Administrative Rules And Procedures to Implement Policy 1003

Public Access to School Records – Examinations, Making Memoranda, and Copying

1. School district records may be examined at the school district offices during the hours such offices are open for the ordinary transaction of business. School district offices will be open for the ordinary transaction of business (a) during the school year on such days as school is in session, and (b) during the summer months when school is not in session, Monday through Friday when an administrator is present, except legal holidays.

2. School records may be obtained in the form in which the school record is maintained or produced including, but not limited to, printouts, electronic data, disc, tapes, and photocopies. The school district will not be required to produce or generate any school district record in a new or different form or format modified from that of the original school district record. Copies of school district records may be made as follows:

(a) Copies may be made by citizens or other persons using their own copying or photocopying equipment, provided that such copies shall be made on the premises of the school district offices or at a location mutually agreed to by the requester and the school district.

(b) Copies may be obtained from the school district if the school district has copying equipment reasonably available, and upon payment of a fee for providing copies of such school district records. The Administration shall establish a fee schedule for the copying of school district records, provided that such fee is not to exceed the actual cost of making the copies available. Actual costs of making copies available include: paper, discs, and other hard copy materials, copier device costs (equipment lease, depreciation and maintenance), electricity and the cost of personnel. If the copies requested are estimated by the school district to cost more than fifty dollars ($50.00), the school district may require the requester to furnish a deposit prior to fulfilling such request.

3. Upon written request for access to school district records, the school district will provide to the requester as soon as is practicable and without delay, but not more than four (4) business days after actual receipt of the request:

(a) Access to or, if copying equipment is reasonably available, copies of the school district records requested;

(b) A written denial of the request, or portion thereof, if there is a legal basis for such denial of access to school district records on a written form from the school district.

(c) If the entire request cannot with reasonable good faith efforts be fulfilled within four (4) business days after actual receipt of the request due to the significant difficulty or extensiveness of the request, the school district shall provide a written explanation including the earliest practicable date for fulfilling the request, and estimate of the expected cost of any copies and an opportunity to modify or prioritize the items with the request.

Legal Reference:
Neb. Rev. Stat. 84-712 et. seq.

Approved: August 14, 2000
Revised: September 11, 2006

 

Denial of Access to School District Records Form

Name of Requester: ___________________________________

Date of School Record Request: _____________________________

Name of Administrator Denying Record Request: ____________________

Description of Records Requested (Actual written request for record may be attached):

 

__________________________________________________

Please be advised that the school district has determined that there is a legal basis for a denial of access or copies to all or a portion of the school record requested, and hereby provides the following information in regarding such denial:

A. Description of the contents of the records withheld:

 

B. Statement of the specific reasons for the denial (Correlate specific portions of the records to specific reasons; include citation of statute expressly providing that particular information or records shall not be made public):

 

NOTICE: Pursuant to Neb rev. Stat. 84-712.03, you may have a right of judicial or administrative review of the denial of access to school district records set forth above, including a right to petition for a writ of mandamus, or petition the Attorney General to review the record to determine if it may be withheld from public inspection.

 

Explanation of Delay in Fulfilling Request for School District Records

Your entire request for school district records cannot with reasonable good faith efforts be fulfilled with four (4) business days after actual receipt of such request due to (check all applicable):

______ Significant difficulty in compiling or copying such records.

______ Extensiveness of the request.

 

A. Additional Explanation:

 

B. Projected Date of Fulfilling Request:

 

C. Projected Cost of Copies: $ .

 

Modification or Prioritization of Request: You may modify or prioritize the items in your request to expedite the availability of the school records requested. Please set forth your modification or prioritized items in the space provided below and return to the business office

 

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