Policy 8605 - Retention of Charter School Records

Retention of Charter School Records

In compliance with Idaho Code, the Board of Directors establishes the following guidelines to provide administrative direction pertaining to the retention and/or disposal of Charter School records. This schedule likewise identifies the anticipated physical location where such records may be kept or maintained by the Charter School, in addition to the possible document retention of all categories of records on the school’s servers and computer systems.

The Charter School’s Public Records Custodian[s], in conjunction with the Executive Director, or designee, is responsible for the maintenance, safeguarding and destruction of the Charter School’s records. Performance of such duties shall be in cooperation with the Charter School’s Business Office, Directors of Maintenance and Transportation, Technology Coordinator, and other administrative personnel employed by the Charter School. However, each school employee is likewise responsible for having knowledge of this policy and the requirement to safeguard the Charter School’s records, electronic or otherwise, consistent with the chart below.

The Charter School’s Public Records Custodian[s] shall work in conjunction with the Charter School’s Technology department to assure that the school’s staff is aware of the routine destruction of electronic Charter School records, including emails, such that they are able to assure that the Charter School’s public records are retained consistent with this schedule, regardless of whether they are maintained in a hard copy or an electronic copy. In such a process, the Charter School’s employees need to retain Charter School records included on the schedule below, particularly student educational records, personnel records, and investigative records, in a format that is not part of the Charter School’s routine electronic records destruction and/or notify the technology personnel of the Charter School that a particular document is not to be destroyed as part of the routine destruction of electronic records.

Unless otherwise prohibited by applicable law, all Charter School records may be maintained electronically and/or in hard physical copy.

Method of Destroying Official Records

The Charter School official records, and any copy thereof that may be deemed to be confidential and/or not intended to be disseminated to the public, will be shredded before disposal.

Destruction of Electronic Mail/e-mail

The Charter School will store electronic mail/e-mails for a maximum period of _______. All email will be automatically deleted from the Charter School’s system at the end of this retention period. It is the responsibility of every School employee to assure that Charter School documents that need to be retained for a longer period of time due to federal law, State law, or the provisions of this policy are retained accordingly and in a different format than electronic mail. An employee’s failure to retain Charter School documents accordingly could serve as a basis for discipline, up to and including possible termination.

Suspending of Destroying Official Records

The Charter School will immediately cease the destruction of all relevant records, including electronic records, even if destruction is authorized by an approved Retention Schedule, for the following reasons:

1. If the Charter School receives a Freedom of Information Act (FOIA)/Idaho Public Writings Act request;
2. If the Charter School believes that an investigation or litigation is imminent; or
3. If the Charter School is notified that an investigation or litigation has commenced.

The Public Records Custodians[s] and Executive Director are responsible for carrying out this policy.

If relevant records exist in electronic formats (such as email, digital images, word processed documents, databases, backup tapes, etc.) the Executive Director shall notify its information technology staff to cease the destruction of records relating to the subject matter of the suit/potential suit or investigation. Failure to cease the destruction of relevant records could result in penalties against the Charter School.

Charter School records shall be retained and/or disposed of as follows:

In the event that Charter School records do not correspond to any of the above listed categories, the Executive Director will determine the period of retention for a particular record.

Legal References:       

I.C. § 33-508               Duties of Clerk

I.C. § 33-701(8)          Fiscal Year—Payment and Accounting of Funds

I.C. § 56-209h             Administrative Remedies

I.C. § 67-4131             Records Management Services—Rules, Guidelines, Procedures

I.C. § 74-101               Definitions

I.C. § 74-119               Agency Guidelines

Other References:       

State Board of Education - Agency Specific Records Retention Schedule of the Records Management Guide, Idaho Records Center

SDE Idaho Special Education Manual, current edition

Policy History:

Adopted on: July 26, 2021

Revised on:

Reviewed on: