Page 14 - TIPJar Summer 2017

records must be retained Neither the Education Retaining emails as guidance is available
until they are reclassified Code nor regulations records at no cost to school
as disposable records. address the procedures districts by emailing
Once this reclassification for the actual Because they have not Lozano Smith’s Client
occurs, the school destruction of records been updated since Services department
district must follow the belonging to a school their adoption, the at clientservices@
timeline for destruction district. However, regulations applicable to lozanosmith.
of disposable records regulations do prescribe school and community com. Additionally,
discussed below. steps for community college districts do not districts may wish to
colleges to follow, specifically address the train employees on
• Class 3 – Disposable detailed below: retention of emails, and implementation of these
Records: Disposable thus do not account new policies.
records are those 1. The superintendent for the intricacies and
records that are not (or designee) submits a unique issues that These regulations
classified as permanent list of documents that email retention raises. raise many questions.
or optional. Disposable may be destroyed to the A school district’s For instance, can a
records cannot be board, certifying that staff may exchange school district retain
destroyed until either: none of the documents thousands, tens of electronic copies of old
(1) after the third included in the list are thousands or even records and destroy
July 1 succeeding the included in conflict with hundreds of thousands the physical originals?
completion of all legally the Education Code or of emails per day, and How does a district
required audits, or (2) the regulations. the notion of a single comply with these rules
after the ending date person reviewing each while also complying
of any retention period 2. The superintendent one of those emails with the Family
required by any agency (or designee) on a yearly basis is Educational Rights
other than the state, recommends that the unrealistic. Therefore, and Privacy Act and
whichever date is later. documents in the list be school districts may wish other state and federal
destroyed. to consider establishing laws? The answers to
• Continuing Records: or updating their own these questions are
All records must be 3. The board may either policies to provide clear surprisingly complicated
classified prior to approve or deny the guidelines for school and frequently require
destruction. But the proposal. Alternatively, district employees consultation with legal
regulations provide the board may approve on how to handle the counsel, so proceed with
restrictions on when a the proposal in part, retention of school caution before you hit
record may be classified ordering certain district emails, and to “delete.” 
as Class 1, Class 2 or documents in the list reflect City of San Jose’s
Class 3. For example, reclassified. This will be expansion of what must Devon B. Lincoln is a
certain records, known an action on the agenda be disclosed under the Partner in Lozano Smith’s
as “continuing records,” that must be recorded Public Records Act. Monterey office, and co-
may not be classified as in the board minutes. chair of the firm’s Facilities
permanent, optional or The list of documents These policies are & Business Practice Group.
disposable until their that are approved for generally adopted to
“usefulness ceases.” destruction must be supplement existing Ryan P. Tung is an
Continuing records attached to the board record retention Associate in Lozano Smith’s
are those records that minutes. regulations. To help Walnut Creek office, and
remain active and useful school districts in co-chair of the firm’s
for administrative, legal, 4. The records that preparing such policies, Charter Schools Practice
fiscal or other purpose. the board has ordered Lozano Smith has Group.
destroyed may be created guidance which
If records may be destroyed by shredding, provides optional
destroyed, what is burning or pulping. The policy language
the proper manner of superintendent (or for school districts
destruction? designee) must supervise addressing email
this process. retention. A copy of this

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