1120 School District Records

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

It is the policy of the Board of Education to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York.

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 District’s attorney and the records management officer, 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.

The Superintendent or his/her designee, with assistance from the Records Management Officer, shall be responsible for providing retention schedules and guidance to staff, as necessary, to ensure adherence to this policy.  

The Superintendent of Schools shall develop regulations ensuring compliance with the Freedom of Information Law and setting forth the procedures to be followed to obtain access to district records and submit such regulations to the Board for approval.  The Board of Education will appoint the Records Access Officer at the reorganization meeting.
    
To ensure that the Board of Education is fully aware of the Freedom of Information Law (FOIL) transactions, the Records Access Officer shall copy all FOIL requests and remit said copy and the district’s response to each Trustee of the Board of Education.

Retention and Destruction of Records

The Board hereby adopts the New York State Education Department Records Retention and Disposition Schedule LGS-1 see enclosed for the legal minimum retention periods for district records.  In accordance with Article 57-A, the district will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule.  The district will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.  In accordance with Article §57.29 Reproduction of records and disposition of the originals. 

Any local office may reproduce any record in his custody by microphotography or other means that accurately and completely reproduces all the information in the record.  Such official may then dispose of the original record even though it has not met the prescribed minimum legal retention period, provided that the process for reproduction and the provisions made for preserving and examining the coy meet requirements established by the commissioner of education.  Such copy shall be deemed to be an original record for all purposes, including introduction as evidence in proceedings before all courts and administrative agencies.

Ref:    

Public Officers Law §84 et seq. (Freedom of Information Law)
Education Law §2116
Arts and Cultural Affairs Law §57.11
Local Government Records Law, Article 57-A
8 NYCRR Part 185 (Appendix I)

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

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