AUTHORIZATION TO ACCEPT AND DISTRIBUTE ELECTRONIC RECORDS AND TO USE ELECTRONIC SIGNATURES

AUTHORIZATION TO ACCEPT AND DISTRIBUTE ELECTRONIC RECORDS AND TO USE ELECTRONIC SIGNATURES

po6107Adopted January 18, 2024

6107 - AUTHORIZATION TO ACCEPT AND DISTRIBUTE ELECTRONIC RECORDS AND TO USE ELECTRONIC SIGNATURES

Unless a provision of law enacted after September 14, 2000, specifically prohibits the use of an electronic record for the specified purpose, the Governing Board authorizes the acceptance and distribution/transmission of electronic records and electronic signatures to and from ESC staff and other persons, as well as between ESC staff members. The Governing Board further authorizes ESC staff to create, generate, send, communicate, receive, store, process, use, and rely upon electronic records and electronic signatures. The Superintendent shall put in place measures to protect the integrity, security, and accessibility of electronic signatures and electronic records to comply with the mandates of State and Federal agencies or programs, including Medicaid.

All ESC staff shall comply with all provisions of the Uniform Electronic Transaction Act when creating, generating, sending, communicating, receiving, storing, processing, using, and relying upon electronic records. Further, all ESC staff and other persons who use electronic signatures when completing transactions with the Governing Board shall do so in compliance with State law.

With regard to the acceptance and distribution/transmission of electronic records and electronic signatures, the Superintendent may specify the following:

  1. The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored, and the systems established for those purposes.
  2. If electronic records shall be signed by electronic means, the type of electronic signature that is required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met, by any third party used by a person filing a document to facilitate the process.
  3. Control processes and procedures as appropriate to provide for adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
  4. Any other required attributes for electronic records that are specified for non-electronic records or reasonably necessary under the circumstances.

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