BUSINESS AND OPERATIONS: RECORDS MANAGEMENT [LAW]

1. Definitions

In this policy, the following terms have the following meanings:

A. “Commission” means the Texas State Library and Archives Commission;

B. “Director and librarian” means the executive and administrative officer of the commission;

C. “Record” means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic, and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the school or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business.

Tex. Loc. Gov’t Code § 201.003.

2. School Records

A. Records of the school, and records of a charter holder that relate to the school, are government records for all purposes under state law.

Tex. Educ. Code § 12.1052(b).

B. School records created or received in the transaction of official business, or the creation or maintenance of which were paid for by public funds, are public property, and are subject to the provisions of Title 6, Texas Local Government Code, and subchapter J, Chapter 441, Texas Government Code.

Tex. Loc. Gov’t Code § 201.005(a).

C. School records are subject to the Texas Public Information Act.

Tex. Loc. Gov’t Code § 201.009(a). [See Business and Operations: Texas Public Information Act [Law]].

3. Retention and Destruction of Records

A. Destruction

A school record may be destroyed under any of the following circumstances:

(1) The record is listed on a records control schedule, and

(a) The retention period has expired; or

(b) It has been microfilmed or stored electronically as required by Chapters 204 and 205 of the Texas Local Government Code;

(2) The record appears on a list of obsolete records approved by the director and librarian;

(3) A destruction request is filed with and approved by the director and librarian.

Tex. Loc. Gov’t Code § 202.001.

B. Unless the school files its own records control schedule with the director and librarian, it shall file with the director and librarian written certification of compliance, stating that the school has adopted records control schedules that comply with the minimum requirements established on records retention schedules issued by the commission. [Note: Records retention schedules are available on the Internet at: http://www.tsl.state.tx.us/slrm/recordspubs/].

Tex. Loc. Gov’t Code § 203.041(a).

(1) School records may be maintained on microfilm in addition to or instead of paper or other media, subject to the requirements of state law and rules.

Tex. Loc. Gov’t Code § 204.002.

(2) School records may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of state law and rules.

Tex. Loc. Gov’t Code § 205.002.

4. Records Management

A. The school board shall:

(1) Establish, promote and support an active and continuing program for the efficient and economical management or all school records;

(2) Develop policies and procedures for the administration of the program under the direction of the records management officer;

(3) Facilitate the creation and maintenance of local government records containing adequate and proper documentation of the school, functions, policies, decisions, procedures, and essential transactions of the school and designed to furnish the information necessary to protect the legal and financial rights of the school, the state, and persons affected by the activities of the school;

(4) Facilitate the identification and preservation of records that are of permanent value;

(5) Facilitate the identification and protection of essential local government records; and

(6) Cooperate with the commission in its conduct of statewide records management surveys.

Tex. Loc. Gov’t Code § 203.021.

B. The school shall establish a records management program to be administered by the records management officer. A copy of the order establishing the program shall be filed by the records management officer with the director and librarian within 30 days after the date of its adoption.

Tex. Loc. Gov’t Code § 203.026(a), (c).

5. Records Management Officer

The school board shall designate a records management officer. The name, office, or position of the records management officer shall be entered in the board minutes. The name or the name and office or position of the records management officer shall be filed by the records management officer with the director and librarian within 30 days after the date of the designation.

Tex. Loc. Gov’t Code § 203.025(a)-(c).

6. Maintained Within Texas

Records of the school shall be maintained physically within the State of Texas at all times, except that records stored electronically may be maintained outside the State of Texas, if such records remain accessible from within the State of Texas during normal business hours. For purposes of this requirement, the records of the school shall mean the records indicated by the Financial Accountability System Resource Guide, adopted by reference in 19 Tex. Admin. Code § 109.41 (relating to Financial Accountability System Resource Guide), or its successor, or by the laws and rules summarized therein.

19 Tex. Admin. Code § 100.1203(a)(3). See also Local Records Retention Schedule, as adopted by the Director of the State Library and Archives Commission available at: http://www.tsl.state.tx.us/slrm

7. Records Maintained by a Management Company

A management company that provides, or did provide, any management services to a charter holder or charter school shall maintain all records related to its management services separately from any other records of the management company.

19 Tex. Admin. Code § 100.1159(a).