Page 12 - TIPJar Summer 2017
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     Paper Laws,
                                Electronic
                                    Records:
                                AN OVERVIEW OF RECORD RETENTION LAWS
                                    FOR CALIFORNIA SCHOOL EMPLOYEES
               BY DEVON B. LINCOLN AND RYAN P. TUNG
                     ow that the       record retention for    law to be prepared or   be retained or may be
                     California        school districts, and   retained, or which are   destroyed based on the
              NSupreme Court           provides practical      prepared or retained as   following classifications:
               has directly addressed   tips and resources for   necessary or convenient
               the universe of records   school employees when   to the discharge of   • Class 1 – Permanent
               accessible under the    retaining and destroying   official duty.  It is   Records:  Permanent
               Public Records Act, it   records.               important to remember   records are records
               is more important than                          that these regulations   deemed important
               ever that school district   What is a “record”?  have not been updated in  enough to require
               employees and elected                           more than 40 years, and   permanent retention.
               officials familiarize   Regulations             are a poor fit for many   Examples include
               themselves with their   promulgated by the      21st century document   personnel records,
               obligations in retaining   Superintendent of Public   retention questions.   payroll documents and
               school district records to   Instruction in the 1970s                   school board minutes.
               ensure that emails, texts   govern the retention   How long does a school
               and other electronic    and destruction of      district need to retain   • Class 2 – Optional
               communications made     school district records   each record?          Records:  Optional
               or stored in private    in California.  The                             records are records that
               devices and accounts    regulations define a    The contents of a       the superintendent or
               are maintained in       “record” for K-12 school   particular record    designee determines are
               accordance with these   districts as all records,   will determine how   worthy of temporary
               obligations.  This article   maps, books, papers and   long a school district   preservation but do
               outlines California     documents of a school   must maintain that      not require permanent
               regulations governing   district required by    record.  Records must   retention.  Optional
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