801. COMMUNITY ACCESS TO SCHOOL DISTRICT RECORDS
Community Access to District Records
The purpose of this policy is to establish and provide for the enforcement of reasonable rules governing the examination or the making of extracts, copies, photographs or photocopies of District records that are public records or to which the public may have access as defined below. This policy must be posted in a conspicuous location in the District’s administrative offices.
Procedure for Requesting Records
Any person wishing to examine any District record shall submit a request in writing to the Board Secretary on a form to be provided by the District, which shall indicate the name and address of the person making the request and shall identify the record sought to be examined or requested. Any person making an oral or electronic request for records will be required to complete the form referenced above.
Upon receipt of such written request, the Board Secretary or his/her designee shall schedule a time for the examination and inspection of the requested records with the person making the request. Normally, records are available in the Board Secretary’s office from 8:30 a.m. to 4:00 p.m. Monday through Friday each week except for certain holidays. The Board Secretary shall typically respond to the written request within five (5) business days but in no event shall the time for response exceed the time limits of the Right-to Know Act.
There will be a per page duplication and clerical fee for any copies requested.
Original School District records shall not be removed from the District Building, nor from the control or supervision of the Board Secretary or his/her designee.
Community Access to School District Records Which Qualify as Public Records Under State Law
Public Record:
The public records of the 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 minutes, orders or decisions fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons.
The Board shall make the public records of the District available for inspection, and copies thereof in accordance with the above guidelines, with the exception of those records exempted from such inspection and copying by law.
If the District denies a written request for records, such denial shall be made in writing and shall include the specific reasons for the denial, including a citation of legal authority. If the denial is the result of a determination that the record requested is not a public record, the specific reasons for such determination shall be included.
The Superintendent or his/her designee shall decide all appeals in accordance with the Right-to-Know Act and may hold hearings as provided in the Right-to-Know Act.
Community Access to School District Records Which Do Not Qualify as Public Records Under State Law
The primary responsibility of the administration and teaching staff of the District is the education of the students. The Board and administration will establish procedures for fulfilling individual requests for information, particularly via e-mail. In providing that information, the Board believes it is appropriate to balance the public right to know with the time constraints of the administration and the teaching staff.
If the records requested do not fall under the definition of “public records” previously set forth in this policy, and are not exempted from inspection by law, in addition to the aforementioned duplication fee, the District will charge a retrieval fee appropriate for the professional and clerical time needed to collect and report the information. The District reserves the right to decline to respond to a record retrieval request for such records if deemed by the Superintendent or the Superintendent’s designee to constitute an undue burden on staff.
Nonpublic Records Not to be Provided to Anyone without a Legal Right to Access of the Information:
- Reports, communications or other items, the publication of which would disclose the initiation, progress or result of an investigation undertaken by the School District in the performance of its official duties;
- Any record, document, material, exhibit, report, memorandum or other paper, the 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;
- Records concerning individual pupils, personnel, or negotiations of School District contracts.
The determination of whether the requested information is a “public record” or information to which the community may have access will be made by the Board Secretary in consultation with the District Solicitor’s office. |
