Page 5 - 2013 Management Guide_Guide Only_No Appendices_8770cd55

RECORDS AND
REPORTS
Boards of education shall require all teachers and superintendents to
keep school records and prepare reports required by law. Minimum
information that must be kept for each school appears to consist of a
transcript (“the names of all pupils enrolled therein, the studies pursued,
the character of the work done and the standing of each pupil...” The
law specifically provides that boards can withhold the pay of teachers
and superintendents who fail to file the reports required of them.
However, school personnel are prohibited from releasing any information
in violation of the Family Educational Rights and Privacy Act.
3319.32
RECORDS,
EXCEPTIONS TO
CONFIDENTIALITY
OF STUDENT
A principal making a report of certain student acts or violations (please
see REPORTING OF CERTAIN STUDENT ACTS OR VIOLATIONS
BY PRINCIPAL TO SUPERINTENDENT AND LAW ENFORCEMENT
below) is not required to obtain either student or parent permission in
making this report. This exception applies regardless of whether the
pupil was 16 years of age or older.
3319.321
RECORDS,
NONPUBLIC
SCHOOLS
A governing authority wishing to close a nonpublic school must notify:
the department of education; any accrediting association that most
recently accredited the school for chartering purposes; and the school
district which administered the auxiliary services funding for the
nonpublic school.
Any records of the school are to be deposited with either the accrediting
association or the school district which most recently administered the
auxiliary services funding. The district may receive a “one-time
reimbursement” for costs incurred in the storage of the records.
3301.162
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 Bricker & Eckler) that might be used in
the denial of the records request.
149.43
RECREATIONAL
WORKERS
Boards of education of city, exempted village, and local school districts
may employ persons for recreational work upon nomination by the
Superintendent.
3313.58