1120-R School District Records Regulation

(This regulation replaces previously approved Board of Education Policy #8361)

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

1. Procedures

   The Principal of Evening High School and Adult Education shall assist the Records Access Officer in obtaining student records filed and maintained in the school district other than those pertaining to payroll and fiscal information.

   The Assistant Superintendent for Finance and Operations shall assist the Records Access Officer in obtaining fiscal records and shall, upon request, provide certified copies of such records.  

   The Records Access Officer shall be appointed by the Board of Education at their reorganization meeting held in July.

   As Records Access Officer, he/she shall:  

   • receive requests for records of the Board of Education and make such records available for inspection or copying or emailing when such requests are granted; and
   • maintain a reasonable detailed current list, by subject matter, of all records in their possession.  The subject list shall be sufficiently detailed to permit identification of the category of the record sought.  The subject matter list shall be update not less than twice per year.  The most recent update shall appear on the first page of the subject matter list. 
      
2. Location

   Records are available or shall be made available for public inspection and copying at the District Clerk’s Office located in the:

   Felicio Administration Building, 52 Third Avenue, Brentwood, NY 11717

3. Times

   Records shall be made available for public inspection and copying during all working hours of regular working days of the Records Access Officer within the buildings designated.  Each person wishing to inspect, copy or receive records shall file a FOIL request form with designated Records Access Officer. 

   The applicant shall make an appointment with the appropriate Records Access Officer for a specific date and time whereby the inspection of records will be made.  The district shall respond to any request reasonably describing the record sought within five (5) business days of the request.

   If the district does not provide or deny access to the record sought within five (5) business days of receipt of a request, the agency shall furnish a written acknowledgement of receipt of the request and a statement of the approximate date when the request will be granted or denied.  If access to records is neither granted nor denied within twenty (20) business days after the date of acknowledgement of receipt of a request, the request may be construed as a denial of access that may be appealed.

4. Fees

   The Brentwood Public Schools shall provide copies of records upon payment of twenty-five (25) cents per page for documents up to 9 x 14 inches or a data stick for $5.00.  For documents larger than 9 x 14 inches, or computer printouts, the cost shall 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 the search for or inspection of records, certification of documents, or copies of documents that have been printed or reproduced for distribution to the public unless preparing the documents requires more than two hours of agency employee time.  A person requesting a record shall be informed of the estimated cost of preparing a copy of the record and a deposit on the cost of preparation is required.  The number of such copies given to any one (1) organization or individual may be limited, in the discretion of the Records Access Officer.

5. Specific Procedures to be followed for Access to Public Records
    
   1. The applicant shall file a FOIL request form
       
   2. The Records Access Officer, upon receipt of a Request for Access for Public Records, shall promptly:
       
      1. Maintain an up-to-date subject matter list.
      2. Assist the applicant to identify the records he/she seeks.
      3. Take one of the following actions:
         1. Make records available for inspection; or
         2. Deny access to the records in whole or in part and explain in writing the reasons for denial within the time prescribed by law and/or regulation.
             
   3. Upon Request for a copy of the record, the Records Access Officer shall make a copy available upon payment of the appropriate established fee.
       
   4. Upon request, certify that a record is a true copy.
       
   5. Upon request email the record.
       
6. If the record cannot be located, the Record Access Officer shall take one of the following actions:
    
   1. Certify in writing to the person requesting access to the record that the agency is not the legal custodian for such record, or
       
   2. Certify in writing that the record being requested cannot be found or located.
       
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.

   The Superintendent shall hear appeals or shall designate a person or body to hear appeals regarding denial of access to records.

   The person or body designated to hear appeals shall inform the applicant and the New York State Committee on Open Government of its determination in writing within seven (7) business days of receipt of an appeal.  The Superintendent shall transmit to the Committee on Open Government photocopies of all appeals and determination.

8. 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. 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.
       
9. 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:
       
      1. interfere with law enforcement investigations or judicial proceedings;
      2. deprive a person of a right to a fair trial or impartial adjudication;
      3. identify a confidential source or disclose confidential techniques or procedures, except routine techniques or procedures; or
      4. 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 that are interagency or intra-agency communications, except to the extent that such materials consist of:
       
      1. statistical or factual tabulations or data;
      2. instructions to staff which affect the public;
      3. final Board policy determinations; or
      4. external audits, including but not limited to audits performed by the comptroller and the federal government;
          
   8. records that are examination questions or answers that are requested prior to the final administration of such questions;
   9. records that are computer access codes.
       
10. 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 that is 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 identify, a person seeks access to records pertaining to him or her.
        
11. 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.

Approved by the Board of Education: 7/13/06
Revision Approved by the Board of Education: 04/19/17
Revision Approved by the Board of Education: 07/06/23

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