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Adoption Date: 6/11/2018
Regulations - Regulations


1120R SCHOOL DISTRICT RECORDS REGULATIONS

           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 Superintendent Secretary/District Clerk. She shall:  

  • receive requests for records of the Board of Education and make such records available for inspection or copying 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
  • compile and maintain a detailed current list by subject matter, of all records in the possession of the Board, whether or not available to the public.

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 schedule.

II.         Definition of Records

1.  A record is defined as any information kept, held, filed, produced or reproduced by, with or for the district 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:

                     a.  a record of the final vote of each member of the Board on any proceeding or matter on which the                           member votes;

                       b.      a record setting forth the name, school or office address, title and salary of every officer or                               employee of the district; and 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 records may be inspected:  Records may be requested from, and inspected or copied at, the Office of the Records Access Officer, at District Office during the hours of 7:30am to 3pm on any business day on which the district offices are open.  Records may also be requested via e-mail at the following address: sbenedict@mwcsd.org or by form https://www.mwcsd.org/cf_forms/view.cfm?formID=53  

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, or computer printouts, 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 which have been printed or reproduced for distribution to the public.  The number of such 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, either in person, by mail or via e-mail https://www.mwcsd.org/cf_forms/view.cfm?formID=53, to the Records Access Officer.  

4. All requests for information shall be responded to within five business days of receipt of the request.  If the request cannot be fulfilled within five business days, the Records Access Officer shall 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 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.

6.  Denial of Access:  When a request for access to a public record is denied, the Records Access Officer shall 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 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:

           1.         are specifically exempted from dis­closure by state and/or federal statute;

           2.         if disclosed would constitute an unwarranted invasion of personal privacy;

           3.         if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

           4.         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;

           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 techniques or procedures, except routine                          techniques or procedures; or

                       d.         reveal criminal investigative techniques or procedures, except routine techniques and                                     procedures;

            6.        records which if disclosed would endanger the life or safety of any person;

            7.       records which are interagency or intra-agency communications, except to the extent that such                         materials consist of:

                       a.         statistical or factual tabulations or data;

                       b.         instructions to staff which affect the public;

                       c.         final Board policy determinations; or

                       d.         external audits, including but not limited to audits performed by the comptroller and the                                             federal government;

 

           8.         records which are examination questions or answers that are requested prior to the final                               administration of such questions;

           9.         records which 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.

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 establish procedures in the event that the school district is served with legal papers.  The Superintendent will communicate with applicable parties, including the school attorney and the records management official, to ensure that, when appropriate, a litigation-hold is properly implemented.  The litigation-hold is intended to prevent the destruction or disposal of records that may need to be produced as part of discovery. It is the intention of the Board of Education to comply with applicable rules and regulations regarding the production of necessary documents, data, files, etc. The Board directs the Superintendent to institute such procedures to implement this policy.