Attendance Compliance

Acceptance and Use of Electronic Signatures and Digital Signatures

1. Purpose

This policy establishes the procedures and requirements for the use of electronic and digital signatures at Highlands Community Charter School (hereafter "School"), primarily through the Highlands Brain app, to improve efficiency while maintaining compliance with applicable laws and regulations.

2. Legal Basis

This policy is based on the California Uniform Electronic Transactions Act (UETA) (Cal. Civ. Code §1633.1-1633.17) and Government Code § 16.5.

3. Definitions

a) Electronic signature: An electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. (Cal. Civ. Code §1633.2(h))

b) Digital signature: An electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. It is a type of electronic signature with specific security requirements. (Cal. Gov. Code § 16.5)

4. Use of Electronic Signatures in the Highlands Brain App

Policy: The School authorizes the use of electronic signatures captured through the Highlands Brain app for student and staff transactions and records.

Procedure: a) Students and staff will use the Highlands Brain app to provide electronic signatures for attendance, consent forms, and other school-related documents as appropriate. b) The Highlands Brain app must meet all security and verification requirements for electronic signatures as outlined in this policy. c) Training on the use of electronic signatures in the Highlands Brain app will be provided to all students and staff.

5. Requirements for Digital Signatures

Policy: Digital signatures used by the School, including those captured through the Highlands Brain app, must meet the following requirements as per Cal. Gov. Code § 16.5:

a) The digital signature must be unique to the person using it. b) It must be capable of verification. c) It must be under the sole control of the person using it. d) It must be linked to the data in such a way that if the data is changed, the digital signature is invalidated.

6. Retention of Electronically Signed Documents

Policy: Electronically signed documents, including those processed through the Highlands Brain app, must be retained in a secure manner that prevents unauthorized changes.

Procedure: a) The School's Information Technology Department will ensure that the Highlands Brain app and any other electronic signature systems used by the School have secure retention processes for electronically signed documents. b) Retention periods will comply with the School's Records Retention Policy and applicable laws and regulations.

7. Changes or Errors in Electronically Signed Documents

Policy: Any changes or corrections to fully executed electronic documents must comply with Cal. Civ. Code § 1633.10 or be addressed through a formal amendment process.

8. Exemptions

Policy: Certain documents may not be executed using electronic or digital signatures, even within the Highlands Brain app.

Procedure: a) The School will maintain a list of document types exempt from electronic signature use, in compliance with Cal. Civ. Code § 1633.3 and other applicable laws. b) This list will be reviewed and updated annually by the School's legal counsel.

9. Training and Compliance

Policy: The School will provide training on the proper use of electronic and digital signatures, with a focus on the Highlands Brain app.

Procedure: a) Initial training on using electronic signatures in the Highlands Brain app will be provided to all students and staff upon enrollment or hiring. b) Annual refresher training will be provided to all students and staff. c) Compliance with this policy will be monitored by the School's administration.

10. Use of Electronic Signatures for External Contracts

Policy: For contracts or agreements with external parties, the School may use electronic signatures subject to mutual agreement.

Procedure: a) The electronic signature system for external contracts must be approved by the School's Information Technology Department. b) Both parties must agree to the use of electronic signatures for the specific transaction or contract. c) The agreement must include a term memorializing the use of electronic signatures.

This revised policy now reflects the primary use of the Highlands Brain app for capturing student and staff signatures while maintaining provisions for other electronic signature needs the School may have.

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