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Home » Board of Education » District Policies » 1120-R, School District Records Regulation

1120-R, School District Records Regulation

The following comprises the rules and regulations relating to the inspection and production of school district records:

I. Designation of Officers

  1. The Records Access Officer shall be the Chief Financial Officer. He/she shall:
    • receive requests for records of the Board of Education and make such records available for inspection or production when such requests are granted;
    • ensure that district information that is not permitted to be released is not released (see Section IV. Records Exempted from Public Access, below); and
  2. The Superintendent of Schools, with the Board’s approval, shall designate a Records Management Officer for the district. The Records Management Officer will develop and oversee a program for the orderly and efficient management of district records, including maintenance of information security as it pertains to release of district records. The Records Management Officer shall ensure proper documentation of the destruction of records, in accordance with the ED-1 schedule.

II. Definition of Records

  1. A record is defined as any book, paper, map, photograph, or other information- recording device, regardless of physical form or characteristic, that is made, produced, executed, or received by any local government or officer thereof pursuant to law or in connection with the transaction of public business.
  2. The Records Access Officer will have the responsibility for compiling and maintaining the following records:
    1. a record of the final vote of each member of the Board on any proceeding or matter on which the member votes;
    2. a record setting forth the name, school or office address, title and salary of every officer or employee of the district; and
    3. a reasonably detailed current list by subject matter of all records in possession of the district, whether or not available for public inspection and copying.
  3. No record for which there is a pending request for access may be destroyed. However, nothing in these regulations shall require the district to prepare any record not possessed or maintained by it except the records specified in II(2), above.

III. Access to Records

  1. Time and place for records inspection: Records may be requested from, and inspected or copied at the Office of the Records Access Officer any business day on which the district offices are open. Records may also be requested via e-mail to the Records Access Officer.
  2. Fees: The fee for documents up to 9 x 14 inches is 25 cents per page. For documents larger than 9 x 14 inches, tape or cassette records, or computer printouts that exceed 9 x 14 inches, the cost will be based on the cost of reproduction or program utilized. Fees are subject to periodic review and change. However, no fee shall be charged for records sent via e-mail, the search for or inspection of records, certification of documents or copies of documents that have been printed or reproduced for distribution to the public. The number of copies given to any one organization or individual may be limited, in the discretion of the Records Access Officer.
  3. Procedures: Requests to inspect or secure copies of records shall be submitted in writing in person or by mail or via e-mail to the Records Access Officer.
  4. The Record Access Officer will respond to all requests for information within five business days (of receipt). If the request cannot be fulfilled within five business days, the Records Access Officer will acknowledge receipt of the request and provide the approximate date when the request will be granted or denied.
  5. If a request cannot be granted within 20 business days from the date of acknowledgement of the request, the district must state in writing both the reason why the request cannot be granted within the 20 business days and when within a reasonable period the request will be granted.
  6. Denial of Access: When a request for access to a public record is denied the Records Access Officer will indicate in writing the reasons for such denial and the right to appeal.
  7. Appeal: An applicant denied access to a public record may file an appeal by delivering a copy of the request and a copy of the denial to the Superintendent within 30 calendar days after the denial from which such appeal is taken.
  8. The applicant and the New York State Committee on Open Government will be informed of the Superintendent’s determination in writing within 10 business days of receipt of an appeal. The Superintendent shall transmit to the Committee on Open Government photocopies of all appeals and determinations.

IV. Records Exempted from Public Access

The provisions of this regulation relating to information available for public inspection and copying shall not apply to records that:

  • are specifically exempted from disclosure by state or federal statute;
  • if disclosed would constitute an unwarranted invasion of personal privacy;
  • if disclosed would impair present or imminent contract awards or collective bargaining negotiations;
  • are confidentially disclosed to the Board and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license;
  • are compiled for law enforcement purposes and which, if disclosed, would:
    1. interfere with law enforcement investigations or judicial proceedings;
    2. deprive a person of a right to a fair trial or impartial adjudication;
    3. identify a confidential source or disclose confidential techniques or procedures, except routine techniques or procedures; or
    4. reveal criminal investigative techniques or procedures, except routine techniques and procedures;
  • if disclosed would endanger the life or safety of any person;
  • are interagency or intra-agency communications, which are not:
    1. statistical or factual tabulations or data;
    2. instructions to staff which affect the public;
    3. final Board policy or determinations; or
    4. external audits, including but not limited to audits performed by the comptroller and the federal government;
  • are examination questions or answers that are requested prior to the final administration of such questions;
  • if disclosed would jeopardize the district’s capacity to guarantee the security of its information technology assets (which encompasses both the system and the infrastructure).

V. Prevention of Unwarranted Invasion of Privacy

To prevent an unwarranted invasion of personal privacy, the Records Access Officer may delete identifying details when records are made available. An unwarranted invasion of personal privacy includes but shall not be limited to:

  1. disclosure of confidential personal matters reported to the Board which are not relevant or essential to the ordinary work of the Board;
  2. disclosure of employment, medical or credit histories or personal references of applicants for employment, unless the applicant has provided a written release permitting such disclosures;
  3. sale or release of lists of names and addresses in the possession of the Board if such lists would be used for private, commercial or fund-raising purposes;
  4. disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the Board; or
  5. disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.
    Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identity, a person seeks access to records pertaining to him or her.

Unless otherwise deniable, disclosure shall not be construed to constitute an unwarranted invasion of privacy when identifying details are deleted, when the person to whom records pertain consents in writing to disclosure, or when upon representing reasonable proof of identity, a person seeks access to records pertaining to him or her.

VI. Listing of Records

Pursuant to Section 87(3)(c) of the Public Officers Law, the current records retention schedule for school districts, published by the Commissioner of Education, shall serve as the list by subject matter of all records in the possession of the school district, whether or not available under the law. The Superintendent or his/her designee, in consultation with the Records Management Officer, shall develop and disseminate department-specific guidance so that staff can implement this policy and regulation.

VII. Litigation-Hold

The Superintendent will designate a “discovery” team, comprised of the school attorney, the Records Access and Records Management Officer and other personnel as needed. The discovery team will convene in the event that litigation is commenced to plan to respond to the request for records. The Superintendent, with assistance from the (director of information systems) will ensure that measures are put in place to preserve applicable records.

Adopted: August 18, 2016