(PB) 2013 Management Guide_Guide Only_No Appendices_8770cd55

RECORDS AND REPORTS

3319.32

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.

RECORDS, EXCEPTIONS TO CONFIDENTIALITY OF STUDENT

3319.321

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. 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. 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. 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. Boards of education of city, exempted village, and local school districts may employ persons for recreational work upon nomination by the Superintendent.

RECORDS, NONPUBLIC SCHOOLS

3301.162

RECORDS OF SUMMER ACTIVITIES

3313.57

RECORDS REQUESTS, PUBLIC

149.43

RECREATIONAL WORKERS

3313.58