4040
BP
Board Policy
Employee Use Of Technology
The Governing Board recognizes that technological resources enhance employee performance by offering effective tools to assist in providing a quality instructional program; facilitating communications with parents/guardians, students, and the community; supporting district and school operations; improving access to and exchange of information; enriching curriculum; and enhancing student learning.
District technology includes, but is not limited to, computer hardware, software, or software as a service provided or paid for by the district, whether accessed on or off-site or through district-owned or personally owned equipment or devices, including tablets and laptops; computer servers, wireless access points (routers), and wireless computer networking technology (wi-fi); the Internet; email; applications (apps), including artificial intelligence (AI) apps; telephones, cellular or mobile telephones, smartphones, smart devices, and wearable technology; or any wireless communication device, including radios. Employees shall review the prohibited and permitted uses of technology as specified in Board Policy 5131.9 - Academic Honesty, be responsible for the appropriate use of technology, and use district technology primarily for purposes related to their employment consistent with board policies and administrative regulations.
An employee may use technology, including AI apps, to assist the employee in the performance of the employee's professional duties, including, but not limited to, the following specific tasks: developing syllabi, reviewing student work, suggesting instructional strategies, and researching academic content or instructional techniques. Any employee using technology, including AI, shall review and be responsible for any final product or document; not share confidential student records with a third party, such as an AI app, except as permitted by law; and use the technology in accordance with Board Policy 6162.6 - Use of Copyrighted Materials, and in a manner otherwise consistent with law, board policies, and administrative regulations. If an employee is unsure about the appropriate use of technology, the employee shall confer with the Superintendent or designee before using.
As determined by the Superintendent or designee, employees shall receive professional development in the appropriate use of these resources, including in the use of AI apps.
The Superintendent or designee shall establish an Acceptable Use Agreement which outlines employee obligations and responsibilities related to the use of district technology, including the use of AI apps. Upon employment and whenever significant changes are made to the district's Acceptable Use Agreement, employees shall be required to acknowledge in writing that they have read and agreed to the Acceptable Use Agreement.
Employees shall not use district technology to access, post, submit, publish, display, or otherwise engage with harmful or inappropriate matter that is threatening, obscene, disruptive, sexually explicit, or unethical or that promotes any activity prohibited by law, board policy, or administrative regulations.
Harmful matter includes matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest and is matter which depicts or describes, in a patently offensive way, sexual conduct and which lacks serious literary, artistic, political, or scientific value for minors. (Penal Code 313)
The Superintendent or designee shall ensure that all district computers with Internet access have a technology protection measure that protects against access to visual depictions that are obscene, child pornography, or harmful to minors and that the operation of such measures is enforced. The Superintendent or designee may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purpose. (20 USC 7131; 47 USC 254)
The Superintendent or designee shall regularly review current guidance regarding cybersecurity, data privacy, and digital media awareness and incorporate recommended practices into the district's processes and procedures related to the protection of the district's network infrastructure, the monitoring and response to cyberattacks, ensuring data privacy, and managing suspicious and/or threatening digital media content, in accordance with Board Policy 3580 - District Records.
The Superintendent or designee shall annually notify employees in writing that they have no reasonable expectation of privacy in the use of any district technology, as defined above, even when using their personal devices. To ensure proper use, the Superintendent or designee may monitor employee usage of district technology at any time without advance notice or consent and for any reason allowed by law.
In addition, employees shall be notified that records, including communications, maintained on any personal accounts or devices used to conduct district business are subject to disclosure at the district's request, and pursuant to a subpoena or other lawful request.
Employees shall report any security problem or misuse of district technology to the Superintendent or designee.
Inappropriate use of district technology may result in a cancellation of the employee's user privileges, disciplinary action, and/or legal action in accordance with law, board policy, and administrative regulation.
Employees may access their mobile or other communications device if there is a need to seek emergency assistance, assess the safety of a situation, or communicate with a person to confirm the person's safety. (Labor Code 1139)
Legal & Management References
State
Gov. Code 11549.3 - Cybersecurity
Gov. Code 3543.1 - Rights of employee organizations
Gov. Code 7920.000-7930.170 - California Public Records Act
Lab. Code 1139 - Emergency assistance
Pen. Code 502 - Computer crimes; remedies
Pen. Code 632 - Eavesdropping on or recording confidential communications
Veh. Code 23123 - Wireless telephones in vehicles
Veh. Code 23123.5 - Mobile communication devices; text messaging while driving
Veh. Code 23125 - Wireless telephones in school buses
Federal
20 USC 7101-7122 - Student Support and Academic Enrichment Grants
20 USC 7131 - Internet Safety
47 CFR 54.520 - Internet safety policy and technology protection measures; E-rate discounts
Management Resources
California Department of Education Publication - Artificial Intelligence: Learning With AI Learning About AI
Court Decision - City of San Jose v. Superior Court (2017) 2 Cal.5th 608
Court Decision - City of Ontario v. Quon et al. (2010) 000 U.S. 08-1332
Publication - Guidelines for AI integration throughout education in the commonwealth of Virginia
U.S. Department of Education Publication - 2024 National Education Technology Plan
USDOE Office of Educational Technology Publication - Artificial Intelligence and the Future of Teaching and Learning: Insights and Recommendations, May 2023
Website - California Governor’s Office of Emergency Services
Website - CSBA District and County Office of Education Legal Services
Website - Federal Communications Commission
Website - American Library Association
Website - California Department of Education
Website - CSBA
Website - U.S. Department of Education
Cross References
0440 AR District Technology Plan
1100 BP Communication With The Public
1113 AR District And School Websites
1114 AR District-Sponsored Social Media
1114-E PDF(1) AR District-Sponsored Social Media
1340 AR Access To District Records
2121 BP Superintendent's Contract
3512 AR Equipment
3516.2 AR Bomb Threats
3580 AR District Records
4032 AR Reasonable Accommodation
4119.1 BP Civil And Legal Rights
4119.11 AR Sexual Harassment
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4119.25 AR Political Activities Of Employees
4131 AR Staff Development
4136 BP Nonschool Employment
4219.1 BP Civil And Legal Rights
4219.11 AR Sexual Harassment
4219.21 BP Professional Standards
4219.25 BP Political Activities Of Employees
4231 BP Staff Development
4236 BP Nonschool Employment
4319.1 BP Civil And Legal Rights
4319.11 AR Sexual Harassment
4319.21 BP Professional Standards
4331 BP Staff Development
4336 BP Nonschool Employment
5125 AR Student Records
5125.1 AR Release Of Directory Information
5131.9 BP Academic Honesty
5145.3 AR Nondiscrimination/Harassment
6116 AR Classroom Interruptions
6162.6 AR Use Of Copyrighted Materials
6163.4 AR Student Use Of Technology
6163.4-E PDF(1) AR Student Use Of Technology