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1120-R- School District Records Regulation

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

1. Designation of Officers

    • The Records Access Officer and Records Management Officer for the school district shall be designated by the Superintendent, with the Board’s approval, at the annual reorganization meeting.
    • The Records Access Officer is designated to receive requests for records of the Board of Education and make such records available for inspection or copying when such requests are granted.
    • The Records Management Officer will develop and oversee a program for the orderly and efficient management of District records. The Records Management Officer shall ensure proper documentation of the destruction of records, in accordance with the schedule.

2. Definition of Records

        1. A record is defined as any information kept, held, filed, produced or reproduced by, with or for the Board in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes;
        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 Board. Such records shall be made available for inspection under the supervision of the Records Access Officer; and
          3. a reasonably detailed current list by subject matter of all records in possession of the Board, 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.

3. Requests for Inspection or Copying of Records

      1. Requests for access may be denied as permitted by law. However, nothing in these regulations shall require the Board to prepare any record not possessed or maintained by it except the records specified in (2b) above and required by law.
      2. Requests for inspection or copying of payroll records are to be submitted to the Records Access Officer.
      3. All requests for inspection or copying of records are to be made in writing, either in person, by mail, or via e-mail, to the Records Access Officer. Forms are provided for written and e-mail requests, but such forms are not required.
      4. The record sought to be inspected must be identified with reasonable particularity.
      5. Payroll records shall be made available in accordance with Article 6 of the Public Officers Law only upon written notice in the form prescribed by the Comptroller of the State of New York and shall be reasonable and shall specify what records are to be requested with particularity.
      6. The District shall accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail using forms, to the extent practicable, consistent with the form or forms developed by the Committee on Open Government and provided that the written requests do not seek a response in some other form. Any electronic requests must comply with the requirements of the Application for Public Access to records and must be sent to Ellen McGoldrick at ellen.mcgoldrick@valleycentralschools.org.

4. Procedures

      1. The Records Access Officer shall assist any applicant for inspection or copying of records in the identification of the record.
      2. All requests for information shall be responded to within five business days of receipt of the request. The District shall respond to written requests either in writing or via email, and shall respond to e-mail requests via e-mail when possible. If the request cannot be fulfilled within five business days, the Records Access Officer shall acknowledge receipt of the request and advise the approximate date when the request will be granted or denied.
      3. 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 the request cannot be granted within 20 business days, and a date certain within a reasonable period when it will be granted depending on the circumstances of the request. In determining a reasonable time for granting or denying a request, the District shall consider the volume of the request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must disclosed, the number of requests received by the District and other similar factors.
      4. Appeal: An applicant denied access to a public record may file an appeal by delivering a letter to the Superintendent stating the reasons for such appeal together with a copy of the request and a copy of the denial within 30 days after the denial from which such appeal is taken.
      5. 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.
      6. If a request is received personally, the Records Access Officer shall:
        1. search for an identifiable record; and
        2. review the record and delete any information which would constitute an unwarranted invasion of privacy and make the record available for inspection immediately, or, depending on circumstance, schedule an appointment for inspection; or
        3. deny access to the record
      7. If a requested record is not maintained, cannot be found or is confidential, where disclosure would constitute an unwarranted invasion of privacy, the Records Access Officer shall:
        1. notify the applicant, giving the reason for either the denial of access to the record or certify to the applicant that the record is not maintained or cannot be found by the District; and
        2. advise the applicant of his/her right to appeal the denial of access to the record.

5. Inspection, Copying, and Certification of Records

  1. The inspection and copying of records, except payroll records, shall be done under the direction and supervision of the Records Access Officer or designee, during any day that school is in session between the hours of 9:00 a.m. and 4:00 p.m., at the Valley Central School Administration Office.
  2. The inspection and copying of records, except payroll records, shall take place only at the location where the record is usually kept in the regular course of District business.
  3. Upon payment of the fee hereinafter set, the District shall supply photographic copies for any record open for inspection, except payroll records. The fee shall be the maximum statutory amount or $.25 per photocopy not in excess of 9 x 14 inches, or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by statute. Any record may be copied by hand by the person inspecting, at no charge. No fee shall be charged for records provided via e-mail if there is no actual cost to the District to provide such records.
  4. The Records Access Officer shall certify to the correctness of any record without charge.
  5. The number of records given to one organization or individual at any one time may be limited at the discretion of the Records Access Officer.

6. Denials of Access to Records and Appeals

  1. Access may be denied to certain records, or portions thereof, that:
    1. are specifically exempted from disclosure by State and/or Federal status;
    2. if disclosed would constitute an unwarranted invasion of personal privacy;
    3. if disclosed would impair present or imminent contract awards or collective bargaining negotiation;
    4. are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise.
    5. are compiled for law enforcement purposes and which, if disclosed would:
      a. interfere with law enforcement investigations or judicial proceedings;
      b. deprive a person of a right to a fair trial or impartial adjudication;
      c. identify a confidential source or disclose confidential information relating to a criminal investigation; or
      d. reveal criminal investigative techniques or procedures.
    6. if disclosed would endanger the life or safety of any person;
    7. are inter-agency materials which are not:
      a. statistical or factual tabulations or data;
      b. instruction to staff that affect the public;
      c. final agency policy or determinations; or
      d. external audits, including but not limited to audits performed by the Comptroller and the federal government.
    8. are examination questions or answers which are requested prior to the final administration of such questions;
    9. 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).

b. If the District does not provide or deny access within five business days of the receipt of the request, a written acknowledgment of the receipt thereof and a statement of the approximate date when the request will be granted or denied will be furnished. If access is neither granted nor denied within 10 business days after the date of acknowledgment of the receipt, the request may be construed as a denial of access that may be appealed.

When a request for access to a public record is denied, the Records Access Officer shall indicate in writing the reasons for such denial, the right to appeal, and the name, title, business address and telephone number of the person who will hear the appeal.

c. Appeal: Any person denied access to records may appeal within 30 days after the denial from which such appeal is taken. All appeals shall be in writing identifying:

    1. the date and location of the request for the records;
    2. the records to which access was denied; and
    3. the name and address of the requestor.

d. The appeal shall be directed to the person designated to hear appeals and shall be submitted with a copy of the Records Access Officer’s written denial. The appellant and the New York State Committee on Open Government will be informed of the determination in writing within 10 business days of receipt of an appeal. Photocopies of all appeals and determinations shall be sent to the Committee on Open Government.
e. A final denial of access to a requested record shall be subject to court review as provided in Article 78 Civil Practice Laws and Rules.

7. Litigation-Hold

The Superintendent will designate a “discovery” team, comprised of the school attorney, Director of Technology, 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 Technology will ensure that measures are put in place to preserve applicable records.

Ref:

  • Public Officers Law §§65-a; 65-b; 84 et seq.
  • Education Law §§1708(3); 2116
  • Arts and Cultural Affairs Law §57.11
  • 8 NYCRR Part 185

Adoption date: May 27, 1997
Revised: August 18, 2008
Revised: February 10, 2014
Reviewed: February 27, 2017