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8000 Operations » 8310 Public Records

8310 Public Records

The Board of Education recognizes its responsibility to maintain the public records of this District and to make such records available for inspection and reproduction.

The public records of this District include any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics, which has been prepared, owned, used, in the possession of, or retained by the District, its Board, officers, or employees to the extent such materials are within the definition of public records under applicable law. "Public records" do not include, but are not necessarily limited to, drafts, notes, preliminary documents and similar materials prepared for the originator’s personal use, published materials available for sale or which are available for inspection at a public library, material with access limited due to copyright, patent or bequest, purely personal electronic mail, certain pupil records, medical records, documents containing genetic information, trial preparation records, confidential law enforcement investigatory records, and records the release of which is prohibited by State or Federal law.

Any person may make an oral or written request for any public records of the District. The person may inspect, copy, or receive copies of the public record requested. The request must be reasonably specific as to the subject matter or length of time represented by the record. The District shall respond as soon as practicable and without delay to the requestor providing the requested documents or informing the requestor of the District's intent to deny access. If access is denied, the District shall provide a specific explanation regarding the decision to deny access. If a record contains information that may be made public and information that may not be made public, the legal custodian or designee shall provide the information that may be made public and delete the information that may not be made public from the record before release.

A requestor may purchase copies of the District's public records upon payment of a fee. In cases where the cost of locating and reproducing the requested record is estimated to exceed $50, the District Administrator may require advance payment of the estimated cost from the requestor prior to fulfilling the request. The District may charge fees for the actual time spent by District employees in locating the record at the applicable employee(s)’ hourly rate for salary and benefits, as well as a reproduction cost of twenty-five cents ($.25) per page. The District may also charge the requestor for any equipment required to fill the request (such as video tapes, computer disks, etc.). The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audio or videotapes shall be charged. If mailing or shipping is necessary, the actual cost thereof shall also be charged. The legal custodian of records or designee may not sell or rent a record containing an individual's name or address of residence, unless specifically authorized by state law. The collection of fees as outlined above is not a sale or rental under these procedures.

If payment is required, the District will calculate the actual cost and charge the requestor. If advance payment is required, the District will either invoice the requestor for the difference between the estimate and actual cost or refund any overpayment.

The District’s Record Custodian may, in his/her sole discretion, elect to waive the imposition of the costs provided for herein.

No public record may be removed from the office in which it is maintained except by a Board officer or employee in the course of the performance of his/her duties.

Nothing in this policy shall be construed as preventing a Board member from inspecting in the performance of his/her official duties any record of this District, except student records and certain portions of personnel records.

The District Administrator shall establish administrative guidelines to ensure proper compliance with the intent of this policy and the public records law.

Records Retention Schedule

The District will follow the Wisconsin Department of Administration's guidelines on School District record retention.

The most recent edition of the guidelines is dated May, 2010. It may be accessed at the following web address:

http://dpi.wi.gov/ibstat/pdf/wi-rrssd.pdf

Chapter 19, Subchapters II and IV Wisconsin Statutes
Sections 103.13
118.125
118.126
118.127
120.13(12)
120.13(28)
146.81-146.83
252.15
ADM 12, Wisconsin Administrative Code
Family Educational Rights and Privacy Act (FERPA)
Health Insurance Portability and Accountability Act (HIPAA)
No Child Left Behind Act of 2001
29 C.F.R. Part 1635
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act

© Neola 2010