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R 1450 Public Access to District Documents

GENERAL ADMINISTRATION                                                              Regulation 1450

(Form 1450)

School/Community Relations

Public Access to District Documents

The following regulations are intended to ensure full and open disclosure of the District's public records. The Board, as authorized by law, may close meetings, records, and votes for the reasons set out below. Please note the numbers for each criteria are the numbers used in Mo. Rev. Stat. §610.021 (August 28, 2022).

Litigation including privileged communications between the Board, its representatives, and its attorneys.  Upon completion of the litigation or upon the execution of a settlement agreement, the vote, minutes, and settlement agreement will be made public unless subject to a court order closing the record.

The lease, purchase or sale of real estate where public knowledge of the details of the proposed acquisition might adversely affect the District’s interests. Any vote or public record approving such a contract shall become available to the public upon execution of the contract.

 

 

Actions related to the hiring, firing, disciplining or promotion of a District employee when the performance or individual merits of this employee is considered. Any vote on a final decision to hire, fire, promote or discipline will be available to the public within seventy-two (72) hours of the close of the meeting, except that good faith efforts will be made to notify the affected employee prior to the information becoming publicly available.  Disclosure of Board action on such personnel matters will include notice of how each Board member voted on the proposition.

Proceedings involving the mental or physical health of an identifiable individual.

 

(6) Student Matters

 

Scholastic probation, expulsion, discipline, or graduation of identifiable persons, including records of individual test or examination scores subject to the provisions of the Board’s student records policy and regulations.

 

(7) Test Matters

 

Testing and examination materials before the test or examination is given, or if it is to be given again before such testing.

 

(8)  Welfare Cases

 

Welfare cases of identifiable individuals.

 

(9) Employee Negotiations

 

Preparations for negotiations with employees and employee representatives, including any work product of the Board.

 

(10) Software Codes

 

Codes for electronic data processing and documentation related to such codes.

 

(11) and (12) Bidding Matters

 

Competitive bidding specifications, until officially approved or published for bids.  Sealed bids, until the earlier of the time all are opened or all are accepted or rejected.

 

(13) Personnel Records

 

Individually identifiable personnel records, performance ratings or records related to employees or applicants for employment.  However, the public will have access to the names, positions, salaries, and length of service of employees of the District.

 

(14) Protected Records

 

Records which are protected from disclosure by law.

 

(15)  Proprietary Information

 

Scientific and technological innovations in which the owner has a proprietary interest.

 

(16) Hotlines

 

Records related to municipal hotlines established for the reporting of abuse and wrongdoing.

 

(17) Communications with District Auditor

 

Confidential and privileged communication between the Board and its auditor, including the auditor’s work product.  However, final audit reports issued by the auditor will be open.

 

(18)  Critical Incidents

 

Operational guidelines, policies and specific response plans developed, adopted or maintained by the district for use in responding to or preventing any critical incident that is or appears to be terrorist in nature and that has the potential to endanger individuals or public health or safety. The Board affirmatively states that disclosure would impair its ability to protect the health or safety of persons and that the public interest in nondisclosure outweighs the public interest in disclosure of the records. Financial records related to procurement or expenditures related to operational guidelines, policies or plans shall be open records.

 

(19) and (20) Security Systems

 

Existing or proposed security systems or procedures and structural plans of real property owned or leased by the District, including but not limited to evacuation and lockdown procedures for the buildings on District property and information that is voluntarily submitted by private entities owning or operating an infrastructure, the public disclosure of which would threaten public safety.  The portions of the record that identify security systems or access codes for District security systems.  Records of expenditures of District funds for the purchase of security systems are considered to be open records. The Board affirmatively states that disclosure would impair its ability to protect the health or safety of persons and that the public interest in nondisclosure outweighs the public interest in disclosure of the records.

 

(21) Computer/Telecommunication Systems

 

Records that identify the configuration of components or the operation of a computer system, computer network or telecommunications network utilized by the District.  Records related to expenditures for such systems are considered to be open records.

 

(22) Credit Card Information

 

Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between the District and a person or an entity doing business with the District.  However, records of a person using a credit card held in the name of the District or other method of payment for which the District provides reimbursement are open.

 

(24) Foster Care

 

Records relating to foster home or kinship placement of children in foster care.

 

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Public Records

 

As defined by state statute and provided in Board policy, public records include but are not limited to reports, surveys, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body; provided, however, that personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years.

 

The term “public record” shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any document or study prepared for a public governmental body by a consultant or other professional service as described herein shall be retained by the public governmental body in the same manner as any other public record. .

 

Request for Inspection and/or Duplication

 

  1. Requests for access or duplication of the District's public records must be made to the District's designated custodian of records.

 

  1. Upon receipt, the custodian/designee will provide or deny access within three (3) business days of the request. The date of request will not be counted as one of the three (3) business days provided for response. Where reasonable cause exists the three-day response period may be exceeded.

 

  1. If access is not immediately provided, the custodian/designee will provide the person requesting access with a detailed explanation of the reason for the delay. The custodian/designee will advise of the earliest date, time, and place when access will be provided.

 

  1. If access is denied, the custodian/designee will, upon request, provide the person requesting access with a written explanation of the reason for denial of access. The written explanation will provide the specific provision of law relied upon in denying access and will be provided within three (3) days of the date when the written explanation was requested.

 

  1. Fees for duplication of the District's public records must be received prior to copying unless the fee has been waived by the Board. Upon request of the person requesting duplication, the custodian/designee will certify that the actual cost of document search and duplication does not exceed the allowable charges for public records set out in state law.

 

Unauthorized Removal of Public Records

 

No person is permitted to remove original public records from District facilities without written permission of the custodian of records/designee. Employees who violate this provision are subject to discipline up to and including termination. Violators may be referred to law enforcement officials.

 

Commercial Use of District Records

 

No person or business entity will be provided with the exclusive right to have access to, control over, duplication of, and dissemination of the public records of the District.



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Board Approved Date: July 25, 2022
Last Updated: July 2022