Untitled Document

Purpose
The Board recognizes the importance of public documents as the record of the acts of this district and the repository of information about this district. The public has the right under law to inspect and to procure copies of such records with certain exceptions subject to the following guidelines.

Definition
The public records of this district shall mean any account, voucher, or contract dealing with the receipt or disbursement of funds; acquisition, use or disposal of services or of supplies, materials, equipment or other property; or any approved minutes, orders, or decisions fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons.

Authority

1. The Board shall make the public records of this district available for inspection, and copies thereof in accordance with these guidelines, and with the exception of those records exempted from such inspection and copying by law.

Records exempted by law include:

a. reports, communications or other items, the publication of which would disclose the institution, progress or result of an investigation

b. any record, document, material, exhibit, report, memorandum or other paper access to which or publication of which is prohibited, restricted or forbidden by law or court order or decree; or which would operate to the prejudice or impairment of a person's reputation or personal security; or result in the loss of Federal funds, except the record of a conviction for any criminal act

c. records concerning individual pupils

2. The Board declares disclosure of certain public records to be harmful to the public interest and therefore, exempts from public inspection records concerning:

a. pending negotiations toward a collective bargaining agreement

b. any material, the disclosure of which constitutes an unwarranted invasion of individual privacy, such as any records, data, reports, recommendations, or other personal material, including but not limited to information relative to the individual's personal and family circumstances, unless the individual concerned (or in the case of a minor or incompetent, his/her guardian) shall request in writing that the same be disclosed publicly

c. procedures and techniques utilized in protecting the safety and property of the public where such disclosure would impair such protection

d. pending or anticipated litigation, contract negotiations (other than in the collective bargaining process), and other issues that may fall within the privileged relationship between the Board and its solicitor or other consultants and special agents

3. The Board declares disclosure of certain public records to be likely to violate the privacy of individuals and therefore exempted from public inspection:

a. the home address or telephone number of any student or employee of the school district, except as the individual or employee may wish such information to be released

b. notations and tape recordings made and temporarily retained by an individual solely as an administrative convenience in the performance of assigned duties, except that tape recordings of public meetings may not be exempted from public inspection

c. records privately made and retained by an individual which express personal impressions, opinions, and conclusions, and the disclosure of which would tend to violate the recorder's privacy

Procedures

The public may inspect and procure copies of the public records of this district, (except for exempted records enumerated above) in accordance with the following procedures:

1. A public record shall be provided to the requestor in the medium requested if it exists in that form; otherwise, it shall be provided in its existing form. However, the school district is not required to create a public record that does not exist nor to compile, maintain, format, or organize a public record in a manner different from that currently maintained by the school district. If a public record is maintained only in electronic format, the school district shall duplicate the record on paper, upon request.

2. The Board of Education has designated the Board Secretary (Business Manager) as the official custodian of all open public records of the school district. All requests for inspection and/or copying of open public records must be filed in writing with the Board Secretary or his/her designee. The form attached to this regulation shall be used for this purpose. The Board Secretary may require proof of identity of any person requesting access to open public records.

a. each request for access to open public records shall be acted upon as soon as possible but not later than five business days from receiving the request.

b. if the school district determines that the request will be granted, a response shall be sent within five business days. The response shall include the regular business hours of the school district office, the medium in which the record is provided, and the assessed fees.

c. if access to the open records cannot be granted by the end of the fifth business day following the receipt of the request, in accordance with the exceptions stated in law, the Board Secretary will provide written notice to the requestor indicating that the request is being reviewed, the reason for the review, and a date when response will be provided. If the response time is in excess of 30 days beyond the initial five days after the request, the request for access will be deemed denied.

d. if access is denied, the Board Secretary will send a response to the requestor within five days of receiving the request. The response denying the request will include the following:

1. Description of the record requested;

2. Specific reasons for denial, including a citation of supporting authority;

3. Name, title, business address and telephone number, and signature of the employee who denied the request;

4. Date of the response; and

5. Procedure to appeal denial of access

3. If a request for access to a public record is denied or deemed denied, the requestor may file a written exception within fifteen business days of the mailing date of the response or a deemed denial. Upon receipt of the exception, the Superintendent or designee will make a final determination of the request within thirty days of the mailing date. If denied, a written explanation will be provided. The final determination will be the final order of the school district and the requester may appeal the school district's final order, in accordance with the provisions of the law.

4. All open public records will be available for inspection Monday through Friday, 8:00 am to 4:00 pm (except on the holidays and nonduty days outlined in the district's calendar.)

5. No original public record shall be removed from any school district facility without the written permission of the Board Secretary. Copies of open public records shall be made while the records are in the possession, custody, and control of the administrator of the department that maintains the records and shall be made under the supervision of such administrator.

6. No fees shall be charged for inspection and/or copying of open public records by persons who are performing services for the school district, including: Board members; employees; volunteers, consultants; professionals (including attorneys, architects, engineers and physicians); school site advisory councils; or school district committees appointed by the Board of Education or the Superintendent.

7. Fees shall be charged as follows:

a. a fee of fifteen cents (.15) per page shall be charged for copies of records, which includes the cost of photocopying materials, equipment depreciation, and ordinary staff time

b. if, in the discretion of the Board Secretary, extraordinary staff time in excess of two hours is required to find, gather, or research the records to be copied, an hourly wage of $15.00 an hour will be charged

c. the school district shall be reimbursed for the cost of any supportive materials provided as part of the request

d. the Board Secretary shall also charge the cost incurred to deliver copies of open public records by long-distance fax (facsimile), U. S. mail, or other delivery service

e. if the estimated cost of fulfilling a request is over $100.00, the Board Secretary will collect the fees from the requestor before the requestor is allowed to view the open records or before copies are delivered to the requestor. The fees will be credited to the General Fund.

f. a list of fees that may apply will be provided to each requester, posted in the school district's Administration office, and be available electronically.

8. At an advertised meeting, the Board may make an exception to this policy, with a majority vote of its members, in order to provide copies of documents to the residents at no cost. The motion to do so will include a description of the type of document, quantity of copies to be made available, specific distribution sites, and availability dates.

9. Nothing in this policy shall be construed as preventing a Board member from inspecting any record of this district in the performance of official duties.

The Board of Education directs the Superintendent to develop procedures to implement this policy, which include:

1. Preparation of an archives system which shall conform to law and as a minimum require the permanent safeguarding of Board minutes, annual audit reports and permanent pupil records, and the retention of all fiscal records required for audit until said audit has been received and approved.

2. Provisions to guard the confidentiality of documents exempted from the availability of public records.

3. Procedures by which a citizen denied access to any records of this district may appeal that decision.

Number:	801
Section:	Operations
Title:	Public Records
Date Adopted:	January 8, 1979
Date Reviewed:	September 23, 2003

Purpose The Board recognizes the importance of public documents as the record of the acts of this district and the repository of information about this district. The public has the right under law to inspect and to procure copies of such records with certain exceptions subject to the following guidelines. Definition The public records of this district shall mean any account, voucher, or contract dealing with the receipt or disbursement of funds; acquisition, use or disposal of services or of supplies, materials, equipment or other property; or any approved minutes, orders, or decisions fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons. Authority 1. The Board shall make the public records of this district available for inspection, and copies thereof in accordance with these guidelines, and with the exception of those records exempted from such inspection and copying by law. Records exempted by law include: a. reports, communications or other items, the publication of which would disclose the institution, progress or result of an investigation b. any record, document, material, exhibit, report, memorandum or other paper access to which or publication of which is prohibited, restricted or forbidden by law or court order or decree; or which would operate to the prejudice or impairment of a person's reputation or personal security; or result in the loss of Federal funds, except the record of a conviction for any criminal act c. records concerning individual pupils 2. The Board declares disclosure of certain public records to be harmful to the public interest and therefore, exempts from public inspection records concerning: a. pending negotiations toward a collective bargaining agreement b. any material, the disclosure of which constitutes an unwarranted invasion of individual privacy, such as any records, data, reports, recommendations, or other personal material, including but not limited to information relative to the individual's personal and family circumstances, unless the individual concerned (or in the case of a minor or incompetent, his/her guardian) shall request in writing that the same be disclosed publicly c. procedures and techniques utilized in protecting the safety and property of the public where such disclosure would impair such protection d. pending or anticipated litigation, contract negotiations (other than in the collective bargaining process), and other issues that may fall within the privileged relationship between the Board and its solicitor or other consultants and special agents 3. The Board declares disclosure of certain public records to be likely to violate the privacy of individuals and therefore exempted from public inspection: a. the home address or telephone number of any student or employee of the school district, except as the individual or employee may wish such information to be released b. notations and tape recordings made and temporarily retained by an individual solely as an administrative convenience in the performance of assigned duties, except that tape recordings of public meetings may not be exempted from public inspection c. records privately made and retained by an individual which express personal impressions, opinions, and conclusions, and the disclosure of which would tend to violate the recorder's privacy Procedures The public may inspect and procure copies of the public records of this district, (except for exempted records enumerated above) in accordance with the following procedures: 1. A public record shall be provided to the requestor in the medium requested if it exists in that form; otherwise, it shall be provided in its existing form. However, the school district is not required to create a public record that does not exist nor to compile, maintain, format, or organize a public record in a manner different from that currently maintained by the school district. If a public record is maintained only in electronic format, the school district shall duplicate the record on paper, upon request. 2. The Board of Education has designated the Board Secretary (Business Manager) as the official custodian of all open public records of the school district. All requests for inspection and/or copying of open public records must be filed in writing with the Board Secretary or his/her designee. The form attached to this regulation shall be used for this purpose. The Board Secretary may require proof of identity of any person requesting access to open public records. a. each request for access to open public records shall be acted upon as soon as possible but not later than five business days from receiving the request. b. if the school district determines that the request will be granted, a response shall be sent within five business days. The response shall include the regular business hours of the school district office, the medium in which the record is provided, and the assessed fees. c. if access to the open records cannot be granted by the end of the fifth business day following the receipt of the request, in accordance with the exceptions stated in law, the Board Secretary will provide written notice to the requestor indicating that the request is being reviewed, the reason for the review, and a date when response will be provided. If the response time is in excess of 30 days beyond the initial five days after the request, the request for access will be deemed denied. d. if access is denied, the Board Secretary will send a response to the requestor within five days of receiving the request. The response denying the request will include the following: 1. Description of the record requested; 2. Specific reasons for denial, including a citation of supporting authority; 3. Name, title, business address and telephone number, and signature of the employee who denied the request; 4. Date of the response; and 5. Procedure to appeal denial of access 3. If a request for access to a public record is denied or deemed denied, the requestor may file a written exception within fifteen business days of the mailing date of the response or a deemed denial. Upon receipt of the exception, the Superintendent or designee will make a final determination of the request within thirty days of the mailing date. If denied, a written explanation will be provided. The final determination will be the final order of the school district and the requester may appeal the school district's final order, in accordance with the provisions of the law. 4. All open public records will be available for inspection Monday through Friday, 8:00 am to 4:00 pm (except on the holidays and nonduty days outlined in the district's calendar.) 5. No original public record shall be removed from any school district facility without the written permission of the Board Secretary. Copies of open public records shall be made while the records are in the possession, custody, and control of the administrator of the department that maintains the records and shall be made under the supervision of such administrator. 6. No fees shall be charged for inspection and/or copying of open public records by persons who are performing services for the school district, including: Board members; employees; volunteers, consultants; professionals (including attorneys, architects, engineers and physicians); school site advisory councils; or school district committees appointed by the Board of Education or the Superintendent. 7. Fees shall be charged as follows: a. a fee of fifteen cents (.15) per page shall be charged for copies of records, which includes the cost of photocopying materials, equipment depreciation, and ordinary staff time b. if, in the discretion of the Board Secretary, extraordinary staff time in excess of two hours is required to find, gather, or research the records to be copied, an hourly wage of $15.00 an hour will be charged c. the school district shall be reimbursed for the cost of any supportive materials provided as part of the request d. the Board Secretary shall also charge the cost incurred to deliver copies of open public records by long-distance fax (facsimile), U. S. mail, or other delivery service e. if the estimated cost of fulfilling a request is over $100.00, the Board Secretary will collect the fees from the requestor before the requestor is allowed to view the open records or before copies are delivered to the requestor. The fees will be credited to the General Fund. f. a list of fees that may apply will be provided to each requester, posted in the school district's Administration office, and be available electronically. 8. At an advertised meeting, the Board may make an exception to this policy, with a majority vote of its members, in order to provide copies of documents to the residents at no cost. The motion to do so will include a description of the type of document, quantity of copies to be made available, specific distribution sites, and availability dates. 9. Nothing in this policy shall be construed as preventing a Board member from inspecting any record of this district in the performance of official duties. Delegation of Responsibility The Board of Education directs the Superintendent to develop procedures to implement this policy, which include: 1. Preparation of an archives system which shall conform to law and as a minimum require the permanent safeguarding of Board minutes, annual audit reports and permanent pupil records, and the retention of all fiscal records required for audit until said audit has been received and approved. 2. Provisions to guard the confidentiality of documents exempted from the availability of public records. 3. Procedures by which a citizen denied access to any records of this district may appeal that decision.