Electronic Signature and Filing POLICY NO: 320

The Idaho Legislature wishes to promote effective on-line government by encouraging local agencies, including school districts, to conduct business using electronic media. In accord with the legislature’s wishes, this district adopts the following policy.

DEFINITIONS

"Communication" means any written filing, registration, recording, certificate, notice, order, pleading, document or other written communication.

"Electronic signature" means any computer or electronically generated identifier that is intended by the person using it to have the same force and effect as a manual signature.

"Public agency" means any state or local public entity, including the legislative or judicial branch, except the military division.

ELECTRONIC SIGNATURES

The issuance of an electronic signature by this district to a public agency and the acceptance of an electronic signature from a public agency are permitted. An electronic signature will have the full force and effect of a manual signature only if the electronic signature satisfies the following requirements:

1. It is unique to the person using it;
2. It is capable of verification; and
3. It conforms to all other provisions of this policy.

ELECTRONIC COMMUNICATIONS

Any electronic communication filed with or issued by the district will be given the full force and effect of a paper communication if the following conditions are met:

1. If the communication is an electronic filing or recording, this district agrees to accept or send such communication electronically.
2. If a signature is required on the communication by any statute, rule or regulation, or other applicable law, the electronic signature on the communication conforms to the requirements of the "Idaho Electronic Signature and Filing Act," reiterated in this policy.
3. The electronic communication conforms to all other provisions of this policy.

RULES FOR ACCEPTING, USING AND ISSUING ELECTRONIC SIGNATURES AND COMMUNICATIONS

In accord with Idaho Code 67-2356, this district adopts the following rules for accepting, using and issuing electronic signatures and communications:

1. The superintendent or designee is authorized to issue an electronic signature in his or her name.
2. The superintendent or designee is authorized to issue electronic communications.
3. This district will receive, and accept as original, electronic communications and signatures so long as the communication, on its face, appears to be authentic.
4. The superintendent or designee may, at his or her discretion, request that an original of the electronic communication and/or electronic signature be forwarded to the district in a timely manner.
5. When necessary or practical, paper copies will be made of electronic communications and stored in a manner and time frame consistent with the nature and purpose of the communications, and with all other district policies, regulations, statutes and rules that may apply.
6. The district will issue and accept electronic communications only when the benefit outweighs or is equal to the benefit of issuing paper communications.
7. The district will accept and issue electronic communications only if such communications conform to any formatting requirements associated with them.
8. The superintendent or designee is authorized to establish additional rules associated with accepting, using and issuing electronic communications.

u u u u u u u

ADOPTED: October 12, 1998

LEGAL REFERENCE:

Idaho Code Section 67-2351, et seq.