as independent contractors. They shall be considered employees for all purposes, even if the additional services are not related to their regular duties.\n\nAll consultant contracts shall be brought to the Board for approval.\n\nThe district shall not contract for consulting services that can be performed without charge by a public agency or official unless these services are unavailable from the public source for reasons beyond the district's control.\n\nAll qualified firms or resource persons shall be accorded equal opportunity for consultant contracts regardless of race, creed, color, gender, national or ethnic origin, age or disability.\n\nIndependent contractors applying for a consultant contract shall submit a written conflict of interest statement disclosing financial interests as determined necessary by the Superintendent or designee, depending on the range of duties to be performed by the consultant. The Superintendent or designee shall consider this statement when deciding whether to recommend the consultant's employment.\n\nWhen employees of a public university, county office of education or other public agency serve as consultant or resource persons for the district, they shall certify as part of the consultant agreement that they will not receive salary or remuneration other than vacation pay from any other public agency for the specific days when they work for this district.", "footnotes": [ { "type": "State", "references": [ { "code": "5 CCR 16020-16022", "description": "Records; general provisions", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I44508F104C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I4452D9034C6911EC93A8000D3A7C4BC3" }, { "code": "5 CCR 16023-16027", "description": "District records; retention and destruction", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I445B3D704C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I446109D44C6911EC93A8000D3A7C4BC3" }, { "code": "5 CCR 430-438", "description": "Individual student records", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I2AF4DC104C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I2AFA33434C6911EC93A8000D3A7C4BC3" }, { "code": "Civ. Code 1798.29", "description": "District records; breach of security", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1798.29.&lawCode=CIV" }, { "code": "Code of Civil Procedure 1985.8", "description": "Electronic Discovery Act", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1985.8.&lawCode=CCP" }, { "code": "Code of Civil Procedure 2031.010-2031.060", "description": "Civil Discovery Act; scope of discovery demand", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2031.010.&lawCode=CCP" }, { "code": "Code of Civil Procedure 2031.210-2031.320", "description": "Civil Discovery Act; response to inspection demand", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2031.210.&lawCode=CCP" }, { "code": "Ed. Code 35145", "description": "Public meetings", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35145." }, { "code": "Ed. Code 35163", "description": "Official actions, minutes and journal", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35163." }, { "code": "Ed. Code 35252-35255", "description": "Records and reports", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=3.&title=2.&part=21.&chapter=2.&article=8." }, { "code": "Ed. Code 35266", "description": "Cybersecurity", "url": "" }, { "code": "Ed. Code 44031", "description": "Personnel file contents and inspection", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44031." }, { "code": "Ed. Code 49065", "description": "Reasonable charge for transcripts", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49065." }, { "code": "Ed. Code 49069.7", "description": "Absolute right to access", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49069.7." }, { "code": "Gov. Code 11549.3", "description": "Office of Information Security", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=11549.3." }, { "code": "Gov. Code 12946", "description": "Fair Employment and Housing Act: discrimination prohibited", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=12946." }, { "code": "Gov. Code 6205-6210", "description": "Confidentiality of addresses for victims of domestic violence, sexual assault, stalking, human trafficking, child abduction, and elder or dependent adult abuse", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.1.&article=" }, { "code": "Gov. Code 6215-6216", "description": "Address confidentiality; reproductive health care providers, employees, volunteers, patients, and other individuals who face threats or violence", "url": "" }, { "code": "Gov. Code 7920.000-7930.215", "description": "California Public Records Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=10.&title=1.&part=&chapter=&article=" }, { "code": "Gov. Code 8586.5", "description": "Office of Emergency Services; California Cybersecurity Information Center", "url": "" }, { "code": "Pen. Code 11170", "description": "Retention of child abuse reports", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11170." } ] }, { "type": "Federal", "references": [ { "code": "20 USC 1232g", "description": "Family Educational Rights and Privacy Act (FERPA) of 1974", "url": "https://uscode.house.gov/view.xhtml?req=(title:20%20section:1232g%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section1232g)&f=treesort&edition=prelim&num=0&jumpTo=true" }, { "code": "34 CFR 99.1-99.8", "description": "Family Educational Rights and Privacy Act", "url": "https://www.ecfr.gov/current/title-34/subtitle-A/part-99/subpart-A" } ] }, { "type": "Management Resources", "references": [ { "code": "California Secretary of State Publication", "description": "Records Management Handbook ", "url": "https://www.sos.ca.gov/archives/records-management-and-appraisal/records-management-handbook" }, { "code": "State Ed. Tech. Directors Assoc. Pub.", "description": "Small Districts, Big Hurdles: Cybersecurity Support for Small, Rural, and Under-resourced School Districts, October 2023", "url": "https://oercommons.org/courses/small-districts-big-hurdles" }, { "code": "Website", "description": "Safe at Home; Schools", "url": "https://www.sos.ca.gov/registries/safe-home/schools#:~:text=Back%20to%20Top-,Verifying%20Enrollment,(916)%20653%2D1769" }, { "code": "Website", "description": "Federal Communications Commission, Schools and Libraries Cybersecurity Pilot Program", "url": "https://www.fcc.gov/cybersecurity-pilot-program" }, { "code": "Website", "description": "Cybersecurity and Infrastructure Security Agency, Government Coordinating Councils", "url": "https://www.cisa.gov/resources-tools/groups/government-coordinating-councils" }, { "code": "Website", "description": "California Office of Emergency Services ", "url": "https://www.caloes.ca.gov/" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "California Secretary of State", "url": "http://www.sos.ca.gov/safeathome" } ] } ], "crossRefs": [ { "code": "0440", "title": "District Technology Plan", "type": "AR" }, { "code": "0440", "title": "District Technology Plan", "type": "AR" }, { "code": "1100", "title": "Communication With The Public", "type": "AR" }, { "code": "1112", "title": "Media Relations", "type": "AR" }, { "code": "1113", "title": "District And School Websites", "type": "AR" }, { "code": "1113", "title": "District And School Websites", "type": "AR" }, { "code": "1312.3", "title": "Uniform Complaint Procedures", "type": "AR" }, { "code": "1312.3", "title": "Uniform Complaint Procedures", "type": "AR" }, { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "2121", "title": "Superintendent's Contract", "type": 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{ "code": "5125.1", "title": "Release Of Directory Information", "type": "AR" }, { "code": "5125.1", "title": "Release Of Directory Information", "type": "AR" }, { "code": "5141", "title": "Health Care And Emergencies", "type": "AR" }, { "code": "5141", "title": "Health Care And Emergencies", "type": "AR" }, { "code": "5143", "title": "Insurance", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.6", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "5145.6-E PDF(1)", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "5145.7", "title": "Sexual Harassment", "type": "AR" }, { "code": "5145.7", "title": "Sexual Harassment", "type": "AR" }, { "code": "5148.2", "title": "Before/After School Programs", "type": "AR" }, { "code": "5148.2", "title": "Before/After School Programs", "type": "AR" }, { "code": "5148.3", "title": 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