william bethke partner, kutz & bethke llc sabrina d’agosta director of policy &...
TRANSCRIPT
Document Management
for Charter Schools
William BethkePartner, Kutz & Bethke LLC
Sabrina D’Agosta Director of Policy & Communications, State of Colorado, and President Emeritus, Academy of Urban Learning
What are open records or sunshine laws? ◦ Freedom of Information Act (FOIA)◦ Colorado Open Records Act (CORA)◦ Family Education Rights and Privacy Act (FERPA)
What are they intended to do?
Are charter schools subject to them?
Open Records/Sunshine Laws
Adopt a records retention schedule◦ Align with any existing District policy◦ Colorado State Archives has suggested schedules:
www.colorado.gov/archives
Educate your staff and board
Ensure proper and timely records destruction◦ AND: don’t forget email.
Records Retention
Coordinate with any existing District policy Identify a records request liaison and
contact info Post the policy on your website Response is required 3 business days from
receipt◦ Narrow grounds for extensions
Fees must be in publicly-posted policy◦ Up to $30/hour and $0.25 per copy
Have a Policy for Handling Requests
Do you have responsive documents?
Are you the custodian? You are never required to create
a record◦ In some instances, such as with large
databases, creating a record is preferable All potentially responsive records should be
reviewed by a professionally trained records liaison to determine what should be released
All responsive records should be redacted as allowed/required by applicable laws
Responses should be formal written documents
Responses & Redaction
Student “educational records” are separately regulated by a federal law, known as FERPA.◦ Family Educational Rights and Privacy Act,
20 U.S.C. § 1232g. 34 C.F.R. Part 99. In general, only the parent and students or
a proper official has a right to such record ◦ very, very rarely a member of
the public (or another parent or student); and never because they are a member of the public.
FERPA
Medical Special education Disciplinary Family identity The “sole possession
record” exception “Need to know”
restrictions
FERPA – Scope
Annual notice and parent access◦ Defining “parent”◦ Parents may request correction of records, and receive
a hearing on the request. … restricts access to those
with “legitimate educational interests.” ◦ When do other teachers have
legitimate interests in students not in their classes?
◦ Can volunteers be treated like employees?
FERPA – Inside the School
General Rule: Disclosure of student records to others permitted only by parent (or adult student) permission.
Exceptions: ◦ Health or safety emergencies◦ Use in studies conducted for
the school
FERPA – Outside the School
Rarely, but the issue can arise if the school has records that reflect the following issues:◦ Contraception;◦ Treatment of sexually transmitted
diseases;◦ Drug abuse and treatment; and◦ Mental health treatment (especially of students
15 or older); Best practice is to attempt to secure
student consent to appropriate parental involvement.
Are records about students ever “private” from parents?
How is “meeting” defined?
Noticing a meeting
Meeting agendas
Meeting minutes
Executive session recordings
Public meetings
When does it constitute a meeting?
What is public?
Separate accounts for board members
What to keep and for how long?
Staff email
The Public School Financial Transparency Act requires that you post online:• Annual budget,• Audited financial statements
(when complete),• Salary schedules or policies,• Accounts payable check registers,
credit, debit and purchase card statements, and
• Investment performance reports or statements.
• Your Form 990 must be made widely available to the public, either online or by immediately providing copies upon request.
Financial Transparency
Kutz & Bethke is available to assist with writing policies, records management and records request responses
◦ www.lawkb.com◦ 303-922-2003◦ William Bethke,
[email protected]◦ Sabrina D’Agosta,
Questions?