School technology leaders should know about new rules for federal court proceedings
With more school district business being conducted online now than ever before, school technology leaders should know about new rules adopted by the U.S. Supreme Court for federal court proceedings. Experts say the rules could force administrators to rethink e-mail storage policies and take stock of existing technologies to ensure compliance. According to attorney Alvin F. Lindsay, a partner with the law firm of Hogan & Hartson LLP, the law has always required schools, corporations, and other entities to produce certain kinds of documentation as evidence in the discovery process, and the latest change is an affirmation that the federal rules of discovery also apply to e-mail. Mr. Lindsay points out the rules will require schools and other organizations to think about how and where they store digital information in advance of potential legal skirmishes. For example, schools might want to conduct technology inventories to better understand what types of email storage and data backup systems they have in place; establish guidelines for the kinds of information that must be saved and for those that can be deleted; and decide where to store critical data, so the information is easily accessible in the event of a problem. Experts also predict that the rules will translate into higher costs, because not only will organizations need to find a method of cataloging and searching through e-mail and instant messages in the event of a lawsuit, they might need to consider investing in technology that helps them filter through digital photos stored on employees' phones and information tucked away on removable memory sticks, among other portable devices. While Mary Kusler, assistant director of government relations for the American Association of School Administrators (AASA) acknowledges the new rules may force some school leaders to reevaluate their digital storage techniques, she believes it is unlikely to send administrators into a panic. "Most schools already operate this way," she says. Still, she cautions that it is important for schools to maintain compliance. To do that, AASA recommends that administrators verify their systems and servers are robust enough to handle the increase in stored information. Schools also should check with their respective state and local governments and legal counsel to ensure they meet all pre-established requirements for document retention.
eSchool News
By Corey Murray
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[Editor’s Note: The 2003 article below details the legal difficulties several local school boards encountered over their failure to retain electronically generated communications and documents pursuant to state open records laws.]
[School Board News on retention of school board members’ email]