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District Policies

Viewing Policy: BP 3580 County Office Records



 

County Office Records

 

The San Benito County Board of Education (County Board) recognizes the importance of securing and retaining district documents.  The County Superintendent of Schools (County Superintendent) or designee shall ensure that San Benito County Office of Education (SBCOE) records are developed, maintained, and disposed of in accordance with law, Board policy, and administrative regulation.

 

The Superintendent or designee shall consult with SBCOE legal counsel, site administrators, SBCOE information technology staff, SBCOE personnel department staff, and others as necessary to develop a secure document management system that provides for the storage, retrieval, archiving, and destruction of county office documents, including electronically stored information such as email.  This document management system shall be designed to comply with state and federal laws regarding security of records, record retention and destruction, response to “litigation hold” discovery requests, and the recovery of records in the event of a disaster or emergency.

 

The Superintendent or designee shall ensure the confidentiality of records as required by law and shall establish regulations to safeguard data against damage, loss, or theft.

 

The Superintendent or designee shall ensure that SBCOE employees receive information about the SBCOE’s document management system, including retention and confidentiality requirements and an employee’s obligations in the event of a litigation hold established on the advice of legal counsel.

 

If the SBCOE discovers or is notified that a breach of security of county office records containing unencrypted personal information has occurred, the

 

Superintendent or designee shall notify every individual whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Personal information includes, but is not limited to, a social security number, driver’s license or identification card number, medical information, health insurance information, or an account number in combination with an access code or password that would permit access to a financial account. (Civil Code 1798.29)

 

The Superintendent or designee shall provide the notice in a timely manner either in writing or electronically, unless otherwise provided in law. The notice shall include the material specified in Civil Code 1798.29, be formatted as required, and be distributed in a timely manner, consistent with the legitimate needs of law enforcement to conduct an uncompromised investigation or any measures necessary to determine the scope of the breach and restore reasonable integrity of the data system. (Civil Code 1798.29)

 

 

 

 

 

Safe at Home Program

 

SBCOE public records shall not include the actual addresses of students, parents/guardians, or employees when a substitute address is designated by the Secretary of State pursuant to the Safe at Home program.  (Government Code 6206, 6207)

 

When a substitute address card is provided pursuant to this program, the confidential, actual address may be used only to establish county office residency requirements for enrollment and for school emergency purposes.

 

Legal Reference:

EDUCATION CODE

35145  Public meetings

35163  Official actions, minutes and journal

35250-35255  Records and reports

44031  Personnel file contents and inspection

49065  Reasonable charge for transcripts

49069  Absolute right to access

CIVIL CODE

1798.29 Breach of security involving personal information

CODE OF CIVIL PROCEDURE

1985.8  Electronic Discovery Act

2031.010-2031.060  Civil Discovery Act, scope of discovery demand

2031.210-2031.320  Civil Discovery Act, response to inspection demand

GOVERNMENT CODE

6205-6210  Confidentiality of addresses for victims of domestic violence, sexual assault or stalking

6252-6265  Inspection of public records

12946  Retention of employment applications and records for two years

PENAL CODE

11170  Retention of child abuse reports

CODE OF REGULATIONS, TITLE 5

430  Individual student records; definition

432  Varieties of student records

16020-16022  Records, general provisions

16023-16027  Retention of records

UNITED STATES CODE, TITLE 20

1232g  Family Educational Rights and Privacy Act

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.8  Family Educational Rights and Privacy Act

 

Management Resources:

WEB SITES

California Secretary of State:  http://www.sos.ca.gov/safeathome

 

 

 

Policy Adopted: 11-8-18