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                                            OPEN RECORDS ACT

(REGULATION)

 

 

In accordance with the policy of the board of education to recognize and facilitate the public's right of access to and review of the district's public records, the following regulations shall apply:

 

Public access to district records shall be provided in accordance with applicable federal and state laws and regula­tions.  The district shall implement the following procedures to provide prompt and reasonable access to its records in a manner that protects the integrity and organization of its records and prevents excessive disruptions of its essential functions.

 

   1.       Records specifically exempted by law from public inspection and copying are also exempted from this policy, including but not limited to:

 

             A.   Records which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation.

 

             B.   Records where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transcripts from institutions of higher education maintained in the personnel files of certi­fied public employees (may disclose degree obtained and curriculum on the transcripts of certified public employees).

 

             C.   Records of what transpired during meetings of the district's board of education lawfully closed to the public, such as executive sessions authorized under the Oklahoma Open Meeting Act.  The following information may be kept confidential:

 

                    1.     Investigative evidence of a plan or scheme to commit an act of terrorism;

 

                    2.     Assessments of the vulnerability of government facilities or public improvements to an act of terrorism and work papers directly related to preparing the assessment of vulnerability;

 

                    3.     Plans for deterrence or prevention of or protection from an act of terrorism;

 

                    4.     Plans for response or remediation after an act of terrorism;

 

                    5.     Information technology of a public body or public official but only if the information specifically identifies:

 

                                a.     Design or functional schematics that demonstrate the relationship or connections between devices or systems;

 

                                b.     System configuration information;

 

                                c.     Security monitoring and response equipment placement and configuration;

 

                                d.     Specific location or placement of systems, components, or devices;

OPEN RECORDS ACT, REGULATION (Cont.)

 

 

 

 

                                e.     System identification numbers, names, or connecting circuits;

 

                                f.     Business continuity and disaster planning, or response plans; or

 

                                g.     Investigation information directly related to security penetrations or denial of services; or

 

                    6.     Investigation evidence of an act of terrorism that has already been committed.

 

                    The term “terrorism” means any act encompassed by the definitions set forth in Section 1268.1 of Title 21 of the Oklahoma Statutes.

 

             D.   The home address or social security number of any employee or former employee.

 

   2.       Requests for the inspection and copying of district records will be accommodated by district personnel des­ig­nated to release district records for inspection and copying as soon as it is determined the requested re­cords are not exempt from inspection and copying.  Such determination may require the consideration of the superin­tendent and/or the district's attorney.  Records shall only be available during the regular business hours of the district's administration building.

 

   3.       The superintendent shall charge a fee to recover the reasonable direct costs of copying district records.  The superintendent shall also charge a fee for the direct costs of searching for district records sought for solely commercial purposes or for searches which cause excessive disruption to the district's essential functions.  Search fees shall not be charged for records sought in the public interest, including, but not limited to re­leases to the news media, scholars, authors, and taxpayers seeking to determine whether officials of the dis­trict are honestly, faithfully, and competently performing their duties as public servants.  Fees for copies shall be paid in advance before the copies are made.  A deposit may be required for search fees.  The fee schedule for searching for and copying of district records shall be as follows:

 

                                                          Copies:  8 1/2" x 11" - $.­­­­­25 per copy

                                                          8 1/2" x 14" - $.25 per copy

                                                          Search fee:  $25.00 per hour

 

              The referenced fees shall be posted at the principal office of the school district and with the county clerk.

 

   4.       The following records shall be kept confidential by the district:

 

             A.   Individual student records;

 

             B.   Teacher lesson plans, tests, and other teaching material; and

 

             C.   Personal communications concerning individual students;

 

OPEN RECORDS ACT, REGULATION (Cont.)

 

 

 

 

             D.   Personnel records which relate to internal personnel investigations including examination and selec­tion material for employment, hiring, appointment, promotion, demotion, discipline, or resignation; or

 

             E.   Personnel records whose disclosure would constitute a clearly unwarranted invasion of personal pri­vacy such as employee evaluations, payroll deductions, or employment applications submitted by per­sons not hired by the public body.

 

   5.       An employee of the district shall have a right of access to the employee's own personnel file.

 

 

 

 

REFERENCE:    51 O.S. §24A.5

                                51 O.S. §24A.27