1 Page 1 of 10 SECTION 1. DEFINITIONS 1.1 Public Records Include, but are not limited to, any Writing containing information relating to the conduct or administration of the District s business that is prepared, owned, used, or retained by the District, regardless of the physical form or characteristics and includes containing information relating to the conduct and administration of District business. 1.2 Writing Includes, but are not limited to, handwriting, typewriting, printing, photos tatting, photographing, and every means of recording, including words, pictures, audio recordings, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums, or other documents. 1.3 Inspect Includes the right to listen, view, and make notes of Public Records, so long as the Public Record is not altered or damaged. 1.4 Copies Includes transcribing by handwriting, photocopying, duplicating machine, and reproducing by any other means, so long as the Public Record is not altered or damaged. Investigatory Record: Means information with respect to an identifiable Person, group of Persons or entities compiled by the school District pursuant to its statutory authority in the course of investigating a specific act, omission, failure to act, or other conduct over which the school District has regulatory authority or Law Enforcement authority. 1.5 Law Enforcement Agency Means any State or Local Agency given Law Enforcement powers or which has authority to investigate, enforce, prosecute or punish violations of state or federal criminal statutes, ordinances or regulation. 1.6 Local Agency Means a county, city, school district, Municipal Corporation, district, public health district, political subdivision, or any agency thereof, or any committee of a Local Agency, or any combination thereof. 1.7 Person Means any natural person, corporation, partnership, firm, association, joint venture, State or Local Agency or any other recognized legal entity. 1.8 Public Agency Means any state, county, local district or governmental official or employee, whether elected, appointed or hired. 1.9 Public Official Means any state, county, local district or governmental official or employee, whether elected, appointed or hired School District Records Includes, but is not limited to, any Writing containing information relating to the conduct or administration of the public s business prepared, owned, used or retained by the school District regardless of physical form or characteristics, but does not include any record governed under the student records policy State Agency Means every state officer, department, division, bureau, commission and Board or any committee of a State Agency including those in the legislative or judicial branch, except the state militia.
2 Page 2 of Custodian The District employees who have physical custody and control of the Public Records, including those employees who respond to requests for information on a routine basis. Custodian also includes the Person, whether elected or appointed, who is legally responsible for administration of the District, or that Person s designee. SECTION 2. RIGHT TO ACCESS PUBLIC RECORDS 2.1 The public has the right to access this District s Public Records. This policy sets forth the procedure for accessing Public Records. The purpose of this policy and procedure is to comply with a request for disclosure of Public Records. SECTION 3. POLICY DOES NOT APPLY TO STUDENT RECORDS 3.1 This policy does not apply to student records that are covered in Policy No Education Records Disclosure. The District fully incorporates all protections and exemptions afforded under state law for the disclosure of student records. SECTION 4. EXEMPT MATERIALS FROM PUBLIC REVIEW 4.1 The Idaho Legislature has set forth particular records that are exempt from disclosure to the public. All employees should be aware of the following exemptions that apply to this school District. The following list sets forth some of the designated exempt records: Exempted by State or Federal Law: Any Public Record exempt from disclosure by federal or state law or federal regulations to the extent specifically provided for by such law or regulation. This includes, but is not limited to, student records under the Family Educational Rights and Privacy Act Trade Secrets: Trade secrets including any contained in response to a Public Agency s request for proposals, requests for clarification, request for information and similar requests. "Trade secrets" as used in this subsection means information, including a formula, pattern, compilation, program, computer program, device, method, technique, process, or unpublished or in process research that: a. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other Persons who can obtain economic value from its disclosure or use; and b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy Appraisal Records: Records relating to the appraisal of real property, timber, or mineral rights, prior to its acquisition, sale, or lease by the District Cost Estimates: Any estimate prepared by the District that details the cost of a public project until such time as disclosed or bids are opened, or upon award of the contract for construction of the public project.
3 Page 3 of Library Records: The records of a library that, when examined alone or when examined with other Public Records, would reveal the identity of the library patron checking out, requesting, or using an item from the library Library Materials: The material of a library which has been contributed by a private Person, to the extent of any limitation that is a condition of the contribution Examination Materials: Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given if the examination is to be used again. Records establishing procedures for and instructing Persons administering, grading, or evaluating an examination or testing procedure to the extent that disclosure of said records would create a risk that the result might be affected Retired Employees: Retired employees and retired Public Officials home addresses, home telephone numbers Personal Information: Any personal records, other than names and addresses, such as parentage, race, religion, sex, height, weight, tax identification and social security numbers, financial worth or medical condition submitted to the school District pursuant to a statutory requirement for licensing, certification, permit or bonding License Inquiries: Unless otherwise provided by school rule, information obtained as part of an inquiry into a person s fitness to be granted or retain a license, certificate, permit, privilege, commission or position as maintained or contained in school District s personnel files Computer Programs: Computer programs developed and purchased by or for the District for its own use. As used in this subsection, computer program means a series of instructions or statements which permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from the computer system, and any associated documentation and source material that explain how to operate the computer program. Computer program does not include: a. The original data including, but not limited to, numbers, texts, voice, graphics, and images; b. Analysis, compilation, and other manipulative forms of the original data produced by use of the program; c. The mathematical or statistical formulas that will be used if the manipulative forms of the original data were to be produced manually Unemployment Insurance: Employment security information and unemployment insurance benefit information, except that all interested parties may agree to waive the exemption.
4 Page 4 of Medical Records: Records of hospital care, medical records, records of psychiatric care or treatment and professional counseling records relating to an individual s condition, diagnosis, care or treatment as contained or maintained in School District s files. This exemption from disclosure shall not apply to the extent that such records or information contained are necessary for background check on an individual that is required by federal law regulating the sale of firearms, guns, or ammunition Juvenile Records: Records of a Person maintained pursuant to Chapter 5, Title 20, Idaho Code, except that facts contained in any records of a juvenile maintained under the Juvenile Correction Act will be furnished upon request to any district where the juvenile is enrolled or is seeking enrollment. If a juvenile is fourteen (14) years or older and is adjudicated guilty of an offense that would be a felony if committed by an adult, the name, the offense of which the juvenile was adjudicated, and the disposition of the court will be disclosed Personnel Records: Except as provided in this subsection, all personnel records of a current or former employee other than the employee s public service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace, and employing District. All other personnel information relating to the employee or applicant, including, but not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing and scoring materials, grievances, employee security information, correspondence, and performance evaluations, will not be disclosed to the public without the employee s or applicant s written consent. An employee or authorized representative may Inspect and copy his or her personnel records, except for material used to screen and test for employment Insurance Records: Records of any risk retention or self-insurance program prepared in anticipation of litigation or for analysis of or settlement of potential or actual money damage claims against this School District and/or its employees and/or its insurers, except as otherwise discoverable under the Idaho and/or Federal Rules of Civil Procedure are herein designated to include, but are not limited to, claims, evaluations, investigatory records, computerized reports of losses, case reserves, internal documents correspondence relating thereto; and including any attorney/client privilege communication and any attorney work product privilege Investigatory Records: Investigatory records of a Law Enforcement Agency as defined in Idaho Code 9-337(5) and under the conditions set forth in said Section Records of a personal nature relating directly or indirectly to the application for and provision of statutory services rendered to Persons applying for public care for the elderly, indigent, or mentally or physically handicapped, or participation in an environmental or a public health study, but this exemption does not apply to the extent that such records or information contained in those records are necessary for
5 Page 5 of 10 background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition Records of the Department of Health and Welfare or a Public Health District that identifies a Person infected with a reportable disease. SECTION 5. RECORDS CONTAINING A COMBINATION OF BOTH EXEMPT AND NON-EXEMPT MATERIALS 5.1 When exempt and non-exempt materials are combined, the District is responsible for separating the exempt from the non-exempt information and for supplying the non- exempt record. The Public Records Law prohibits denying access based on the fact that the record contains both types of materials. 5.2 Even if an exemption applies to a record, the law allows disclosure of statistical information that does not identify any particular Person. SECTION 6. PROCEDURES FOR REQUESTING PUBLIC RECORDS 6.1 Every Person has a right to examine or to have a copy of a School District Record of this District, which records are open to inspection during normal working hours. Although the Public Records Law allows this District to require written requests for information, it is this District s policy to waive the formal requirement in those cases where the information requested is readily available and routinely provided by this District. 6.2 Under some circumstances, however, this District may ask the individual or organization seeking the information to put the request in Writing, and to provide the individuals or organization s name, mailing address, and telephone number. Those circumstances include instances when uncertainty exists over what the individual wants, when uncertainty exists over whether the information requested is protected or privileged, or when compiling or copying the information requested is anticipated to be unduly time- consuming or difficult. 6.3 The law prohibits asking why the information is needed, except to verify the identity of a Person requesting a record to ensure that the requested record or information will not be used for purposes of a mailing or telephone list prohibited by Idaho Code Section This District is permitted to explain what records are available and to help identify the material that is desired. This District is also permitted to allow the Person to examine non-exempt files in order to select the specific records needed. 6.4 The right to copy a District record includes the right to make photographs, or photographic, or other Copies while the records are in the possession of the Custodian of the District records, using equipment provided by the District or using equipment designated by the Custodian. The Custodian of the District records shall give a Person, on demand, a certified copy of a record that is not exempt from copying or is able to be copied, or shall furnish a reasonable opportunity to Inspect or copy such record.
6 Page 6 of Staff must maintain vigilance to see that records are not altered or destroyed, but the law prohibits examination of any copy, photograph, or notes in the Person s possession. 6.6 The Custodian shall not review, examine or scrutinize any copy, photograph, or memorandum in the possession of any such Person or of any Person requesting a copy and shall extend to that Person all reasonable comfort and facility for the full exercise of the right granted to copy such records. 6.7 A request for records, whether submitted informally or in writing, must be granted or denied within three (3) working days. The designated Custodians are authorized to determine that a request cannot be fulfilled within three (3) working days. If more than three (3) working days are needed to locate or retrieve the records, the individual seeking the records will be requested to submit a written request. The request must be granted or denied in whole or in part within ten (10) working days. Provided that, if it is determined that a requested electronic record exists but must first be converted to another electronic format, and that such conversion cannot be completed within ten (10) days, the Custodian shall notify the individual requesting the record in Writing. The District shall provide the converted Public Record at a time mutually agreed upon between the District and the requesting party, with due consideration given to any limitations that may exist due to the process of conversion, or the use of a third party to make the conversion. 6.8 If no answer is provided by this District within ten (10) working days, the request will be deemed to have been denied. 6.9 A Person s right to Inspect and amend records appertaining to that Person, does not include a right of that Person to review otherwise exempt investigatory records of the District. If the investigation is ongoing, or if the information is compiled and is in reasonable anticipation of civil action or proceeding, which is not otherwise discoverable in a court of law or is otherwise exempt from disclosure by State or Federal law. SECTION 7. MEDIA REQUESTS 7.1 All requests by the media, i.e., interviews, information, must be referred to the District Office. The Superintendent or designee will be the first responder for media inquiries. All requests for exemption from applicable fees are subject to review under Section 9 of this Policy. SECTION 8. DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBERS LISTS PROHIBITED 8.1 This District will not distribute or sell for use as a mailing list or a telephone number list any list of Persons, including students and employees, without first securing the permission of those individuals named on the list. This District will verify the identity of a Person requesting a record to ensure that the requested record or information will not be used for purposes of a mailing or telephone list.
7 Page 7 of 10 SECTION 9. COSTS FOR PROVIDING PUBLIC RECORDS 9.1 The Public Records Law permits this District to charge for the actual cost of copying records or for providing a duplicate computer tape, computer disc, microfilm, or similar or analogous record system containing the Public Record information requested. The District s actual cost of conversion, if the existing record is converted to another electronic form, may be charged to the requesting party. The copying fee schedule will be made available to those individuals requesting Copies and will be updated from time to time as necessary to reflect the actual copying costs to the District. 9.2 The fee charged for providing information in the form of computer tapes, disks, microfilm, or similar record media, may not exceed the amount of the direct cost of copying. If the information is also available in publication form, the District may offer the published material to the individual or organization at the standard cost of selling the publication. 9.3 This District may also charge, at the discretion of the Custodian of the records, the actual labor cost, which will include the hourly wage and cost of benefits of the employee associated with locating and copying documents when: The request is for more than one hundred (100) pages of paper records; or The request includes records from which nonpublic information must be deleted; or The actual labor, as defined above, associated with locating and copying documents for a request exceeds two (2) Person hours Public Record Fee Schedule: Copying Costs, per page [over 100 pages] $.15 Administrative fee for requests which involve labor costs for more than 100 pages, or include records from which non-public information must be deleted, or when $25.00 per hour actual labor associated with locating and copying documents exceeds two (2) person-hours [not including time for preparing first 100 pages] Attorney fee for requests requiring redactions $ per hour Duplication of computer tape, computer disks, microfilm, or similar or analogous record system Actual costs incurred 9.4 This District may require advance payment of the photocopying charges for major copying work. A decision on whether to require advance payment will be made by a Custodian of the records. 9.5 The Custodian or designated employee, who administers the District s response to a request for examination or copying, may choose to allow the staff, as time permits, to transmit a small number of District records via facsimile or electronic mail upon the condition that the requesting Person pay the telecommunications charges.
8 Page 8 of No cost or fees for Copies or labor will be charged by this District when the requester demonstrates, to the Superintendent s satisfaction in consultation with the School District s legal counsel, each of the following are present: The requester's examination and/or copying of public records is likely to contribute significantly to the public's understanding of the operations or activities of the government; The requester's examination and/or copying of public records is not primarily in the individual interest of the requester including, but not limited to, the requester's interest in litigation in which the requester is or may become a party; and The requester's examination and/or copying of public records will not occur if fees are charged because the requester has insufficient financial resources to pay such fees. 9.7 When necessary, a designated Custodian may authorize an examination of records to be done outside of regular working hours. In this event, the Persons designated to represent the Custodian during such examination will be entitled to reasonable compensation to be paid to them out of funds provided in advance by the Person examining the records. 9.8 If there is a request to mail Copies of documents to an individual, the Custodian may request advanced payment for the Copies and a stamped, self-addressed envelope large enough for the number of Copies. If the information requested is unusual, or if there is confusion about what is being sought, the individual may be asked to submit the request in writing, along with advance payment for Copies and a stamped, self-addressed envelope large enough for the number of Copies. If it is deemed unnecessary to receive a written request, advance payment or a selfaddressed, stamped envelope, any or all of the requirements may be waived. Any questions should be referred to a Custodian of the records. SECTION 10. INSPECTION AND CORRECTION OF AN INDIVIDUAL S RECORDS 10.1 An individual may Inspect, copy, and request correction of Public Records pertaining to that Person, except those portions of records that are exempt from disclosure. Such requests will be referred to a designated Custodian immediately. A correction, or a written refusal to make the correction, must be made within ten (10) calendar days If a request to correct an individual s record is denied, written notification is required within ten (10) calendar days of the receipt of the request. A notice of refusal to amend a record must state the reasons for the refusal, and provide the statement of appeal rights and certificate of mailing as set forth below.
9 Page 9 of 10 SECTION 11. DENIAL OF REQUESTS 11.1 If there is any doubt about whether information should be disclosed, the Person who is making the request will be asked to submit that request in Writing. The written request will immediately be directed to a designated Custodian If a request for a record is denied in whole or in part, the Person making the request must be notified in Writing. This notice must include: A statement that an attorney for the District has reviewed the request, or that the District had the opportunity to consult with an attorney and has chosen not to do so; The statutory basis for the denial; A simple statement of the right to appeal and the time limit for an appeal A certificate of mailing must accompany the notice The time limit for filing an appeal is one hundred eighty (180) days from the date the notice of denial is mailed. The sole remedy for protesting the District s decision is to file a petition in the District court of the county where the records or some part of them are located, requesting the court to compel the District to make the information available or to correct the record When a request is denied, the requested records must be retained until the end of the appeal period, until there has been a decision on an appeal, or as otherwise provided by the Public Records Law, whichever is longer. Whenever a request is denied, there must be some indication made on the record that it must not be purged without the approval of a designated Custodian. SECTION 12. PENALTY AND IMMUNITY 12.1 The Public Records Law provides a penalty of up to one thousand dollars ($1,000) for deliberate, bad faith denial of information that should be disclosed. The Public Records Law also provides immunity from liability for the release of records as long as there is a good-faith attempt to comply with the law s requirements. Therefore, it is important that any questions or any requests that seem doubtful be immediately referred to a designated Custodian. LEGAL REFERENCE: Idaho Code Section: Idaho Code Section 9-337, et seq CFR Part 99 Cowles Publishing Company v. Kootenai County Board of Commissioners, et al., Idaho S. CT.Op (May 4, 2007) Exhibit a- Notice of Records Disclosure Policy Exhibit b- Request for Public Records
10 Page 10 of 10 Exhibit c- Response FIRST READING: February 10, 2003 ADOPTED: March 10, 2003 AMENDED: December 11, 2006 AMENDED: February 4, 2008 AMENDED: February 14, 2011 AMENDED: November 9, 2016 AMENDED: April 11, 2016 REVISED: June 13, 2016