District Records

BP 3580.00

DISTRICT RECORDS

 

Note:  Alaska Statute 40.21.070 requires districts to follow the state records management and retention program to the extent practical.  In 2007, the Department of Education and Early Development updated its 1992 publication relating to records retention practices for school districts.  The newly updated Model Records Retention Schedule for Alaska School Districts lists and describes most records that school districts administer and recommends minimum retention guidelines, irrespective of the media utilized.  The schedule is only a guide and districts may establish their own varying schedules to meet specific school or community needs or practices.

 

School district records shall be developed, maintained and disposed of according to the requirements of federal and state laws and regulations.  Records, regardless of format, should remain accessible and durable for their prescribed retention period.  Electronic records, including email, should be administered under operating policies and procedures, ideally in an unaltered format, to ensure that the records remain authentic and trustworthy for their full retention period.

Note:  In 2007, the Federal Rules of Civil Procedure underwent a major revision to include electronic discovery rules.  The Federal Rules mandate that entities, including school districts, retain documents that are relevant to a claim or defense to a claim.  Thus, electronically stored information that is relevant to a claim must be saved for an extended period of time.  Even inadvertent destruction of electronic data, for example pursuant to your email purging procedures, can result in sanctions for your district if you are involved in litigation.  A “litigation hold” is a directive to parties not to destroy any documents, including electronically stored information in all of its various forms, that might be relevant to a legal proceeding, or that might lead to the discovery of relevant information.  In the event the district becomes aware of actual or threatened litigation, audit, or investigation that may concern a group of records, those records should not be disposed of until authorized to do so upon advice of your attorney.

 

The Superintendent or designee shall undertake the preservation and retention of records and data, including electronically stored information, when there becomes a likelihood that potential litigation will occur.  

Irreplaceable, vital school district records must be protected against destruction in the event of a fire, flood, earthquake, terrorist act or other disaster.  Vital records are those containing critical information essential to the continuity of operations, or the protection of the rights and interests of the school district, its students, and staff.  The Superintendent or designee shall identify vital records and implement measures to ensure that these documents are preserved. 

The School Board authorizes the destruction of records having no legal or administrative value or historical interest, following retention for those periods described in the records retention schedule.

Note:  Alaska Statute 40.21.080 provides that public records may not be destroyed except on the authority of the local governing body.  The Board may authorize by policies or regulations, the disposal of "routine records."  The District should establish regulations defining its routine records, and time limits for retention of all records.


The School Board adopts as its Records Management System the Model Records Retention Schedule for Alaska School Districts.  The Superintendent or designee will implement a records management program consistent with this Schedule.

The Superintendent or designee shall ensure the confidentiality of district records as permitted or required by law.  All district employees must guard against improper disclosure of confidential and personally identifiable information. 

(cf. 1340 - Access to District Records)
(cf. 4112.6/4212.6/4312.6 - Personnel Records)
(cf. 5125 - Student Records)
(cf. 3523-Electronic Mail) 

Note:  Participants in the E-rate program have specific document retention requirements which go into effect for funding year 2004.  Under FCC rules, program beneficiaries must “retain all records related to the application for, receipt and delivery of discounted services for a period of five years after the last day of service delivered” in any particular funding year.  FCC Rule § 54.516.  Specifically, eight categories of documents must be retained:  prebidding process, bidding process, contracts, application process, purchase and delivery of services, invoicing, inventory, and forms and rule compliance.

 

Legal Reference:

ALASKA STATUTES
04.25.120-40.25.220  Public Records Act

14.03.115 Parental Access
14.17.190  Restrictions governing receipt and expenditure of money from public school foundation account
40.21.010-40.21.140  Public records

ALASKA CONSTITUTION
art. 1, sec. 22, Right to Privacy

UNITED STATES CODE
5 U.S.C. § 552a – Privacy Act

20 U.S.C. § 1232 g & 34 CFR Part 99 – Family Educational Rights & Privacy Act 

Revised 1/09

KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Adoption Date:  10/13/99
Revision Date: 8/26/09

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