9330 - Access to Public Records

Bylaws of the Board

9330 - Access to Public Records

Any recorded data or information maintained or kept on file by the Windsor Locks Public Schools relating to the conduct of the public’s business prepared, owned, used, received or retained by the Board of Education (Board) or the school district, whether handwritten, typed, tape-recorded, printed, photocopied, photographed or recorded by any other method is a “public record” and every person shall have the right to inspect such records promptly or to receive a copy of such records after presenting a written request during normal hours of business. All such records shall be maintained at the office of the Superintendent of Schools, who shall be the custodian of all public records of the school district.

The right to inspect or to copy public records does not apply to the following:

1. Preliminary drafts or notes provided the Superintendent of Schools or his/her designee has determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure.

2. Personal or medical files and similar files, the disclosure of which would constitute an invasion of personal privacy.

3. Records pertaining to strategy and negotiations with respect to pending claims or litigation to which the school district is a party until such litigation or claim has been adjudicated or otherwise settled.

4. Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination.

5. The contests of real estate appraisals, engineering or feasibility estimates and evaluation made for or by the district relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned (except that the law of public domain is not affected by this provision).

6. Records, reports and statements of strategy or negotiations with respect to collective bargaining.

7. Records, tax returns, reports and statements exempted by federal law or state statutes or communications privileged by the attorney-client relationship.

8. Names or addresses of students enrolled in the public schools without the consent of the parent(s) or guardian of each student who is a minor, and of each student.

9. Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 U.S.L. l232g.

Availability of Records

Any person wishing to inspect or to copy public records shall make such a request to the Superintendent of Schools or his/her designee citing the specific record to which the person wants access. The person making the request may inspect such record(s) at the Superintendent’s office and a person making the copy request shall receive a copy of the record at a charge of 50 cents a page for the first five pages and up to 25 cents a page for each page beyond five. If any copy requested requires a transcription, the fee for such transcription shall not exceed the cost thereof to the school district. Pre-payment of fee charges shall be made.

Requests must be limited to public records that actually exist. No requests shall be considered that would require creating a record; changing the form of an existing record; or preparing a summary, rationale, interpretation or analysis of an existing record.

The fee for any copy of a public record maintained in a computer storage system shall not exceed the cost thereof to the school district. In determining such costs for a copy, other than for a printout which exists at the time that the school district responds to the request for such copy, the district may include only:

1. An amount equal to the hourly salary attributed to all employees engaged in providing the requested computer-stored public record, including their time performing the formatting or programming functions necessary to provide the copy as requested, but not including search or retrieval costs except as provided in subdivision (4) of this subsection;

2. An amount equal to the cost of engaging an outside professional electronic copying service to provide such copying services, if such service is necessary to provide the copying as requested;

3. The actual cost of the storage devices or media provided to the person making the request in complying with such request; and

4. The computer storage charges incurred by the district in providing the requested computer-stored public record where another agency or contractor provides the district with computer storage and retrieval services.

The school district shall waive any fee provided for in this section when:

1. The person requesting the records is an indigent individual;

2. The records located are determined by the school district to be exempt from disclosure; or

3. In its judgment, compliance with the applicant’s request benefits the general welfare.

The fee for any person who has the custody of any public records or files for certifying any copy of such records or files, or certifying to any fact appearing there from, shall be for the first page of such certificate, or copy and certificate, one dollar; and for each additional page, fifty cents. For the purpose of computing such fee, such copy and certificate shall be deemed to be one continuous instrument.

Legal References:

Connecticut General Statutes

1-200 Definitions

1-210 Access to public records

1-211 Access to computer stored records

1-212 Application for copies of public records

1-214 Public contracts as part of public records

1-225 Meetings of public agencies

Federal Rules of Civil Procedure – 2006 Amendments

Bylaw Adopted: June 14, 2012

Revised: November 2019