everything you wanted to know about records but … · 2017-02-16 · everything you wanted to know...

EVERYTHING YOU WANTED TO KNOW ABOUT RECORDS BUT WERE AFRAID TO ASK

2017

Active Student Records

Creating Folders and Handling Requests

Inactive Records

Transfer for Scanning, Storage, and Destruction

Beverly Mountain Dr. Michelle Boyd Anthony L. Johnson Guidance Instructional Specialist Assistant Superintendent Division Records Manager Department of Instruction Exceptional Education/Student Services ICTS 301 North Ninth Street 301 North Ninth Street 301 North Ninth Street 12th Floor 13th Floor 13th Floor Richmond, Virginia 23219 Richmond, Virginia 23219 Richmond, Virginia 23219 (804) 780-7777 (804) 780-7911 (804) 780-5601

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EVERYTHING YOU WANTED TO KNOW ABOUT RECORDS BUT WERE AFRAID TO ASK

SCHOOL OFFICE

RECORDS MANAGEMENT Confidentiality and How to deal with sensitive material Confidentiality must be maintained for all student records. They must be kept in a

secure area and monitored for access.

Confidentiality requires that only those persons who have a professional interest will have access to material in the student records.

There will be times when sensitive material is sent for filing. Frequently, such material is handled differently than the usual maintenance. The building administrator should be consulted as to how the material should be treated and stored.

Refer to the manual, A Manual for Managing Inactive Records in the Richmond Public Schools, 2017, reproduced on the following pages, for regulations concerning:

Image Scanning (formerly Microfilming)

Storing

Purging

Refer to Richmond Public Schools Administrative Procedures on Family Rights Concerning Education Records, 2017, reproduced after the above, for procedures concerning access to student records.

A MANUAL FOR

MANAGING INACTIVE RECORDS

IN THE RICHMOND PUBLIC SCHOOLS

2017

WHY DO WE NEED A RECORDS MANAGEMENT PROGRAM? WHAT RECORDS ARE COVERED? WHAT DO I HAVE TO DO? WHAT HELP DO I HAVE? HOW DO I KNOW WHEN IT IS TIME TO PURGE RECORDS? WHAT DO I DO WHEN IT IS TIME TO PURGE STUDENT RECORDS? WHAT DO I DO WHEN IT IS TIME TO PURGE NON-STUDENT RECORDS?

Richmond Public Schools Records Management

Information, Communication & Technology Services (ICTS)

301 North Ninth Street 13th Floor

Richmond, Virginia 23219 (804) 780-5601

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The Virginia Public Records Act (1976, c.746) requires any agency with public

records to cooperate with the State Librarian in establishing and maintaining an

active, continuing program for the economical and efficient management of its

records and the legal destruction of its obsolete records. Each agency is also

required to designate a Records Manager to oversee its program and serve as a

liaison to the Library of Virginia (LVA). To address the most frequently asked

questions about our program, this MANUAL is offered. It incorporates the school

division's previous publication on student records, Record Management Guidelines

for Richmond Public Schools; as well as The Library of Virginia's publication on all

public records, Virginia Public Records Management Manual.

Anthony L. Johnson Division Records Manager Richmond Public Schools

Information, Communication & Technology Services 301 North Ninth Street

13th Floor Richmond, Virginia 23219

(804) 780-5601

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TABLE OF CONTENTS

WHY DO WE NEED A RECORDS MANAGEMENT PROGRAM? p. 5-1

WHAT RECORDS ARE COVERED? p. 5-2

WHAT DO I HAVE TO DO? p. 5-3

WHAT HELP DO I HAVE? p. 5-4

HOW DO I KNOW WHEN IT IS TIME TO DESTROY RECORDS? p. 5-5

WHAT DO I DO WHEN IT IS TIME TO DESTROY STUDENT RECORDS? p. 5-6

WHAT DO I DO WHEN IT IS TIME TO DESTROY NON-STUDENT RECORDS? p. 5-7

APPENDIX: STUDENT PERMANENT RECORDS (CUMULATIVE RECORDS)

FILING AND RETAINING STUDENT DISCIPLINARY RECORDS

STANDARD YEAR-END PURGING AND ARCHIVING PROCEDURES

VIRGINIA PUBLIC RECORDS ACT

FERPA PROCEDURES

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WHY DO WE NEED A RECORDS MANAGEMENT PROGRAM?

o To ensure that obsolete records are removed from prime filing equipment and valuable office space.

o To improve the organization of school records and files. o To promote faster, authorized access to records. o To ensure consistent preservation of long-term information. o To ensure the systematic destruction of obsolete records. o State law.

LEGISLATIVE INTENT The General Assembly of Virginia through its Virginia Public Records Act (1976, c.746) established a single body of law applicable to all public officers and employees on the subject of public records management and preservation with the intent that the procedures used to manage and preserve public records will be uniform throughout the Commonwealth.

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WHAT RECORDS ARE COVERED?

Each public official having in his custody official records shall assist the [State Library] Board in the preparation of an inventory of all public records in his custody [emphasis added] and in preparing a suggested schedule for retention and disposition of such records.

--Virginia Public Records Act. (1976, c.746) Section 42.1.82 RPS is a public agency and its schools and departments are required to follow the Virginia Public Records Act (Code of Virginia, Title 42, Chapter 7) for retention and destruction of records. The Library of Virginia has, therefore, published retention schedules to cover every type of record generated or used by the school division: http://www.lva.virginia.gov/agencies/records/sched_local/index.htm What are not considered “public records” and may be destroyed whenever no longer needed are:

extra copies of documents preserved only for convenience or reference

materials made or acquired and preserved solely for reference use or exhibition purposes

and stocks of publications. Each public agency is also required to designate a records officer responsible for the operation of its records management program and to approve the destruction of obsolete records in accordance with the state retention schedules. NO RPS PUBLIC RECORDS ARE TO BE DESTROYED WITHOUT THE APPROVAL OF THE RPS DIVISION RECORDS MANAGER, ACTING AS ITS DESIGNATED RECORDS OFFICER.

http://www.lva.virginia.gov/agencies/records/sched_local/index.htm

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WHAT DO I HAVE TO DO?

As Records Coordinator for your school or department:

1. Each year, separate your “dead files” (records of graduates and withdrawals) from your current year student records and get the Principal to certify the separation.

2. Each year, verify that Office Interiors’ records staff removes all 5-

year-old inactive student records from your building for permanent archiving.

3. Utilize the school division’s annual Records “Spring Cleaning” to

purge obsolete records or contact the RPS Records Manager (Tony Johnson, 780-5601, [email protected]) any other time of the year to arrange for destruction.

Each June, 5-year-old inactive student records are removed from all schools for permanent archiving. Each spring, the division provides a list of obsolete records for schools and departments to pull from their files, and then the boxes they pack are removed for destruction. AGAIN, NO RPS PUBLIC RECORDS ARE TO BE DESTROYED WITHOUT THE APPROVAL OF THE RPS DIVISION RECORDS MANAGER.

DUTIES OF RECORDS COORDINATORS

o Separate “dead files” from current year student records. (Ensures that student records remain filed by school year for easy purging.)

o Confirm annual pickup of 5-year-old inactive student records.

o Utilize annual Records “Spring Cleaning” or contact for pick-up of obsolete records.

mailto:[email protected]

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WHAT HELP DO I HAVE?

Your prime contact for assistance is the Division Records Manager for Richmond Public Schools, Anthony L. Johnson (Tel: 780-5601, [email protected]). He is located in the Department of Information, Communication, and Technology Services Technologies (ICTS), 13th Floor, 301 North Ninth Street, City Hall, Richmond, VA 23219. On active student records you may contact Beverly Mountain (Guidance Instructional Specialist, Department of Instruction, 780-7777, [email protected]). On Exceptional Education records you may contact Michelle Boyd (Assistant Superintendent, Exceptional Education & Student Services, 780-7924, [email protected]). They are located on the 12th and 13th Floors, City Hall, Richmond, VA 23219. Assistant Coordinators -- Within your school or department, one other staff member has been designated by your Principal or Director to assist you in carrying out your responsibilities as Records Coordinator. Such assistance would include: boxing obsolete records for pickup and destruction, responding to requests for confidential records, etc.

SOURCES OF INFORMATION FOR THE RECORDS COORDINATOR

o Everything You Wanted To Know About Records But Were Afraid To Ask,

2017 (RPS manual; covers all records.)

o A Manual for Managing Inactive Records in the Richmond Public Schools,

2017 (This manual; covers all inactive records.)

o Virginia Public Records Act (1976, c.746) (covers all records.)

o Virginia Public Records Management Manual, 2014

(State manual; covers all records. Provides detailed procedures for our records

management program.)

o Guidelines for the Management of the Student's Scholastic Record in

Virginia Public Schools, 2004 (State manual; covers student records.)




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HOW DO I KNOW WHEN IT IS TIME TO PURGE RECORDS? INACTIVE STUDENT RECORDS Each school is responsible for maintaining their inactive student cumulative folders by school year, separate from their active, current year cumulative folders. The schools keep the inactive student records for five years after the students graduate or withdraw from the division. Each June, Office Interiors will visit all schools to remove the 5-year-old inactive (graduate and withdrawal) cumulative folders for permanent archiving. OBSOLETE NON-STUDENT RECORDS Each year the Division Records Manager will provide all schools and departments a list of financial, personnel, or other non-student records that are old enough to destroy. If you have obsolete records that are not listed, contact the Division Records Manager, Anthony L. Johnson (Tel: 780-5601, [email protected]). The forms and procedures for purging obsolete records will also be available on the division’s Intranet and Internet web sites: my.RPS > Policies & Procedures > Documentation > Records Purging:

http://my.rps.edu/Information/PoliciesandProcedures/Documentation/GuidelinesforDestroyingObsoleteRecords.aspx

Richmond Public Schools > Departments > ICTS > Records Management:

http://www.rvaschools.net/Page/1450




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WHAT DO I DO WHEN IT IS TIME TO PURGE STUDENT RECORDS?

5-Year-Old Inactive Student Records Each June, Office Interiors will remove the 5-year-old inactive student cumulative folders from the schools and perform the separation and preparation for scanning, long-term storage, and destruction. All that the schools will have to do is show them to the records and sign the form that Office Interiors will provide to certify pickup of the records. Inactive Student Records for the School Year Just Ended Verify and separate all inactive student records and destroy separate disciplinary records of graduates: 1. Use “Withdrawal Report” supplied at the end of the school year to

verify or insert into the “dead file” for that school year: all graduate and withdrawal folders and separate disciplinary records for those who withdrew.

2. Contact Division Records Manager (Anthony Johnson (Tel: 780-5601, [email protected]) to destroy separate disciplinary records of graduates.

3. For students graduating as a result of summer school, insert cumulative folders in that school year’s “dead file” and contact Division Records Manager (Anthony Johnson (Tel: 780-5601, [email protected]) for destruction of any separate disciplinary records.

4. Get Principal to acknowledge separation of last 5 years of inactive folders on form supplied with “Withdrawal Report.”

(For more details see: Standard Year-End Procedures for Purging and Archiving Inactive Records in APPENDIX.)



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WHAT DO I DO WHEN IT IS TIME TO PURGE NON-STUDENT RECORDS? Follow the annual procedures provided by the Division Records Manager each year to the schools and departments, and also posted on the division’s web sites: my.RPS > Information > Policies & Procedures > Documentation > Records Purging:


Richmond Public Schools > Departments > ICTS > Records Management:


Those procedures will guide you in boxing up your obsolete records for pickup and destruction. Alternatively, if you retain an outside shredding vendor, be aware of your joint responsibilities pursuant to the procedures in this manual:

Mutual Responsibilities for Shredding Services by Vendors RPS and [Vendor] personnel agree to the following responsibilities before any records are shredded: 1. Every RPS department or office will submit a completed Certificate

of Records Destruction (RM-3 Form) to the RPS Records Manager at least two days before [Vendor] arrives to destroy records. (Form obtainable from Division Records Manager, ext. 5601.)

2. The RPS department or office will give the RM-3 Form signed by

the RPS Records Manager to the [Vendor] Customer Representative as authorization to shred the records.

3. No [Vendor] Customer Representative will shred any RPS records

without receiving a RM-3 Form identifying those records and signed by the RPS Records Manager.



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WHAT DO I DO WHEN IT IS TIME TO PURGE NON-STUDENT RECORDS? 4. The [Vendor] Customer Representative will attach the signed RM-3

Form to [Vendor’s] certificate of destruction as documentation of what records were actually destroyed and when.

5. RPS departments and offices will retain the RM-3 Form and

[Vendor’s] certificate of destruction together as evidence of legal and proper disposal of the records.

6. Any RPS department or office retaining [Vendor] for services is

responsible for all costs incurred.

APPENDIX

RICHMOND PUBLIC SCHOOLS

Guidance Services301 North Ninth StreetRichmond, VA 23219

804-780-7777

STUDENT PERMANENT RECORDS(CUMULATIVE RECORDS)

A cumulative folder (brown jacket folder) and Category II (expanding pocket folder) should bemade for all students new to the school system. Items in the student cumulative folder should bearranged in the following order:

1. Record of Access and Disclosure Form (must be signed each time a folder is entered)2. RPS 220 Personal Data and Activity Card (yellow)3. Registration Forms and Transfer Information4. RPS 230 Standardized Test Results Card for test labels (green)5. Standardized Test Profile Sheets (Stanford 9, SOL, PALS, LPT, SAT, PSAT, Explore,

Plan, ACT, etc.)6. Extra Test Label Envelopes7. RPS 210 Elementary Academic Card (salmon) – Begin phasing out if still using as a

divider. Additional supply will not be printed.8. Transcript9. Report Cards10. Professional Notes Envelope – Teacher Comment Sheets and Access and Disclosure

forms inside11. SPACE Program Materials12. ESL Folder (green) for ESL students only – this is a new item13. Cumulative Health Record14. Disciplinary Information Folder15. Writing Portfolio (blue) – file behind the brown jacket folder and in front of the

Category II information16. Category II information with appropriate dividers – should begin behind and outside of

the brown jacket folder.17. Photo attached to Cumulative Folder

The following items should be purged or removed from the cumulative folder:

1. SOL Classroom Assessment Record – cards may be discarded

Organization of RecordsElementary and Middle Schools – records should be filed in alphabetical order by homeroom.High Schools – records should be filed in alphabetical order by grade level.SecurityAll records should be housed in a designated central and secure location. They must bestored in locked cabinets in an organized “records room” that has key entry.

Updated 5/26/06

Standard Year-End Procedures

for

Purging and Archiving Inactive Records

1. During the week after students leave school, Office Interiors staff will remove all

5-year-old student cumulative folders from all schools.

2. End of June – the first week of August, schools verify and separate all inactive

student records and destroy separate disciplinary records of graduates.

1. Each school should already have an inactive students file drawer (labeled

“2016-2017” for example) for the “no-shows” and withdrawals for the past

school year. High schools combine these with the 12th Grade graduates and

label all inactive drawers with the past school year.

2. Use the “Withdrawal Report” supplied at the end of each school year to

verify that the inactive drawers contain: 1) a cumulative folder for each

student who graduated or withdrew during this past school year; and 2) any

separate disciplinary records for those who withdrew. (Store on-site for 5

years.)

3. Separate disciplinary records for graduates are to be destroyed. Contact Tony

Johnson (Division Records Manager, 780-5601, [email protected]) for destruction.

4. Insert the records of students who graduated as a result of summer school

into the same inactive files drawers for the past school year. Contact Tony

Johnson (Division Records Manager, 780-5601, [email protected]) for the destruction

of any separate disciplinary records the summer graduates may have.

5. All Principals acknowledge separation of the inactive student folders for the

last five school years by submitting the form, Annual Acknowledgement of

Separated Inactive Student Records, supplied with the “Withdrawal Report.”

3. Obsolete Non-Student Records:

Annual procedures are posted on my.RPS for pickup and destruction of

obsolete financial, personnel, or other non-student records: http://my.rps.edu/Information/PoliciesandProcedures/Documentation/GuidelinesforDestroyingObsoleteRecords.aspx. Or contact Tony Johnson, the Division Records Manager, at 780- 5601,

[email protected] for verification and arrangements for pickup. Questions: Anthony L. Johnson, Division Records Manager, 780-5601, [email protected]

Beverly Mountain, Guidance Instructional Specialist, 780-7777, [email protected]







CODE OF VIRGINIA, TITLE 42.1 LIBRARIES, CHAPTER 7 VIRGINIA PUBLIC RECORDS ACT (42.1-76 THRU 42.1-91)

42.1-76 Legislative intent; title of chapter 42.1-76.1 Notice of Chapter. 42.1-77 Definitions 42.1-78 Confidentiality safeguarded 42.1-79 Records management function vested in

The Library of Virginia 42.1-79.1 Repealed 42.1-80 Repealed42.1-81 Repealed42.1-82 Duties and powers of Library Board 42.1-83 Repealed42.1-84 Repealed42.1-85 Records Management Program; agencies to

cooperate; agencies to designate records officer 42.1-86 Essential public records; security recovery copies;

disaster plans 42.1-86.1 Disposition of public records 42.1-87 Archival public records 42.1-88 Custodians to deliver all records at expiration

of term; penalty for noncompliance 42.1-89 Petition and court order for return of public

records not in authorized possession 42.1-90 Seizure of public records not in authorized possession 42.1-90.1 Auditing. 42.1-91 Repealed

§ 42.1-76. Legislative intent; Title of Chapter.The General Assembly intends by this chapter to establish a single body oflaw applicable to all public officers and employees on the subject of public

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Virginia Public Records Act

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records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the Commonwealth. This chapter may be cited as the Virginia Public Records Act. (1976, c. 746.)

§ 42.1-76.1. Notice of Chapter.Any person elected, reelected, appointed, or reappointed to the governingbody of any agency subject to this chapter shall (i) be furnished by theagency or public body’s administrator or legal counsel with a copy of thischapter within two weeks following election, reelection, appointment, orreappointment and (ii) read and become familiar with the provisions ofthis chapter.(2006, c. 60.)

§ 42.1-77. Definitions.As used in this chapter:“Agency” means all boards, commissions, departments, divisions, institu-tions, authorities, or parts thereof, of the Commonwealth or its politicalsubdivisions and includes the offices of constitutional officers.“Archival quality” means a quality of reproduction consistent with estab-lished standards specified by state and national agencies and organizationsresponsible for establishing such standards, such as the Association forInformation and Image Management, the American National StandardsInstitute, and the National Institute of Standards and Technology.“Archival record” means a public record of continuing and enduring valueuseful to the citizens of the Commonwealth and necessary to the adminis-trative functions of public agencies in the conduct of services and activi-ties mandated by law that is identified on a Library of Virginia approvedrecords retention and disposition schedule as having sufficient informa-tional value to be permanently maintained by the Commonwealth.“Archives” means the program administered by The Library of Virginiafor the preservation of archival records.

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“Board” means the State Library Board. “Conversion” means the act of moving electronic records to a different format, especially data from an obsolete format to a current format. “Custodian” means the public official in charge of an office having public records. “Disaster plan” means the information maintained by an agency that outlines recovery techniques and methods to be followed in case of an emergency that impacts the agency’s records. “Electronic record” means a public record whose creation, storage, and access require the use of an automated system or device. Ownership of the hardware, software, or media used to create, store, or access the electronic record has no bearing on a determination of whether such record is a public record. “Essential public record” means records that are required for recovery and reconstruction of any agency to enable it to resume its core opera-tions and functions and to protect the rights and interests of persons. “Librarian of Virginia” means the State Librarian of Virginia or his designated representative. “Lifecycle” means the creation, use, maintenance, and disposition of a public record. “Metadata” means data describing the context, content, and structure of records and their management through time. “Migration” means the act of moving electronic records from one infor-mation system or medium to another to ensure continued access to the records while maintaining the records’ authenticity, integrity, reliability, and usability. “Original record” means the first generation of the information and is the preferred version of a record. Archival records should to the maxi-mum extent possible be original records. “Preservation” means the processes and operations involved in ensuring the technical and intellectual survival of authentic records through time. “Private record” means a record that does not relate to or affect the carry-ing out of the constitutional, statutory, or other official ceremonial duties

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of a public official, including the correspondence, diaries, journals, or notes that are not prepared for, utilized for, circulated, or communicated in the course of transacting public business. “Public official” means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state gov-ernment, and all other officers, heads, presidents or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions. “Public record” or “record” means recorded information that documents a transaction or activity by or with any public officer, agency or employee of an agency. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received or retained in pursuance of law or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a public record. For purposes of this chapter, “public record” shall not include non-record materials, meaning materials made or acquired and preserved solely for reference use or exhibition purposes, extra copies of documents preserved only for convenience or reference, and stocks of publications. “Records retention and disposition schedule” means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series. The administrative, fiscal, histori-cal, and legal value of a public record shall be considered in appraising its appropriate retention schedule. The terms “administrative,” “fiscal,” “historical,” and “legal” value shall be defined as: Administrative value”: Records shall be deemed of administrative value if they have continuing utility in the operation of an agency. Fiscal value”: Records shall be deemed of fiscal value if they are needed to document and verify financial authorizations, obligations, and transactions. Historical value”: Records shall be deemed of historical value if they contain unique information, regardless of age, that provides

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2. “

3. “


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understanding of some aspect of the government and promotes the development of an informed and enlightened citizenry. Legal value”: Records shall be deemed of legal value if they document actions taken in the protection and proving of legal or civil rights and obligations of individuals and agencies. (1976, c. 746; 1977, c. 501; 1981, c. 637; 1987, c. 217; 1990, c. 778; 1994, cc. 390, 955; 1998, cc. 427, 470; 2005, c. 787; 2006, c. 60.)

§ 42.1-78. Confidentiality safeguarded. Any records made confidential by law shall be so treated. Records which by law are required to be closed to the public shall not be deemed to be made open to the public under the provisions of this chapter. Records in the custody of The Library of Virginia which are required to be closed to the public shall be open for public access 75 years after the date of creation of the record. No provision of this chapter shall be construed to authorize or require the opening of any records ordered to be sealed by a court. All records deposited in the archives that are not made confidential by law shall be open to public access. (1976, c. 746; 1979, c. 110; 1990, c. 778; 1994, c. 64; 2006, c. 60.)

§ 42.1-79. Records management function vested in The Library of Virginia. A. The archival and records management function shall be vested in The

Library of Virginia. The Library of Virginia shall be the official cus-todian and trustee for the Commonwealth of all public records of whatever kind, and regardless of physical form or characteristics, that are transferred to it from any agency. As the Commonwealth’s offi-cial repository of public records, The Library of Virginia shall assume ownership and administrative control of such records on behalf of the Commonwealth. The Library of Virginia shall own and operate any equipment necessary to manage and retain control of electronic ar-chival records in its custody, but may, at its discretion, contract with third-party entities to provide any or all services related to managing archival records on equipment owned by the contractor, by other third parties, or by The Library of Virginia.

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B. The Librarian of Virginia shall name a State Archivist who shall per-form such functions as the Librarian of Virginia assigns.

C. Whenever legislation affecting public records management and pres-ervation is under consideration, The Library of Virginia shall review the proposal and advise the General Assembly on the effects of its proposed implementation.

(1976, c. 746; 1986, c. 565; 1990, c. 778; 1994, c. 64; 1998, c. 427; 2005, c. 787; 2006, c. 60.)

§ 42.1-79.1. Repealed by Acts 2005, c. 787, cl. 2.

§§ 42.1-80. 42.1-81. Repealed by Acts 2003, c. 177.

§§ 42.1-81. Repealed by Acts 2003, c. 177.

§ 42.1-82. Duties and powers of Library Board. A. The State Library Board shall: Issue regulations concerning procedures for the disposal, physical destruction or other disposition of public records containing social security numbers. The procedures shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) other- wise modifying the social security numbers in those records to make them unreadable or undecipherable by any means. Issue regulations and guidelines designed to facilitate the creation, preservation, storage, filing, reformatting, management, and destruction of public records by agencies. Such regulations shall mandate procedures for records management and include recommendations for the creation, retention, disposal, or other disposition of public records. B. The State Library Board may establish advisory committees composed

of persons with expertise in the matters under consideration to assist the Library Board in developing regulations and guidelines.

(1976, c. 746; 1977, c. 501; 1981, c. 637; 1990, c. 778; 1994, cc. 64, 955; 2003, cc. 914, 918; 2005, c. 787; 2006, c. 60.)

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§ 42.1-83. Repealed by Acts 2006, c. 60, cl. 2.

§ 42.1-84. Repealed by Acts 2005, c. 787, cl. 2. § 42.1-85. Records Management Program; agencies to cooperate; agencies to designate records officer. A. The Library of Virginia shall administer a records management pro-

gram for the application of efficient and economical methods for managing the lifecycle of public records consistent with regulations and guidelines promulgated by the State Library Board, including operation of a records center or centers. The Library of Virginia shall establish procedures and techniques for the effective management of public records, make continuing surveys of records and records keeping practices, and recommend improvements in current records manage-ment practices, including the use of space, equipment, software, and supplies employed in creating, maintaining, and servicing records.

B. Any agency with public records shall cooperate with The Library of Virginia in conducting surveys. Each agency shall establish and main-tain an active, continuing program for the economical and efficient management of the records of such agency. The agency shall be respon-sible for ensuring that its public records are preserved, maintained, and accessible throughout their lifecycle, including converting and migrat-ing electronic records as often as necessary so that information is not lost due to hardware, software, or media obsolescence or deterioration. Any public official who converts or migrates an electronic record shall ensure that it is an accurate copy of the original record. The converted or migrated record shall have the force of the original.

C. Each state agency and political subdivision of this Commonwealth shall designate as many as appropriate, but at least one, records of-ficer to serve as a liaison to The Library of Virginia for the purposes of implementing and overseeing a records management program, and coordinating legal disposition, including destruction, of obsolete records. Designation of state agency records officers shall be by the respective agency head. Designation of a records officer for political

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subdivisions shall be by the governing body or chief administrative offi-cial of the political subdivision. Each entity responsible for designating a records officer shall provide The Library of Virginia with the name and contact information of the designated records officer, and shall ensure that such information is updated in a timely manner in the event of any changes.

D. The Library of Virginia shall develop and make available training andeducation opportunities concerning the requirements of and compli-ance with this chapter for records officers in the Commonwealth.

(1976, c. 746; 1990, c. 778; 1994, c. 64; 1998, c. 427; 2006, c. 60.)

§ 42.1-86. Essential public records; security recovery copies; disaster plans.A. In cooperation with the head of each agency, The Library of Virginia

shall establish and maintain a program for the selection and preserva-tion of essential public records. The program shall provide for pre-serving, classifying, arranging, and indexing essential public records sothat such records are made available to the public. The program shallprovide for making recovery copies or designate as recovery copiesexisting copies of such essential public records.

B. Recovery copies shall meet quality standards established by The Libraryof Virginia and shall be made by a process that accurately reproducesthe record and forms a durable medium. A recovery copy may also bemade by creating a paper or electronic copy of an original electronicrecord. Recovery copies shall have the same force and effect for allpurposes as the original record and shall be as admissible in evidenceas the original record whether the original record is in existence or not.Recovery copies shall be preserved in the place and manner prescribedby the State Library Board and the Governor.

C. The Library of Virginia shall develop a plan to ensure preservationof public records in the event of disaster or emergency as defined in§ 44-146.16. This plan shall be coordinated with the Department ofEmergency Management and copies shall be distributed to all agencyheads. The plan shall be reviewed and updated at least once every fiveyears. The personnel of the Library shall be responsible for coordinat-

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ing emergency recovery operations when public records are affected. Each agency shall ensure that a plan for the protection and recovery of public records is included in its comprehensive disaster plan.

(1976, c. 746; 1980, c. 365; 1990, c. 778; 1994, c. 64; 1998, c. 427; 2005, c. 787; 2006, c. 60.)

§ 42.1-86.1. Disposition of public records.A. No agency shall sell or give away public records. No agency shall de-

stroy or discard a public record unless (i) the record appears on arecords retention and disposition schedule approved pursuant to §42.1-82 and the record’s retention period has expired; (ii) a certifi-cate of records destruction, as designated by the Librarian of Virginia,has been properly completed and approved by the agency’s designatedrecords officer; and (iii) there is no litigation, audit, investigation, re-quest for records pursuant to the Virginia Freedom of Information Act(§ 2.2-3700 et seq.), or renegotiation of the relevant records retentionand disposition schedule pending at the expiration of the retentionperiod for the applicable records series. After a record is destroyed ordiscarded, the agency shall forward the original certificate of recordsdestruction to The Library of Virginia.

B. No agency shall destroy any public record created before 1912 withoutfirst offering it to The Library of Virginia.

C. Each agency shall ensure that records created after July 1, 2006 andauthorized to be destroyed or discarded in accordance with subsec-tion A, are destroyed or discarded in a timely manner in accordancewith the provisions of this chapter; provided, however, such recordsthat contain identifying information as defined in clauses (iii) through(ix), or clause (xii) of subsection C of § 18.2-186.3, shall be destroyedwithin six months of the expiration of the records retention period.

(1990, c. 778; 1998, c. 427; 2005, c. 787; 2006, cc. 60, 909.)

§ 42.1-87. Archival public records.A. Custodians of archival public records shall keep them in fire-resistant,

environmentally controlled, physically secure rooms designed to

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ensure proper preservation and in such arrangement as to be easily accessible. Current public records should be kept in the buildings in which they are ordinarily used. It shall be the duty of each agency to consult with The Library of Virginia to determine the best manner in which to store long-term or archival electronic records. In entering into a contract with a third-party storage provider for the storage of public records, an agency shall require the third-party to cooperate with The Library of Virginia in complying with rules and regulations promulgated by the Board.

B. Public records deemed unnecessary for the transaction of the businessof any state agency, yet deemed to be of archival value, may be trans-ferred with the consent of the Librarian of Virginia to the custody ofthe Library of Virginia.

C. Public records deemed unnecessary for the transaction of the businessof any county, city, or town, yet deemed to be of archival value, shallbe stored either in The Library of Virginia or in the locality, at thedecision of the local officials responsible for maintaining public re-cords. Archival public records shall be returned to the locality upon thewritten request of the local officials responsible for maintaining localpublic records. Microfilm shall be stored in The Library of Virginiabut the use thereof shall be subject to the control of the local officialsresponsible for maintaining local public records.

D. Record books deemed archival should be copied or repaired, renovatedor rebound if worn, mutilated, damaged or difficult to read. Wheneverthe public records of any public official are in need of repair, restorationor rebinding, a judge of the court of record or the head of such agencyor political subdivision of the Commonwealth may authorize that therecords in need of repair be removed from the building or office inwhich such records are ordinarily kept, for the length of time necessaryto repair, restore or rebind them, provided such restoration and rebind-ing preserves the records without loss or damage to them. Before anyrestoration or repair work is initiated, a treatment proposal from thecontractor shall be submitted and reviewed in consultation with TheLibrary of Virginia. Any public official who causes a record book to be

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copied shall attest it and shall certify an oath that it is an accurate copy of the original book. The copy shall then have the force of the original.

E. Nothing in this chapter shall be construed to divest agency heads ofthe authority to determine the nature and form of the records requiredin the administration of their several departments or to compel theremoval of records deemed necessary by them in the performance oftheir statutory duty.

(1976, c. 746; 1994, cc. 64, 955; 2005, c. 787; 2006, c. 60.)

§ 42.1-88. Custodians to deliver all records at expiration of term; penalty for noncompliance.

Any custodian of any public records shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, docu-ments, public records, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or neglect for a period of ten days after a request is made in writing by the successor or Librarian of Virginia to deliver the public records as herein required shall be guilty of a Class 3 misdemeanor. (1976, c. 746; 1994, c. 64; 1998, c. 427.)

§ 42.1-89. Petition and court order for return of public records not in authorized possession.

The Librarian of Virginia or his designated representative such as the State Archivist or any public official who is the custodian of public records in the possession of a person or agency not authorized by the custodian or by law to possess such public records shall petition the circuit court in the city or county in which the person holding such records resides or in which the materials in issue, or any part thereof, are located for the return of such records. The court shall order such public records be deliv-ered to the petitioner upon finding that the materials in issue are public records and that such public records are in the possession of a person not authorized by the custodian of the public records or by law to possess

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such public records. If the order of delivery does not receive compliance, the plaintiff shall request that the court enforce such order through its contempt power and procedures. (1975, c. 180; 1976, c. 746; 1998, c. 427.)

§ 42.1-90. Seizure of public records not in authorized possession.A. At any time after the filing of the petition set out in § 42.1-89 or

contemporaneous with such filing, the person seeking the return of thepublic records may by ex parte petition request the judge or the courtin which the action was filed to issue an order directed at the sheriff orother proper officer, as the case may be, commanding him to seize thematerials which are the subject of the action and deliver the same tothe court under the circumstances hereinafter set forth.

B. The judge aforesaid shall issue an order of seizure upon receipt of anaffidavit from the petitioner which alleges that the material at issuemay be sold, secreted, removed out of this Commonwealth or other-wise disposed of so as not to be forthcoming to answer the final judg-ment of the court respecting the same; or that such property may bedestroyed or materially damaged or injured if permitted to remain outof the petitioner’s possession.

C. The aforementioned order of seizure shall issue without notice to therespondent and without the posting of any bond or other security bythe petitioner.

(1975, c. 180; 1976, c. 746.)

§ 42.1-90.1. Auditing.The Librarian may, in his discretion, conduct an audit of the recordsmanagement practices of any agency. Any agency subject to the auditshall cooperate and provide the Library with any records or assistancethat it requests. The Librarian shall compile a written summary of thefindings of the audit and any actions necessary to bring the agency intocompliance with this chapter. The summary shall be a public record, andshall be made available to the agency subject to the audit, the Governor,

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and the chairmen of the House and Senate Committees on General Laws and the House Appropriations and Senate Finance Committees of the General Assembly. (2006, c. 60.)

§ 42.1-91. Repealed by Acts 2006, c. 60, cl. 2.

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RICHMOND PUBLIC SCHOOLS

ADMINISTRATIVE PROCEDURES ON

FAMILY RIGHTS CONCERNING

EDUCATION RECORDS

2017

The Richmond Public Schools Division procedures to use in meeting the requirements of

the Family Educational Rights and Privacy Act (FERPA) of 1974

Revised: May 2015

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PARENT(S) NOTIFICATION OF RIGHTS UNDER (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords parents and students

over 18 years of age ("eligible students") certain rights with respect to the student's education

records. They are:

(1) The right to inspect and review the student's education records within 45 days of the day

the school division receives a request for access.

Parents or eligible students should submit to the student's school principal a written

request that identifies the record(s) they wish to inspect. The principal (or appropriate

school official) will make arrangements for access and notify the parent or eligible

student of the time and place where the records may be inspected.

(2) The right to request the amendment of the student's education records that the parent or

eligible student believes are inaccurate or misleading.

Parents or eligible students may ask Richmond Public Schools to amend a record that

they believe is inaccurate or misleading. They should write the school principal, clearly

identify the part of the record they want changed, and specify why it is inaccurate or

misleading.

If the school division decides not to amend the record as requested by the parent or

eligible student, the school division will notify the parent or eligible student of the

decision and advise them of their right to a hearing regarding the request for amendment.

Additional information regarding the hearing procedures will be provided to the parent or

eligible student when notified of the right to a hearing.

(3) The right to consent to disclosures of personally identifiable information contained in the

student's education record, except to the extent that FERPA authorizes disclosure without

consent.

One exception which permits disclosure without consent is disclosure to school officials

with legitimate educational interests. A school official is a person employed by the

division as an administrator, supervisor, instructor, or support staff member (including

health or medical staff and law enforcement unit personnel); a person serving on the

School Board; a person or company with whom the division has contracted to perform a

special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or

student serving on an official committee, such as a disciplinary or grievance committee,

or assisting another school official in performing his or her tasks.

A school official has a legitimate educational interest if the official needs to review an

education record in order to fulfill his or her professional responsibility.

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Upon request, the school division discloses education records without consent to officials

of another school division in which a student seeks or intends to enroll.

(4) The right to refuse to permit the disclosure of the following directory or yearbook

information: student name, parent's name, address, telephone number, date and place of

birth, major field of study, participation in officially recognized activities and sports,

weight and height of members of athletic teams, dates of attendance, degrees and awards

received, most recent previous school attended and photograph. You must notify your

child's school of your refusal to permit such disclosure within 30 days of enrolling him or

her in the current school year.

(5) The right to file a complaint with the U.S. Department of Education concerning alleged

failures by the school division to comply with the requirements of FERPA. The name and

address of the Office that administers FERPA is: Family Policy Compliance Office, U.S.

Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.

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DEFINITIONS

For the purposes of these procedures, the Richmond Public Schools Division has used the following

definitions of terms.

Student - any person who attends or has attended a school in the Richmond Public Schools Division.

Eligible student - a student or former student who has reached age 18 or is attending a postsecondary

school.

Parent - either natural parent of a student, a guardian, or an individual acting as a parent or guardian in

the absence of the student's parent or guardian.

Education records - any record (in handwriting, print, tapes, film, computer, or other medium)

maintained by the Richmond Public Schools Division or an agent of the Division which contains

information directly related to a student, except:

1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the

record and is not accessible or revealed to any other person except a temporary substitute for the

maker of the record.

2. An employment record which relates exclusively to an individual in his or her capacity as an

employee of the Richmond Public Schools Division and which is not available for any other use.

3. Alumni records which contain information about a student after he or she is no longer in

attendance in the Richmond Public Schools Division and which do not relate to the person as a

student.

4. Records of the Security Office maintained separately from education records, maintained solely

for law enforcement purposes, and disclosed only to law enforcement officials of Richmond

Public Schools.

5. Records maintained by a physician, psychiatrist, or psychologist acting in his or her professional

capacity, used only in connection with the student's treatment, and disclosed only to individuals

providing the treatment.

METHOD OF ANNUAL NOTIFICATION

Parents will be notified of their FERPA rights annually by publication in their child's student handbook.

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PROCEDURE TO INSPECT EDUCATION RECORDS

Parents of students or eligible students may inspect and review the student's education records upon

request.

Parents or eligible students should submit to the student's school principal a written request which

identifies as precisely as possible the record or records he or she wishes to inspect.

The principal (or appropriate school official) will make the needed arrangements for access as promptly

as possible and notify the parent or eligible student of the time and place where the

records may be inspected. Access must be given in 45 days or less from the date of receipt of the

request.

When a record contains information about students other than a parent's child or the eligible student, the

parent or eligible student may not inspect and review the portion of the record which pertains to other

students.

REFUSAL TO PROVIDE COPIES

Richmond Public Schools reserves the right to deny a parent or eligible student a copy of the student's

education records in the following circumstances, unless failure to provide a copy would effectively

prevent the parent or eligible student from exercising the right to inspect and review the records:

1. The education record requested is an exam or set of standardized test questions. (An exam or

standardized test which is not directly related to a student is not an education record subject to

FERPA's access provisions.)

2. The parent or eligible student lives within commuting distance of the Richmond Public Schools

Division.

FEES FOR COPIES OF RECORDS

A fee may be charged for copying education records. Copies of IEP’s can be provided free of charge

upon written request.

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TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATION RECORDS

The following is a list of the types of records that the Division maintains, their locations, and their

custodians.

Types Location Custodian

Cumulative School School Principal's Office School Principal

Records

(Current students and

former students 5 years

and less)

Cumulative School Student Records Office - City Hall Records Technician

Records 301 N. Ninth St., 13th Floor

(Former students Richmond, VA 23219

more than 5 years)

Discipline Records See Cumulative School Records

Health Records See Cumulative School Records

Speech Therapy See Cumulative School Records

Records

Psychological Records See Cumulative School Records

School Transportation Student Transportation Director

Records 3501 Belt Boulevard

Richmond, VA 23234

Occasional Records Principal will collect and School Principal

(Student education records make available at student's

not identified above; such school

as those in Superintendent's

Office, in the school

attorney's office, or in the

possession of teachers.)

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DISCLOSURE OF EDUCATION RECORDS

The Richmond Public Schools Division will disclose information from a student's education records

only with the written consent of the parent or eligible student, except that the Division may disclose

without consent when the disclosure is:

1. To school officials who have a legitimate educational interest in the records.

A school official is:

A person employed by the Division as an administrator, supervisor, instructor, or support

staff member, including health or medical staff.

A person elected to the School Board.

A person employed by or under contract to the Division to perform a special task, such as

an attorney, auditor, medical consultant, or therapist.

A school official has a legitimate educational interest if the official is:

Performing a task that is specified in his or her position description or by a contract

agreement.

Performing a task related to a student's education.

Performing a task related to the discipline of a student.

Providing a service or benefit relating to the student or student's family, such as health care,

counseling, job placement, or financial aid.

Maintaining the safety and security of the campus.

2. To officials of another school, upon request, in which a student seeks or intends to enroll.

3. To certain officials of the U.S. Department of Education, the Comptroller General, and State and

local educational authorities, in connection with audit or evaluation of certain State or federally

supported education programs.

4. In connection with a student's request for or receipt of financial aid to determine the eligibility,

amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.

5. To State and local officials or authorities if specifically required by a State law that was adopted

before November 19, 1974.

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6. To organizations conducting certain studies for or on behalf of the Division.

7. To accrediting organizations to carry out their functions.

8. To parents of an eligible student if the student is a dependent for income tax purposes.

9. To comply with a judicial order or a lawfully issued subpoena.

10. To appropriate parties in a health or safety emergency.

11. To individuals requesting directory or yearbook information so designated by the Division.

RECORD OF REQUESTS FOR DISCLOSURE

The Richmond Public Schools Division will maintain a record of all requests for and/or disclosures of

information from a student's education records. The record will indicate the name of the party making

the request, any additional party to whom the information may be redisclosed, and the legitimate interest

the party had in requesting or obtaining the information. The record may be reviewed by the parents or

eligible student.

DIRECTORY INFORMATION

The Richmond Public Schools Division designates the following items as Directory Information: the

name of the student in attendance or no longer in attendance; the student’s participation in officially

recognized activities and sports; the height and weight of the student, if he or she is a member of an

athletic team; and any awards, honors, or degrees the student receives. The District may disclose any of

those items without prior written consent, unless notified in writing to the contrary within 15

administrative days from receipt of the annual FERPA notification.

In addition to the directory information designated above, the No Child Left Behind Act of 2001

requires that Richmond Public Schools provide military recruiters, upon request, with the name,

address and telephone number of each secondary student. Parents have fifteen (15)

administrative days from the receipt of this notice to notify the principal of their child’s school, in

writing, that (1) any part or all of the directory information about their child shall not be released

without prior consent; and/or (2) the child’s name, address, and/or phone number shall not be

released to military recruiters without prior written consent.

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CORRECTION OF EDUCATION RECORDS

Parents or eligible students have the right to ask to have records corrected that they believe are

inaccurate, misleading, or in violation of their privacy or other rights. Following are the procedures for

the correction of records:

1. Parents or the eligible student must ask The Richmond Public Schools Division to amend a

record. In so doing, they should identify the part of the record they want changed and specify

why they believe it is inaccurate, misleading or in violation of the student's privacy or other

rights.

2. The Richmond Public School Division may comply with the request or it may decide not to

comply. If it decides not to comply, the Division will notify the parents or eligible student of the

decision and advise them of their right to a hearing to challenge the information believed to be

inaccurate, misleading, or in violation of the student's privacy or other rights.

3. Upon request, the Richmond Public Schools Division will arrange for a hearing, and notify the

parents or eligible student, reasonably in advance, of the date, place, and time of the hearing.

4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the

hearing officer may be an official of the Division. The parents or eligible student shall be

afforded a full and fair opportunity to present evidence relevant to the issues raised in the original

request to amend the student's education records. The parents or student may be assisted by one

or more individuals, including an attorney.

5. The hearing officer will prepare a written decision based solely on the evidence presented at the

hearing. The decision will include a summary of the evidence presented and the reasons for the

decision.

6. If the hearing officer decides that the information is inaccurate, misleading, or in violation of the

student's privacy or other rights, it will amend the record and notify the parents or eligible

student, in writing, that the record has been amended.

7. If the hearing officer decides that the challenged information is not inaccurate, misleading, or in

violation of the student's privacy or other rights, it will notify the parents or eligible student that

they have a right to place in the record a statement commenting on the challenged information

and/or a statement setting forth reasons for disagreeing with the decision.

8. The statement will be maintained as part of the student's education records as long as the

contested portion is maintained. If the Richmond Public Schools Division discloses the contested

portion of the record, it must also disclose the statement.

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