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3.50 Public Information and Inspection of Records

3.50 Public Information and Inspection of Records

Chapter 3.00: School Administration

3.50

PUBLIC INFORMATION AND INSPECTION OF RECORDS

POLICY

All public records pursuant to Florida Statutes shall be available for inspection or copying at reasonable times during normal office hours of the District office or other offices in which records are maintained.

I. Photocopying or other reproduction of any record shall be performed upon a person’s request. Charges for photocopying or reproducing shall be in accordance with the School Board rule entitled “Photocopying of Public Records” (3.51).

II. Records maintained by the District which are exempt from public inspection include:

A. Personally identifiable records of students, pursuant to Florida Statutes and the

Federal Family Educational Rights and Privacy Act (FERPA); B. Portions of personnel records, pursuant to Florida Statutes;

C. All work products developed in preparation for collective bargaining, pursuant to

Florida Statutes;

D. Appraisals, offers, and counter offers relating to purchase of real property, pursuant to Florida Statutes;

E. Legal records prepared by an attorney exclusively for civil or criminal litigation, pursuant to Florida Statutes, and litigation files regarding employees while the case

is active;

F. A complaint of misconduct filed with the District against a District employee and information obtained in the investigation until the investigation is concluded with a finding to proceed or not to proceed with disciplinary action or charges and the subject of the complaint has been notified of the finding.

G. Data processing software obtained under a licensing agreement which prevents its disclosure and data processing software designated by the School Board as “sensitive,” pursuant to Florida Statutes;

H. Sealed responses to request for bids or proposals until such time as they are

publicly opened, pursuant to Florida Statutes;

I. Personally identifiable records of dependent children of former or current employees who are insured by a District group insurance plan; and

J. Employees and student health and medical records as prescribed by Florida

Statutes and PL 104-191 Health, Insurance Portability and Accountability Act of

1996 (HIPAA).

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S.

LAWS IMPLEMENTED: 119.07, 119.071, 447.605, 1001.43, 1002.22, 1002.221, 1008.24, 1012.31,

1013.14, F.S.

34 CFR 99, PL 103-382, 104-191

STATE BOARD OF EDUCATION RULES:

HISTORY: Adopted: 07/14/1998

Revision Date(s): 03/09/2004, 11/17/2009, 03/10/2015

Formerly: New

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