4040 BP - Employee Use of Technology

All Personnel 
Board Policy No. 4040
Policy approved: January 30, 2025

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, creating curriculum, 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; 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. 

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) 

Policy Reference Disclaimer: 
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy. 


State References, Description 
Gov. Code 11549.3 Cybersecurity 
Gov. Code 3543.1 Rights of employee organizations 
Gov. Code 7920.000-7930.170 California Public Records Act 
Labor 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 References Description 
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 References, Description 
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
U.S. Department of Education Publication 2024 National Education Technology Plan 
USDOE Office of Educational Technology Publication, Guidelines for AI integration throughout education in the commonwealth of Virginia 
USDOE Office of Educational Technology Publication, Artificial Intelligence and the Future of Teaching and Learning: Insights and Recommendations, May 2023 

Management Resources References, Description 
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, Description 
0410 Nondiscrimination In District Programs And Activities
0440 District Technology Plan 
0440 District Technology Plan 
1100 Communication With The Public 
1113 District And School Websites 
1113 District And School Websites 
1113-E(1) District And School Websites 
1114 District-Sponsored Social Media 
1114 District-Sponsored Social Media 
1340 Access To District Records 
1340 Access To District Records 
2121 Superintendent's Contract 
3512 Equipment 
3512-E(1) Equipment 
3516.2 Bomb Threats 
3580 District Records 
3580 District Records 
4032 Reasonable Accommodation 
4113.5 Working Remotely 
4118 Dismissal/Suspension/Disciplinary Action
4118 Dismissal/Suspension/Disciplinary Action
4119.1 Civil And Legal Rights 
4119.11 Sex Discrimination and Sex-Based Harassment
4119.11 Sex Discrimination and Sex-Based Harassment
4119.21 Professional Standards 
4119.21-E(1) Professional Standards 
4119.23 Unauthorized Release Of Confidential/Privileged Information
4119.25 Political Activities Of Employees 
4119.25 Political Activities Of Employees 
4131 Staff Development 
4132 Publication Or Creation Of Materials 

Cross References, Description 
4136 Nonschool Employment 
4213.5 Working Remotely 
4218 Dismissal/Suspension/Disciplinary Action
4218 Dismissal/Suspension/Disciplinary Action
4219.1 Civil And Legal Rights 
4219.11 Sex Discrimination and Sex-Based Harassment
4219.11 Sex Discrimination and Sex-Based Harassment
4219.21 Professional Standards 
4219.21-E(1) Professional Standards 
4219.23 Unauthorized Release Of Confidential/Privileged Information
4219.25 Political Activities Of Employees 
4219.25 Political Activities Of Employees 
4231 Staff Development 
4232 Publication Or Creation Of Materials 
4236 Nonschool Employment 
4313.5 Working Remotely 
4319.1 Civil And Legal Rights 
4319.11 Sex Discrimination and Sex-Based Harassment
4319.11 Sex Discrimination and Sex-Based Harassment
4319.21 Professional Standards 
4319.21-E(1) Professional Standards 
4319.23 Unauthorized Release Of Confidential/Privileged Information
4319.25 Political Activities Of Employees 
4319.25 Political Activities Of Employees 
4331 Staff Development 
4332 Publication Or Creation Of Materials 
4336 Nonschool Employment 
5125 Student Records 
5125 Student Records 
5125.1 Release Of Directory Information 
5125.1 Release Of Directory Information 
5125.1-E(1) Release Of Directory Information 
5131.9 Academic Honesty 
6116 Classroom Interruptions 
6162.6 Use Of Copyrighted Materials 
6162.6 Use Of Copyrighted Materials 
6163.4 Student Use Of Technology 
6163.4-E(1) Student Use Of Technology 


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