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ADMINISTRATIVE REGULATION NO. 1340 ()

MANTECA UNIFIED


SCHOOL DISTRICT




ACCESS TO DISTRICT RECORDS

Definition

Public records include any writing containing information relating to the conduct of the District’s business prepared, owned, used, or retained by the District regardless of physical form or characteristics.


A member of the public includes any person, except a member, agent, officer, or employee of the District acting within the scope of his/her office or employment. Governing Board members shall have the ability to access public records permitted by law in the administration of their duties. Notwithstanding, members of the Board are entitled to access to District public records on the same basis as any other person. (GC 6252, 6252.5)
Public Records

Records to which the public shall have access include, but are not limited to:




  1. Proposed and approved budgets, and annual audit of the District.

  2. Statistical compilations.

  3. Reports and memoranda.

  4. Notices and bulletins.

  5. Minutes of public meetings.

  6. Meeting agendas.

  7. Official communications between governmental branches.

  8. School-based program plans.

  9. Information and data relevant to the evaluation and modification of District plans.

  10. Initial proposals of exclusive employee representatives and of the District.

  11. Tort claims filed against the District and records pertaining to pending litigation which predate the filing of the litigation, unless protected by some other provision of law.

  12. Statements of economic interests required by the Conflict of Interest Code.

  13. Contracts of employment and settlement agreements.


Confidential Records

Records to which the general public shall not have access include, but are not limited to:



  1. Preliminary drafts, notes, interdistrict or intradistrict memoranda which are not retained by the District in the ordinary course of business, provided that the public interest in withholding these records clearly outweighs the public interest in disclosure.

  2. Records specifically prepared for litigation to which the District is a party or to respond to claims made against the District pursuant to the Tort Claims Act are confidential, until the pending litigation or claim has been finally adjudicated or otherwise settled, unless the records are protected by some other provision of law.

  3. Personnel records, medical records, student records, or similar materials, the disclosure of which would constitute an unwarranted invasion of personal privacy.

The home addresses and home telephone numbers of employees may be disclosed only as follows:



  1. To an agent or family member of the individual to whom the information pertains.

  2. To an officer or employee of a state agency or another school district or county office of education when necessary for the performance of official duties.

  3. To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, unless the employee performs law enforcement-related functions or requests in writing that the information not be disclosed.

  4. To an agent or employee of a health benefit plan providing health services or administering claims for health services to District employees and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents.




  1. Test questions, scoring keys, and other examination data except as provided by law.

  2. Without affecting the law of eminent domain, the contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the District relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreements obtained.

  3. Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information.

  4. Library circulation records kept for the purpose of identifying the borrower of items available in the library.

  5. Records for which the disclosure is exempted or prohibited pursuant to state or federal law, including, but not limited to, provisions of the Evidence Code relating to privilege.

  6. Documents prepared by or for the District to assess its vulnerability to terrorist attack or other criminal acts intended to disrupt District operations and that are for distribution or consideration in closed session.

  7. Recall petitions or petitions for the reorganization of school districts.

  8. Computer software developed by the District.

  9. Written instructional textbooks or other materials which, when providing a copy, would infringe a copyright or would constitute an unreasonable burden on the operation of the District.

  10. Records that contain individually identifiable health information, including records that may be exempt pursuant to physician-patient privilege, the Confidentially of Medical Information Act, and the Health Insurance Portability and Accountability Act.

  11. Any other records listed as exempt from public disclosure in the California Public Records Act or other statutes.

  12. Records for which the district can demonstrate that, based on the particular facts of the case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.


Inspection of Records and Requests for Copies

Every person may request a copy or inspection of any District record that is open to the public and not exempt from disclosure.


Within ten (10) days of receiving any request to inspect or copy a District record, the Superintendent or designee shall determine whether the request seeks release of a disclosable public record in the District’s possession. The Superintendent or designee may extend the ten (10) day limit for up to 14 days by providing written notice to the requester and setting forth the reasons for the extension and the date on which a determination is expected to be made. Unusual circumstances include the following by only to the extent reasonably necessary to properly process the request.


  1. The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.

  2. The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request.

  3. The need for consultation, which shall be conducted with all practicable speed, with another agency (e.g. a state agency or city) having a substantial interest in the determination of the request or among two or more components of the District (e.g., two different school sites) with substantial interest in the request.

  4. In the case of electronic records, the need to compile data, write programming language or a computer program, or construct a computer report to extract data.

If the Superintendent or designee determines that the request seeks disclosable public records, the determination shall state the estimated date and time when the records will be made available.


Public records are open to inspection at all times during District office hours. Any reasonably segregable portion of a record shall be made available for inspection by every person requesting the record after deletion of the portions that are exempted by law.
Upon request for a copy that reasonably describes an identifiable record; a copy shall be provided unless it is impracticable to do so.
The Superintendent or designee shall charge an amount for copies that reflects the direct costs of duplication. Written requests to waive the fee shall be submitted to the Superintendent or designee at the time the records request is made.
If a person requests a public record be provided in an electronic format, the District shall make that record available in any electronic format in which it holds the information. The District shall provide a copy of the electronic record in the format requested as long as the requested format is one that has been used by the District to create copies for its own use or for use by other agencies.
The cost of duplicating an electronic record shall be limited to the direct costs of producing a copy of the record in electronic format. However, the requester shall bear the cost of producing the copy of the electronic record, including the cost to construct the record and the cost of programming and computer services necessary to produce the copy, under the following circumstances:



  1. The electronic record is one that is produced only at otherwise regularly scheduled intervals.

  2. The request would require data compilation, extraction, or programming to produce the record.


Assistance in Identifying Requested Records

If the Superintendent or designee denies a request for disclosable records, he/she shall assist the requester in making a focused and effective request that reasonably describes an identifiable record. To the extent reasonable under the circumstances, the Superintendent or designee shall do all of the following:




  1. Assist in identifying records and information responsive to the request or the purpose of the request, if specified.

If, after making a reasonable effort to elicit additional clarifying information from the requester to help identify the record, the Superintendent or designee is still unable to identify the information, this requirement shall be deemed satisfied.




  1. Describe the information technology and physical location in which the records exist.

  2. Provide suggestions for overcoming any practical basis for denying access to the records or information sought.

Provisions of the Public Records Act shall not be construed so as to delay access for purposes of inspecting records open to the public. Any notification denying a request for public records shall state the name and title of each person responsible for the denial.



Date Established: June 7, 2011


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