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The Lake Country School Board of Education shall allow persons to have access to school district records in accordance with this policy and implementing procedures and in accordance with state law.
The District Administrator is designated as the legal custodian of school district records. The legal custodian shall safely keep and preserve school district records, which includes records of the Board and any committees, advisory boards or other authorities created by resolution of the Board, and shall have full legal power to render decisions and carry out duties related to those public records maintained by any school district authority. The legal custodian may deny access to records only in accordance with state law. The legal custodian is authorized and encouraged to consult with the district’s legal counsel in determining whether to deny access to a record in whole or in part.
As the legal custodian of the records of the District, the District Administrator shall be responsible for a timely response to any request for access to the public records of the District. The legal custodian shall be responsible for the release of the public records of the District, the conditions under which records may be inspected, and the collection of costs for the location, reproduction and/or mailing or shipping of such records, as well as for the preparation of written statements denying access in whole or in part. The legal custodian is authorized to consult with the District’s legal counsel in determining whether to deny access to a record in whole or in part.
Public Access to Records and Fees
- Except as provided in section G below, any person has a right to inspect a record and to make or receive a copy of any record as provided in state law.
- Records shall be available for inspection and copying during all regular office hours.
- A requester shall be permitted to use facilities comparable to those available to school district employees to inspect, copy or abstract a record.
- The legal custodian may require supervision of the requester during inspection or may impose other reasonable restrictions on the manner of access to original records if the record is irreplaceable or easily damaged.
- A requester shall be charged a fee for the cost of copying and locating records as follows:
- The fee for photocopying may be $.05 per page.
- If the form of a written record does not permit copying, the actual and necessary cost of photographing and photographic processing may be charged.
- The actual full cost of providing a copy of other records not in printed form on paper, such as films, computer printouts and audio or video tapes may be charged.
- If a record is produced or collected by a person pursuant to a contract entered into by that person and the District, the fee charged for copying the record shall be the actual, direct and necessary cost of reproduction incurred by the person making the reproduction or transcription of the record, unless a fee is otherwise authorized or established by law.
- If mailing or shipping is necessary, the actual cost of mailing or shipping the record information shall be charged.
- There shall be no charge for locating a record unless the actual cost therefore exceeds $50 in which case the actual cost shall be determined by the legal custodian and billed to the requestor.
- The legal custodian shall estimate the cost of all applicable fees and may require a cash deposit adequate to assure payment, if such estimate exceeds $5.
- Elected officials and employees of the District shall not be required to pay for public records they may reasonably require for the proper performance of their official duties.
- The legal custodian may provide copies of a record without charge or at a reduced charge where he/she determines that waiver or reduction of the fees is in the public interest.
- The legal custodian may not sell or rent a record containing an individual's name or address of residence, unless specifically authorized by state law. The collection of fees as outlined above is not a sale or rental under these procedures.
- If the requester is an incarcerated person and he/she has failed to pay any fee that was imposed for a request made previously by that requestor, the legal custodian may require prepayment both of the amount owed for the previous request and the amount owed for the current request.
Policy 823 - Access to Public Records
Policy 823 Rule - Access to Public Records Rule
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