Procedure BDDL-AP(1): Release of Information - Records Requests

Responding to Requests

The custodian of records (“custodian”) will respond to requests for records inspection or copying as soon as possible but no later than the end of the third business day following the date the custodian receives the request. The three-day requirement may be exceeded for reasonable cause. If access is not granted immediately, the custodian will give a detailed explanation of the cause of the delay and the place and earliest time and date the record will be available.

If access is denied, the custodian will provide, upon request, a written statement of the grounds for the denial. The statement will cite the specific provision of the law under which access is denied and will be provided to the requester no later than the third business day following the date that the request for the statement was received.

If a record contains both open and closed information, the custodian will separate or redact the closed information and make the open information available for examination and copying. If the separation is readily apparent, the custodian will generally describe the material redacted unless that description reveals the contents of the redacted information.

Format

If records are requested in a certain format, the custodian will provide the records in the requested format if such format is available.

Inspection of Records

A person may request to inspect records instead of receiving a copy. When such a request is made, the custodian will provide the records in a secure location and take precautions to ensure that the records are not removed, modified, altered or destroyed. It is against the law for a person to remove original public records from a district office without written permission from the custodian. The requesting party may be charged for the staff time to collect the records.

Fees

In general, the custodian will charge and collect fees for copying, duplicating time and research time. The custodian may require payment of copy fees prior to copying. Copies may be furnished free or at a reduced rate if the superintendent or designee determines that the request is in the public interest because it is likely to contribute to public understanding of the operations or activities of the district and is not primarily based on commercial interests. Copying fees shall not exceed ten cents per page for a paper copy not larger than nine by fourteen inches. The hourly fee for duplicating time will not exceed the average hourly rate of pay for clerical staff of the district. Research time required for fulfilling records requests may be charged at the actual cost of the research time. The district will produce the copies using the employees that result in the lowest charge for search, research and duplication time.

Fees for providing access to computer records, recorded tapes, disks, videotapes, films, pictures, maps, slides, graphics, illustrations, or similar audio or visual items, and for paper copies larger than nine by fourteen inches, shall include only the cost of copies, staff time and the cost of the disk, tape or other medium used for the duplication. Charges for staff time will not exceed the average hourly rate of pay for district staff required for making copies and programming, if necessary. Fees may include the actual costs of programming if programming is required beyond the customary and usual level to comply with a request for records or information. Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the required trained personnel.

Fees may be charged for research time required for fulfilling the request but not for the cost of attorney review.

The district will not charge a fee for the costs of searching for or retrieving records provided to parents/guardians requesting their student's records. However, the district may charge a fee for copies and duplication unless by doing so it effectively denies the parents/guardians their rights under the Family Educational Rights and Privacy Act (FERPA).