Resolution Identifying Public Records and Providing Access Thereto
Be It Resolved by the Board of Education of Unified School District No. 458, Leavenworth, Kansas:
1. That the procedure adopted herein is designed to provide full access to public records, protect said public records from damage and disorganization, prevent excessive disruption of the school district≠s essential functions, provide assistance and information upon request and to insure efficient and timely action I response to applications for inspection of public records.
2. That the Board of Education of Unified School District No. 458, Leavenworth County, Kansas, pursuant to Section 6, Chapter 171, 1983 Kansas Session Laws, herewith adopts the following procedure to be followed by the school district and by members of the general public in requesting and providing access to and obtaining copies of public records.
a. Public Records
<" ">i. All public records as defined in Section 3 (f) (1) of H.B. 2327 (L.1983, Ch. 171) shall be open to the public for its inspection or copying with the exception of those records described in Section 7, Ch. 171, L. 1983.
b. Business Day
i. The school district≠s business day will be Monday through Friday from 8:00 a.m. to 4:00 p.m., except for days when school is not operated because of weather conditions and other conditions beyond the control of the board of education, and except for the following holidays and vacations: New Year≠s Day, Memorial Day, Independence Day, Labor Day, Good Friday.
c. Location of Public Records
i. All public records shall be housed at the U.S.D. No. 458 District Office, 2008 North 155 Street, Basehor, Kansas, and at the following additional locations: Basehor-Linwood High School, Basehor, Kansas; Basehor-Linwood Middle School, Linwood, Kansas; Basehor Elementary School, Basehor, Kansas; the Sixth Grade Center, Basehor, Kansas; Linwood Elementary School, Linwood, Kansas and Glenwood Ridge Elementary, Bonner Springs, Kansas.
d. Official Custodian of Public Records
i. All requests for inspection and copying of public records must be submitted in writing to the official custodian of public records in U.S.D. No. 458. The official custodian of public records is hereby designated to be: Superintendent of Schools, U.S.D. No. 458 District Office, 2008 North 155 Street, Basehor, Kansas, 66007.
e. Custodians of Public Records
i. The building principals are hereby appointed as the official custodian of all public records maintained in their respective buildings.
f. Written Requests
i. All requests for the inspection of and/or copying of public records shall be in writing and presented to the official custodian of public records. Such requests shall be made on a form provided by the school district, or on any other type of form which states the name and address of the person making the request and a description of the records sought to be examined and/or copied. The description shall be in such detail as to provide the custodian with sufficient information needed to identify and locate the records requested. The official custodian and each other custodian may, at his or her discretion, require the requester to provide proof of identification.
g. Charges or Fees for Copies of Public Records
i. Fees shall be charged for the providing of access to and the copying of public records. Fees for copies shall equal the actual cost of furnishing copies, including the cost of staff time required to make them. Fees for providing access to computer records shall include the cost of computer services, including staff time required. The board herewith adopts the following schedule of fees:
(1) For producing any record or records requiring fifteen minutes or less time of each staff person involved in the search for and production of such record or records: $10.00. For each additional one-fourth hour of search time or any part thereof: $6.00.
(2) For each copy of any document size of 8 1/2≈ x 14≈ or less: Fifty cents ($.50).
(3) For each copy of any document larger than 8 1/2≈ x 14≈: Seventy -five cents ($.75), provided that the school district has the capability of making such a copy.
(4) Whenever it is not practical to provide copies of records in the possession, custody and control of the custodian or the person designated by a custodian, the custodian may allow arrangements to be made for the use of other facilities; provided, however that no record shall be removed from the building in which it is normally kept without the consent and approval of the official custodian. If the use of such other facilities is necessary to copy, the cost thereof shall be paid by the person desiring a copy of the records. The school district may charge fees for the service rendered in supervising the copying and for furnishing copies pursuant to this section (5) which are different than those charges under other portions of this procedure. The amount to be charged for such services shall be determined by the custodian providing such copies.
(5) (5) All fees established by custodians pursuant to this resolution shall be reasonable and in compliance with Section 5 of L. 1983, Ch. 171. Fees for the furnishing of copies of public records shall be collected in advance by the official custodian or other custodian who provides such copies.
3. No original public records shall be removed from the custody of the official custodian or any other custodian without the written permission of the official custodian.
4. Each request for access to public records shall be acted upon as soon as possible, but not later than the end of the third business day following the date the request is received.
a. If access to a designated public record is not granted immediately, the official custodian shall give a detailed explanation of the cause for further delay, and the place and earliest time and date that the record will be available for inspection.
b. If a request is denied, the official custodian shall, upon request, provide a written statement of the grounds for the denial, shall cite the specific provision of law under which access in denied. Said written statement shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.
5. Copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices shall not be required to be furnished unless such items or devices were shown or played to public meeting of this board of education.
6. Copies of public records shall be made while the records are in the possession, custody and control of the official custodian and shall be made under the supervision of the official custodian.
7. Each building principal, as hereinbefore designated, is designated as official custodian of all records established and maintained at the building level. The superintendent shall develop guidelines for the compilation and use of all records. Such guidelines will be given to each employee of the district having responsibility for the maintenance of such records. These guidelines, when approved by the board, are considered to be incorporated in these rules by reference. 8. All charges or fees collected by the official custodian and other custodians shall be remitted at least monthly to the clerk of the district and shall be credited to the general fund.
9. On any day when the school district does not maintain regular office hours at the central office or at any attendance facility, the public shall be entitled to inspect and obtain copies of the school district≠s public records during those hours when the central office or attendance facility is open for business on such a day.
10. Employees of the district will be cautioned not to insert in any student≠s personnel record any alleged fact or hearsay, rumor or innuendo. School employees will record only observed behavior and will not record conclusions of generalizations based upon such behavior.
11. Each custodian shall file all requests and their dispositions in his office and make such reports as are requested by the superintendent or the board.
12. Employees are prohibited from making school records available for inspection and from giving or selling lists of any school records to any persons except as authorized in this Resolution.
13. Each principal or the superintendent or designated representative is held responsible for the destruction of records under his jurisdiction according to law, and all such records shall be kept for the minimum length of time as required by law.
14. This policy shall take effect and be in force from and after its adoption.
Revised: December 8, 2008