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KBA - Public Records

Policy KBA

Code:  KBA
Revised/Readopted:  12/11/17
Adopted:  11/13/12
Orig. Code(s):  KBA

Every person has a right to inspect any public record of the school district, except as expressly provided by law including Oregon Revised Statute (ORS) 192.410-192.505.

“Public record” means any information that:

  1. Is prepared, owned, used or retained by the district;
  2. Is related to an activity, transaction or function of the district; and
  3. s necessary to satisfy the fiscal, legal, administrative or historical policies, requirements or needs of the district.

Public record does not include messages on voice mail or on other telephone message storage and retrieval systems or spoken communication that is not recorded.

A request to inspect or receive a copy of a public record shall be in writing and will be presented to the superintendent or designee.

Board meetings and records will be matters of public information subject to such restrictions as are set by federal law or regulation, by state statute or by pertinent court rulings.

The Board’s official minutes, its written policies and its financial records will be available at the superintendent’s office for inspection by any member of the public desiring to examine them during hours when the superintendent’s office is open.  All such information will be made available to individuals with disabilities in any appropriate format upon request and with appropriate advanced notice.  Auxiliary aids and services available to ensure equally effective communications to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.

No records will be released for inspection by the public or any unauthorized persons – either by the superintendent or any other person designated as custodian for district records – if such disclosure would be contrary to the public interest, as described in state law.

The Board reserves the right to establish a fee schedule which will reasonably reimburse the district for the actual cost of making public records available pursuant to law.  The district will not be obligated to complete a request for which the requester has not paid the fee as permitted by state law.  There will be no additional charge for auxiliary aids and services provided for qualified persons with disabilities.

Employee and volunteer addresses, electronic mail addresses (other than district electronic mail addresses assigned by the district to district employees), social security numbers, dates of birth and telephone numbers contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.445 and ORS 192.502(3).  Such information may be released only upon the written request of the employee or volunteer or as otherwise provided by law.  This exemption does not apply to a substitute teacher, as defined in ORS 342.815, when requested by a professional education association of which the substitute teacher may be a member.  District electronic mail addresses assigned by the district to district employees are not exempt.

The district will not disclose the identification badge or card of an employee without the employee’s written consent if the badge or card contains the employee’s photograph and the badge or card was prepared solely for internal use by the district to identify district employees.  A duplicate of the photograph used on the badge or card shall not be disclosed.

The district shall not, in accordance with state law, disclose personal information for the purpose of enforcement of federal immigration laws.

Petition to appeal the denial of the right to inspect any public record held by the district may be made pursuant to ORS 192.540.

The district shall retain and maintain its public records in accordance with Oregon Administrative Rule (OAR) 166, Division 400.

END OF POLICY


Legal Reference(s):

ORS Chapter 192

OAR 137-004-0800(1)
OAR 166-400

SB 481 (2017)

HB 3464 (2017)

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2012); 29 C.F.R. Part 1630 (2017); 28 C.F.R. Part 35 (2017).

Oregon Dep’t of Justice, Oregon Attorney General, Public Records and Meetings Manual (2014).

Americans with Disabilities Act Amendments Act of 2008.

KBA-AR

Code:  KBA-AR
Revised/Readopted:  3/1/06
Adopted:  4/1/00
 

In compliance with ORS 192.430, 192.445 and 192.502, the following guidelines apply to the dissemination, inspection and examination of the public records of the district:

  1. All requests for information must be channeled through the superintendent or superintendent's designee;
  2. Requests for information concerning sensitive, technical or emotional issues may be required to be submitted in writing and the district will respond in writing within a time frame consistent with the request.  Reasonable accommodations will be provided for persons with disabilities upon request and with appropriate advance notice;
  3. Where the labor effort exceeds 30 minutes, labor, material and out-of-pocket charges will be reimbursed to the district.  Labor will be calculated at the hourly rate of the employee affected.  Materials and out-of-pocket charges will be reimbursed at the established rate.  Auxiliary aids and services for qualified persons with disabilities will be available at no additional charge;
  4. The district reserves the right to restrict the inspection of some public records to the district's facilities;
  5. The district reserves the right to withhold, upon written request, an individual's home address or personal telephone number;
  6. Information will be made available to individuals with disabilities in an appropriate format upon request and advance notice.  Auxiliary aids and services available to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.
Employee Home Address or Personal Telephone Number

Employee addresses and telephone numbers contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.445 and 192.502 (3).  Such information may be released only upon the written request of the employee or as otherwise provided by law.