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NEGLECTED, OR

DEPENDENT

CHILDREN

the child is abused, neglected, or dependent or if the child has been

adjudicated as abused, neglected, or dependent.

The district responsible for sending the records may request a copy of

the court order regarding the child’s custody or placement but may not

withhold the student’s records pending receipt of that copy.

RECORDS OF

SUMMER ACTIVITIES

If a board of education provides or approves for students’ summer

activities (which must be approved by parents), the superintendent is

required to “cause records” to be kept of those activities which are

assigned and completed. Interestingly, such summer activities can be

required for promotions or graduation, but they then become subject to

the approval of the state board of education.

3313.57

RECORDS

REQUESTS, PUBLIC

Generally speaking, ORC Section 149.43 governs the release of

records. With the exception of records exempted in this section of law, all

public records responsive to this request shall be promptly prepared for

inspection “at all reasonable times during regular business hours.”

(Subsequent sections do provide for some additional limited exceptions.)

In addition, the person responsible for the records shall make copies of

the requested public records “within a reasonable period of time” and at

cost (which may not include staff time). However, the statute is generally

interpreted liberally so long as information protected by federal statute is

not released. This would include certain student records covered by the

Family Educational Rights and Privacy Act (FERPA). Please see

Appendix S

for additional information on FERPA, including model

notices to parents.

In particular, if a public body denies a records request, ORC

149.43(B)(3) requires that the public body must provide the legal

authority for the denial of the request.

Appendix P

is the most recent list

of legal citations (as compiled by BASA legal counsel Bricker & Eckler)

that might be used in the denial of the records request.

149.43

RECORDS,

TRANSFERRING

STUDENT

A school district or school is prohibited from altering, truncating,

or redacting any part of a student's record so that any information

on the record is rendered unreadable or unintelligible during the

course of transferring that record to an educational institution for

a legitimate educational purpose.

3319.323

RECORDS,

WITHHOLDING

STUDENT

Boards of education are permitted to adopt a schedule of fees for

materials used for instruction and a schedule of charges which may be

imposed upon students for the loss, damage, or destruction of school

apparatus (e.g. equipment, musical instruments, library material,

textbooks, or electronic textbooks) or damage to school buildings. The

payment of these fees and charges may be enforced by withholding the

student’s grades and credits.

However, no student eligible for a free (not reduced price) lunch can be

charged a fee for any materials used in a course of instruction. This

broad exemption does not apply to the loss, damage, or destruction

cited above. It also does not apply to any charges for non-instructional

purposes (e.g. “pay to participate” fees, parking permits, etc.) nor to fund

raising activities.

The permission to withhold grades and credits does not apply in the

case of abused, neglected, or dependent children. See

RECORDS OF

ABUSED, NEGLECTED, OR DEPENDENT CHILDREN

above.

3313.642

RECREATIONAL

WORKERS

Boards of education of city, exempted village, and local school districts

may employ persons for recreational work upon nomination by the

3313.58