718R - School Division Records

Every Frederick County Public Schools employee shall retain public records in compliance with the regulations of the Code of Virginia and the Library of Virginia and according to guidelines published by the Virginia Department of Education and Frederick County Public Schools. 

Records created or collected in the course of Frederick County Public Schools business are the property of Frederick County Public Schools even if the records are created away from the school division, by a third party working for Frederick County Public Schools, or on a non-Frederick County Public Schools computer. 

Definitions 

“Convenience copy” means all copies of a record other than the record copy. 

"Electronic record" means a public record whose creation, storage, and access require the use of an automated system or device. Ownership of the hardware, software, or media used to create, store, or access the electronic record has no bearing on a determination of whether such record is a public record.

“Office of Record” means the office responsible for the collection and disposition of the record copy.

"Public record" or "record" means recorded information that documents a transaction or activity by or with any public officer, agency or employee of an agency. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received or retained in pursuance of law or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a public record. (Code of Virginia § 42.1-77)

For purposes of this regulation, "public record" shall not include non-record materials, meaning materials made or acquired and preserved solely for reference use or exhibition purposes, extra copies of documents preserved only for convenience or reference, and stocks of publications.

“Record Copy” means the official copy of a record.

"Records retention and disposition schedule" means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series.


Records Retention and Disposition 

Public and electronic record copies shall be examined annually by the office of record to determine if they should be retained or disposed of in accordance with Library of Virginia Guidelines. 

Public and electronic record copies that are to be retained shall be labeled and stored appropriately by the office of record.  The label shall include a description of the records, their records series number and the date for their disposition. 

Public record copies that are to be destroyed shall be disposed of in accordance with Library of Virginia guidelines.   No record copies shall be destroyed or discarded unless the record appears on a records retention and disposition schedule and the record's retention period has expired.  If the retention period has expired, form RM-3 “Certificate of Records Destruction” shall be properly completed and approved by the Frederick County Public Schools’ Designated Records Officer before any records are destroyed.  The Records and Document Specialist serves as Frederick County Public Schools’ Designated Records Officer.  Record copies may not be disposed of if they are needed as part of any litigation, audit, investigation, or Virginia Freedom of Information Act request. 

Public and electronic records created after July 1, 2006, which are authorized to be destroyed, shall be disposed of no later than the end of the calendar or fiscal year in which their retention period expires.  Records that contain identifying information including name, date of birth, social security number, driver's license number, bank account numbers, credit or debit card numbers, personal identification numbers (PIN), electronic identification codes, automated or electronic signatures, biometric data, fingerprints,  passwords, or any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services shall be destroyed within six months of the expiration of the records retention period. 

Retention schedules apply to the record copy.  Convenience copies may be kept as long as, but no longer than the record copy.

Electronic mail (E-mail) 

Frederick County Public Schools utilizes an e-mail archive system in order to assist with the retention and disposal of e-mail in compliance with the Code of Virginia and records retention schedules established by the Library of Virginia.


Legal Reference(s):
20 U.S.C. Section(s) 1232f-123i

Code of Virginia, Section(s) 22.1-287-22.1-289

Code of Virginia, Section(s) 42.1-76-42.1-91

8VAC 20-150.10 - 8VAC 20-150.30

Guidelines for the Management of Student’s Scholastic Records in Virginia Public Schools, May 2004

 
Adopted: July 23, 2009
Amended: September 24, 2018