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Tag: Public Records

Published on

Effective: 6/23/1992
Revision: 11/29/2022
Reviewed: 8/25/2015

  1. Board Directive
    The Board of Education is committed to see that Jordan School District records are managed in an efficient, responsible manner.  Therefore, the Board delegates to the Administration responsibility for establishing criteria for maintaining, classifying, preserving, accessing, and destroying district records in compliance with the Government Records Access and Management Act (GRAMA), Utah Code §63-2-101.
  2. Administrative Policy
    Records shall be defined as written or electronic records that are owned and maintained by the District. The District Records Policy shall be implemented according to the following administrative policy provisions:

    1. Records Management
      1. Jordan District records shall be managed under the direction of the principal and/or the appointed records officer of each school and department.
      2. The Superintendent of Schools shall be the chief administrative officer of the District.
      3. The Business Administrator shall be the records officer for all general district records including Board of Education minutes and all documents related to fiscal matters such as property, budgets, payroll, accounts, contracts, etc.
      4. The Administrator of Human Resources shall be the records officer for all records related to personnel.
      5. The Planning and Enrollment consultant shall be the records officer for all records related to students.
      6. The Planning and Enrollment consultant shall serve as the District's liaison to the State Archives.
    2. Records Classification
      1. All Jordan District records created after July 1, 1992, shall be classified as either public, private, controlled, protected, or restricted.
      2. The Planning and Enrollment consultant shall inform the State Archives no later than July 1 of each year of the classification of any new record series created during the previous 12 months.
    3. Public Records
      1. Public records as described in Utah Code §63G-2-301 shall include:
        1. Official minutes, actions and decisions of the Board of Education and District Administration unless the record involves information which is classified as private, controlled, or protected.
        2. Official District and school policies, contracts, minutes, and accounts.
        3. Names, gender, job titles, job descriptions, business addresses, business telephone numbers, gross salaries, working hours, and dates of employment of all current and former employees.
    4. Private Records
      1. Private records are those set forth in Utah Code §63G-2-303 including:
        1. Personnel files including applications, nominations, recommendations, evaluations, and proposals for advancements or appointments.
        2. Documents related to eligibility for unemployment benefits, social services, welfare benefits, personal finances, individual medical condition, and military status.
      2. Private records shall be open only to the subject of the record and other authorized individuals or agencies.
    5. Controlled Records
      1. Controlled records are those set forth in Utah Code §63G-2-304 including records containing medical, psychiatric, or physiological data on an individual which, if disclosed, could be detrimental to the individual's mental health or safety.
      2. Controlled records shall be open only to authorized persons or agencies but are not open to the subject of the record.
    6. Protected Records
      1. Protected records are those set forth in Utah Code §63G-2-305 including:
        1. Any information that, if disclosed, would jeopardize the life or safety of an individual or security of district property or programs.
        2. Documents that, if disclosed, would place the District at a disadvantage in contract negotiations, property transactions, or bargaining position or could enable circumvention of an audit.
        3. Records related to potential litigation or personnel hearings.
        4. Records generated in meetings that are closed in accordance with the Utah Open and Public Meetings law.
        5. Test questions.
      2. Protected records shall be open only to authorized individuals and agencies or in response to court order.
    7. Restricted Records
      1. Restricted records as set forth in Utah Code §63G-2-201(3)(b) shall include student records that are protected by the Family Educational Rights and Protection Act (FERPA). Access to student records shall be provided in accordance with the Family Educational Rights and Protection Act (FERPA). (See policy AS61—Student Records.)
    8. Access to District Records
      1. Requests to view District records must be submitted via the Utah Open Records Portal.
      2. Individuals requesting to view records classified as private, controlled, protected, or restricted shall be required to submit their request through the Utah Open Records Portal. Requesters must prove their right to access the record through personal identification, written release from the subject of the record, power of attorney, court order, or other appropriate means.
      3. The records officer shall review each request as soon as reasonably possible but not more than 10 working days from the date the request was received.
        1. Approve the request and provide records;
        2. Deny the request and provide notice of denial, including the right to appeal;
        3. Notify the requester it does not maintain the record and provide, if known, the name and address of the governmental entity that does maintain the record; or
        4. Notify the requester it cannot approve or deny the request because of extraordinary circumstances consistent with Utah Code §63G-2-204 and provide a description of the circumstances and when the records will be available.
    9. Appeals Process
      1. Appeals to the Chief Administrative Officer
        1. Appeals to the chief administrative officer of the District will follow the process outlined in Utah Code §63G-2-401.
        2. A notice of appeal shall be filed with the chief administrative officer within 30 days after receiving a notice of denial.
        3. The notice of appeal shall contain the name, mailing address, and daytime telephone number of the requester or interested party and the relief sought.
      2. If the chief administrative officer affirms the denial of a record request, an appeal may be made to the State Records Committee or district court, as outlined in outlined in Utah Code §63G-2-402 and §63G-2-403.
    10. Copying District Records
      1. The District shall charge a fee for duplicating District records that is equal to the actual duplication cost plus any employee time involved.
      2. The District shall refuse to allow duplication of copyrighted materials.
      3. The District shall charge 50 cents per page for duplicating records. If more than 15 minutes of research is involved, the District shall also charge for all personnel time (actual salary and benefit costs) of the employee fulfilling the GRAMA or other record request.
    11. Retention of District Records
      1. The District shall adhere to the general schedule for records retention approved by the State Records Committee.
      2. Records that are not covered by the general schedule shall be submitted to the State Records Committee for scheduling.
    12. Public Access to District Records
      1. If public access is granted to view or inspect District records, files, documents, etc., unless a waiver of fees is granted under Utah Code §63G-2-203(4), the District shall charge for all personnel time (actual salary and benefit costs) of the individual fulfilling the request necessary to facilitate such access. This includes charges for requests for information involving searches. The fee will be based on the actual salary and benefit costs of the employee fulfilling the request.
      2. The District is not required to create a document or file to answer a GRAMA or other request for records. Should the requestor request a document that does not already exist, and if the District agrees to prepare such a document in its sole discretion, all personnel time (actual salary and benefit costs and duplicating costs to prepare that document) will be charged to the requestor.
      3. Requests for records intended to be used for marketing or recruitment other than specified will be denied.
      4. If possible, the District should estimate the preparation cost for such documents in advance, and if the projected costs exceed $50, receive the funds from the requestor prior to preparing the requested materials.

Revision history: 2/14/2012