Code:   KBA

                                                                                                                                       Adopted:  

 

Public Records**

 

 

Public record includes any writing containing information relating to the conduct of the district’s business.  Writing means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds or symbols or combination thereof, and papers, maps, files, facsimiles, electronic recording and e-mail, including deleted e-mail on backup.  Public record does not include messages on voice mail or on other telephone message storage and retrieval systems.

 

Board meetings and records will be matters of public information subject to such restrictions as are set by federal law or regulation, by state statute or by pertinent court rulings.

 

The Board’s official minutes, its written policies and its financial records will be available at the superintendent’s office for inspection by any citizen desiring to examine them during hours when the superintendent’s office is open.  All such information will be made available to individuals with disabilities in any appropriate format upon request and with appropriate advanced notice.  Auxiliary aids and services available to ensure equally effective communications to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.

 

The Board supports the right of the people to know about programs and services of their schools and will make every effort to disseminate information.  Each principal is authorized to use all means available to keep parents and others of his/her particular school’s community informed about the school’s program and activities.

 

No records will be released for inspection by the public or any unauthorized persons – either by the superintendent or any other person designated as custodian for district records – if such disclosure would be contrary to the public interest, as described in state law.

 

If a copy of a record is requested, the district will provide a single certified copy.  If a request to inspect a record is made and the public record is maintained in a machine readable or electronic form, the custodian shall provide the record in the form requested, if available.  If not available in the form requested, it will be provided in the form the public record is maintained.  If a person who is a party to a civil judicial proceeding to which the district is a party or who has filed notice under ORS 30.275 (5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the individual must submit the request in writing to the designated custodian of district records and at the same time to the district’s attorney.

 

Employee and volunteer addresses, social security numbers, dates of birth and telephone numbers contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.445 and ORS 192.502 (3).  Such information may be released only upon the written request of the employee or

volunteer or as otherwise provided by law.  This exemption does not apply to a substitute teacher, as defined in ORS 342.815, when requested by a professional education association of which the substitute teacher may be a member.  Additionally, the district will not disclose the identification badge or card of an employee without the employee’s written consent if the badge or card contains the employee’s photograph and the badge or card was prepared solely for internal use by the district to identify district employees.  A duplicate of the photograph used on the badge or card shall not be disclosed.

 

The Board reserves the right to establish a fee schedule which will reasonably reimburse the district for the actual cost of making copies of public records for the public.  There will be no additional charge for auxiliary aids and services provided for qualified persons with disabilities.

 

Requests for copies of documents shall be in writing and will be presented to the [Board chairman] [superintendent].

 

END OF POLICY

       

 

Legal Reference(s):

 

ORS Chapter 192

 

OAR 137-004-0800 (1)

 

Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101-12213; 29 CFR Part 1630 (2000); 28 CFR Part 35 (2000).

Oregon Attorney General’s Public Records and Meetings Manual, pp. 24-26; Appendix H, Department of Justice (2001).

HR12/9/03_MW