William Bethke Partner, Kutz & Bethke LLC Sabrina D’Agosta Director of Policy & Communications, State of Colorado, and President Emeritus, Academy of Urban Learning

 What are open records or sunshine laws? ◦ Freedom of Information Act (FOIA) ◦ Colorado Open Records Act (CORA) ◦ Family Education Rights and Privacy Act (FERPA)  What are they intended to do?  Are charter schools subject to them?

 Adopt a records retention schedule ◦ Align with any existing District policy ◦ Colorado State Archives has suggested schedules:  Educate your staff and board  Ensure proper and timely records destruction ◦ AND: don’t forget .

 Coordinate with any existing District policy  Identify a records request liaison and contact info  Post the policy on your website  Response is required 3 business days from receipt ◦ Narrow grounds for extensions  Fees must be in publicly-posted policy ◦ Up to $30/hour and $0.25 per copy

 Do you have responsive documents?  Are you the custodian?  You are never required to create a record ◦ In some instances, such as with large databases, creating a record is preferable  All potentially responsive records should be reviewed by a professionally trained records liaison to determine what should be released  All responsive records should be redacted as allowed/required by applicable laws  Responses should be formal written documents

 Student “educational records” are separately regulated by a federal law, known as FERPA. ◦ Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. 34 C.F.R. Part 99.  In general, only the parent and students or a proper official has a right to such record ◦ very, very rarely a member of the public (or another parent or student); and never because they are a member of the public.

 Medical  Special education  Disciplinary  Family identity  The “sole possession record” exception  “Need to know” restrictions

 Annual notice and parent access ◦ Defining “parent” ◦ Parents may request correction of records, and receive a hearing on the request.  … restricts access to those with “legitimate educational interests.” ◦ When do other teachers have legitimate interests in students not in their classes? ◦ Can volunteers be treated like employees?

 General Rule: Disclosure of student records to others permitted only by parent (or adult student) permission.  Exceptions: ◦ Health or safety emergencies ◦ Use in studies conducted for the school

 Rarely, but the issue can arise if the school has records that reflect the following issues: ◦ Contraception; ◦ Treatment of sexually transmitted diseases; ◦ Drug abuse and treatment; and ◦ Mental health treatment (especially of students 15 or older);  Best practice is to attempt to secure student consent to appropriate parental involvement.

 How is “meeting” defined?  Noticing a meeting  Meeting agendas  Meeting minutes  Executive session recordings

 When does it constitute a meeting?  What is public?  Separate accounts for board members  What to keep and for how long?  Staff

 The Public School Financial Transparency Act requires that you post online: Annual budget, Audited financial statements (when complete), Salary schedules or policies, Accounts payable check registers, credit, debit and purchase card statements, and Investment performance reports or statements. Your Form 990 must be made widely available to the public, either online or by immediately providing copies upon request.

 Kutz & Bethke is available to assist with writing policies, records management and records request responses ◦ ◦ ◦ William Bethke, ◦ Sabrina D’Agosta,