william bethke partner, kutz & bethke llc sabrina d’agosta director of policy &...

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Document Management for Charter Schools William Bethke Partner, Kutz & Bethke LLC Sabrina D’Agosta Director of Policy & Communications, State of Colorado, and President Emeritus, Academy of Urban Learning

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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

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,

[email protected]

Questions?