Professional Report

NEGLECTED, OR DEPENDENT CHILDREN

the child is abused, neglected, or dependent or if the child has been adjudicated as abused, neglected, or dependent.

The district responsible for sending the records may request a copy of the court order regarding the child’s custody or placement but may not withhold the student’s records pending receipt of that copy. If a board of education provides or approves for students’ summer activities (which must be approved by parents), the superintendent is required to “cause records” to be kept of those activities which are assigned and completed. Interestingly, such summer activities can be required for promotions or graduation, but they then become subject to the approval of the state board of education. Generally speaking, ORC Section 149.43 governs the release of records. With the exception of records exempted in this section of law, all public records responsive to this request shall be promptly prepared for inspection “at all reasonable times during regular business hours.” (Subsequent sections do provide for some additional limited exceptions.) In addition, the person responsible for the records shall make copies of the requested public records “within a reasonable period of time” and at cost (which may not include staff time). However, the statute is generally interpreted liberally so long as information protected by federal statute is not released. This would include certain student records covered by the Family Educational Rights and Privacy Act (FERPA). Please see Appendix S for additional information on FERPA, including model notices to parents. In particular, if a public body denies a records request, ORC 149.43(B)(3) requires that the public body must provide the legal authority for the denial of the request. Appendix P is the most recent list of legal citations (as compiled by BASA legal counsel Bricker & Eckler) that might be used in the denial of the records request. A school district or school is prohibited from altering, truncating, or redacting any part of a student's record so that any information on the record is rendered unreadable or unintelligible during the course of transferring that record to an educational institution for a legitimate educational purpose. Boards of education are permitted to adopt a schedule of fees for materials used for instruction and a schedule of charges which may be imposed upon students for the loss, damage, or destruction of school apparatus (e.g. equipment, musical instruments, library material, textbooks, or electronic textbooks) or damage to school buildings. The payment of these fees and charges may be enforced by withholding the student’s grades and credits. However, no student eligible for a free (not reduced price) lunch can be charged a fee for any materials used in a course of instruction. This broad exemption does not apply to the loss, damage, or destruction cited above. It also does not apply to any charges for non-instructional purposes (e.g. “pay to participate” fees, parking permits, etc.) nor to fund raising activities. The permission to withhold grades and credits does not apply in the case of abused, neglected, or dependent children. See RECORDS OF ABUSED, NEGLECTED, OR DEPENDENT CHILDREN above.

RECORDS OF SUMMER ACTIVITIES

3313.57

RECORDS REQUESTS, PUBLIC

149.43

RECORDS, TRANSFERRING STUDENT

3319.323

RECORDS, WITHHOLDING STUDENT

3313.642

RECREATIONAL WORKERS

3313.58

Boards of education of city, exempted village, and local school districts may employ persons for recreational work upon nomination by the