Section (9000) ByLaws
Policy Name Board/School District Records
Policy Number 9330
Date Approved 10/10/1989
Date Revised 10/14/2003
Date Revised  
Date Revised  
Date Revised  
Policy

Any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by the board of education or the school district, whether handwritten, typed, tape-recorded, printed, photostated, photographed, or recorded by any other method is by definition a "public record" and access thereto during normal hours of business shall be granted to any citizen. All such records shall be maintained at the office of the superintendent of schools, who shall be the custodian of all public records of the district.

The superintendent, on behalf of the board of education, shall notify an employee and collective bargaining representative in writing when a request is made for disclosure of the employee’s personnel, medical or similar files, if the superintendent reasonably believes disclosure would legally constitute an invasion of the employee’s privacy. In such an instance, the Superintendent shall confer with the district attorney.

Not included in the category of public records to which the privilege of access is given are the following:

1. Preliminary drafts or notes provided the custodian or the board of education has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure.

2. Personnel or medical files and similar files, the disclosure of which would constitute an invasion of personal privacy.

3. Records pertaining to strategy and negotiations with respect to pending claims or pending litigation to which the district is a party until such litigation or claim has been adjudicated or otherwise settled.

4. Trade secrets which are defined as information, including formulas, patterns, compilations, programs, devices, methods, techniques, processes, drawings, cost data, or customer list that a) derive independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who contain economic value from their disclosure and use, and are subject to efforts that are reasonable under these circumstances to maintain secrecy; and b) commercial or financial information given in confidence.

5. Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations.

6. The contents of real estate appraisals, engineering or feasibility estimates and evaluation made for or by the district relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated (except that the law of public domain is not affected by this provision).

7. Records, reports and statements of strategy or negotiations with respect to collective bargaining.

8. Records, tax returns, reports and statements exempted by federal law or state statutes or communications privileged by the attorney-client relationship.

9. Names or addresses of students enrolled in the public schools without the consent of each student whose name or address is to be disclosed who is 18 years of ageor older and a parent or guardian of such student who is younger than 18 years of age, provided that this subsection shall not be construed as prohibiting disclosure of the names or addresses of students to military recruiters or institutions of higher learning consistent with the No Child Left Behind Act of 2002.

10. Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

11. Records of standards, procedures, processes, software and codes not otherwise available to the public, the disclosure of which would compromise the security or integrity of an information technology system.

Availability of Records

Any person shall receive promptly on request, a plain or certified copy of any public record except those which access is not permitted under law, at a cost not to exceed fifty cents per page.If any copy requested required a printout or transcription, or if any person applies for a printout or transcription of a public record, the fee shall not exceed the cost to the school district. The district will require pre-payment of the fee if the fee is estimated to be two dollars or more. There will be no sales tax for this service. There will be no charge if the person requesting the record is an indigent, the record requested is exempt from disclosure, or if, in the judgment of the custodian of records, compliance with the request benefits the general welfare.An additional charge of one dollar for the first page and fifty cents for each additional page may be made for certification of any records or of any fact within the record.

Legal Reference: Connecticut General Statutes

1-215Application for copies of public records

1-200Definitions

1-210Access to public records

1-214Public employment contracts as records

1-225Meetings of public agencies