ehb_record_retention
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ehb_record_retention [2026/09/08 17:10] sau47 |
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| As used in this policy, "records" means all written communications or other information, whether in paper, electronic, digital, cloud or other physical form.\\ | As used in this policy, "records" means all written communications or other information, whether in paper, electronic, digital, cloud or other physical form.\\ | ||
| - | A. Record Retention Schedule. Records of the District shall be retained no less than the time prescribed in District’s Record Retention Schedule EHB-R. The Superintendent shall update the Record Retention Schedule from time-to-time in accordance with legislative or regulatory changes, directives of the Board, as recommended by the New Hampshire School Boards Association, or upon advice of counsel. The Superintendent shall inform the Board of any revisions to EHB-R no later than the second School Board meeting after the changes were made.\\ | + | **__A. Record Retention Schedule.__** Records of the District shall be retained no less than the time prescribed in [[ehb-r_procedures_for_general_records|District’s Record Retention Schedule EHB-R]]. The Superintendent shall update the Record Retention Schedule from time-to-time in accordance with legislative or regulatory changes, directives of the Board, as recommended by the New Hampshire School Boards Association, or upon advice of counsel. The Superintendent shall inform the Board of any revisions to [[ehb-r_procedures_for_general_records|EHB-R]] no later than the second School Board meeting after the changes were made.\\ |
| - | B. Special Holding or Destruction Provisions. Notwithstanding the District’s Record Retention Schedule, (a) special destruction rules may apply to student special education records, and, (b) for other records, the normal retention periods may be suspended when the records are implicated by either a litigation hold or a request for records under the New Hampshire Right to Know law, RSA 91-A.\\ | + | **__B. Special Holding or Destruction Provisions.__** Notwithstanding the District’s Record Retention Schedule, (a) special destruction rules may apply to student special education records, and, (b) for other records, the normal retention periods may be suspended when the records are implicated by either a litigation hold or a request for records under the New Hampshire Right to Know law, RSA 91-A.\\ |
| - | 1. Student/Pupil Register. Pursuant to RSA 189:27 through 189:27-b, the District is required to maintain permanently a "Pupil Register" for each pupil/student ("student" throughout). The registers must include the data and information from time-to-time designated by the Department of Education, but at a minimum, basic enrollment information, attendance and scholarship. Although such student registry records are also "student records" under the Family Educational Rights and Privacy Act ("FERPA"), not all student records are registry records. This Paragraph B.1 applies only to registry records. Registry records may be maintained "through the use of computers," provided that the software allows printing of the required information. RSA 189:27-a. Additionally, whether stored electronically digitally, or in paper form, "complete and accurate records of students' attendance and scholarship" must be "permanently kept and safely stored in a fire-resistant file, vault or safe." Ed 306.04 (b)(4)(a).\\ | + | **1. Student/Pupil Register.** Pursuant to RSA 189:27 through 189:27-b, the District is required to maintain permanently a "Pupil Register" for each pupil/student ("student" throughout). The registers must include the data and information from time-to-time designated by the Department of Education, but at a minimum, basic enrollment information, attendance and scholarship. **Although such student registry records are also "student records" under the Family Educational Rights and Privacy Act ("FERPA"), not all student records are registry records. This Paragraph B.1 applies only to registry records.** Registry records may be maintained "through the use of computers," provided that the software allows printing of the required information. RSA 189:27-a. Additionally, whether stored electronically digitally, or in paper form, "complete and accurate records of students' attendance and scholarship" must be "permanently kept and safely stored in a fire-resistant file, vault or safe." Ed 306.04 (b)(4)(a).\\ |
| - | 2. Records Relating to Federal Funds. Before any records related to federal funds are destroyed, the requirements of the General Education Provisions Act (GEPA) 20 U.S.C. 1232f shall be observed. Namely, that statute requires that the district "keep records which fully disclose the amount and disposition by the recipient of [federal] funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit for three years after the completion of the activity for which the funds are used." Therefore, if the purchase is made in part or in whole with federal funds, the record must be retained for three years after the completion of the activity for which the funds are used, notwithstanding any shorter retention period for similar records under the retention schedule, EHB-R(1). Accordingly, to the extent that EHB-R(1), or other authorities, suggest a different retention period for a type of document (e.g., purchase order, with accompanying documentation), the longer retention period will apply.\\ | + | **2. Records Relating to Federal Funds.** Before any records related to federal funds are destroyed, the requirements of the General Education Provisions Act (GEPA) 20 U.S.C. 1232f shall be observed. Namely, that statute requires that the district "keep records which fully disclose the amount and disposition by the recipient of [federal] funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit for three years after the completion of the activity for which the funds are used." Therefore, if the purchase is made in part or in whole with federal funds, the record must be retained for three years after the completion of the activity for which the funds are used, notwithstanding any shorter retention period for similar records under the retention schedule, [[ehb-r_procedures_for_general_records|EHB-R(1)]]. Accordingly, to the extent that [[ehb-r_procedures_for_general_records|EHB-R(1)]], or other authorities, suggest a different retention period for a type of document (e.g., purchase order, with accompanying documentation), the longer retention period will apply.\\ |
| - | 3. Special Education Records.\\ | + | **3. Special Education Records.**\\ |
| a. Upon a student's graduation from high school, his or her parent(s)/guardian(s) may request in writing that the District destroy the student's special education records, including any final individualized education program.\\ | a. Upon a student's graduation from high school, his or her parent(s)/guardian(s) may request in writing that the District destroy the student's special education records, including any final individualized education program.\\ | ||
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| f. The parent(s)/guardian(s) may, at any time prior to the student's twenty-sixth birthday, request, in writing, that the records be retained until the student's thirtieth birthday.\\ | f. The parent(s)/guardian(s) may, at any time prior to the student's twenty-sixth birthday, request, in writing, that the records be retained until the student's thirtieth birthday.\\ | ||
| - | 4. Litigation Hold. On receipt of notice from legal counsel representing the District in that a litigation hold is required, the routine destruction of governmental records, including paper and electronic or digital records, which are or may be subject to the litigation hold shall cease. The destruction of records subject to a litigation hold shall not resume until the District has received a written directive from legal counsel authorizing resumption of the routine destruction of those records in accordance with the retention requirements of this policy and the associated procedures.\\ | + | **4. Litigation Hold.** On receipt of notice from legal counsel representing the District in that a litigation hold is required, the routine destruction of governmental records, including paper and electronic or digital records, which are or may be subject to the litigation hold shall cease. The destruction of records subject to a litigation hold shall not resume until the District has received a written directive from legal counsel authorizing resumption of the routine destruction of those records in accordance with the retention requirements of this policy and the associated procedures.\\ |
| - | 5. Right-to-Know Request Hold. On receipt of a Right-to-Know law request to inspect or copy governmental records, the Superintendent shall cease any destruction of governmental records which are or may be the subject of the request. The records shall be retained regardless of whether they are subject to disclosure under RSA Chapter 91-A, the Right-to-Know law. If a request for inspection is denied on the grounds that the information is exempt under this chapter, the requested material shall be preserved for no less than ninety (90) days and until any lawsuit pursuant to RSA 91-A:7-8 has been finally resolved, all appeal periods have expired, and a written directive from legal counsel representing the District authorizing destruction of the records has been received.\\ | + | **5. Right-to-Know Request Hold.** On receipt of a Right-to-Know law request to inspect or copy governmental records, the Superintendent shall cease any destruction of governmental records which are or may be the subject of the request. The records shall be retained regardless of whether they are subject to disclosure under RSA Chapter 91-A, the Right-to-Know law. If a request for inspection is denied on the grounds that the information is exempt under this chapter, the requested material shall be preserved for no less than ninety (90) days and until any lawsuit pursuant to RSA 91-A:7-8 has been finally resolved, all appeal periods have expired, and a written directive from legal counsel representing the District authorizing destruction of the records has been received.\\ |
| - | C. Disposal of Sensitive Information & Media Sanitization . District records which include “Sensitive Information” shall be destroyed as provided in this paragraph. All electronic devices with storage capacity shall be deemed to contain sensitive information. For purposes of this section, “Sensitive Information” shall mean and include:\\ | + | **__C. Disposal of Sensitive Information & Media Sanitization.__** **District records which include “Sensitive Information” shall be destroyed as provided in this paragraph.** All electronic devices with storage capacity shall be deemed to contain sensitive information. For purposes of this section, **“Sensitive Information”** shall mean and include:\\ |
| Records containing student or employee personally identifiable information (PII) as defined in RSA 189:65, VII and VII-a;\\ | Records containing student or employee personally identifiable information (PII) as defined in RSA 189:65, VII and VII-a;\\ | ||
| - | Criminal History Records Information (see Board policy GBCD); Drug test records;\\ | + | Criminal History Records Information (see [[gbcd_criminal_history_records_check_background_investigation_also_ijoc|Board policy GBCD]]); Drug test records;\\ |
| Child labor permits; Cobra notices; Accident reports;\\ | Child labor permits; Cobra notices; Accident reports;\\ | ||
| Special education student records;\\ | Special education student records;\\ | ||
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| Any other information that would be exempt from disclosure under RSA 91-A:5 or deemed sensitive information by the Board, the Superintendent, Building Principal or their designees.\\ | Any other information that would be exempt from disclosure under RSA 91-A:5 or deemed sensitive information by the Board, the Superintendent, Building Principal or their designees.\\ | ||
| - | 1. Physical media (i.e., “hard copies”, print-outs, etc.) including sensitive information shall be destroyed by one of the following:\\ | + | **__1. Physical media__** (i.e., “hard copies”, print-outs, etc.) including sensitive information shall be destroyed by one of the following:\\ |
| shredding using District issued cross-cut shredders;\\ | shredding using District issued cross-cut shredders;\\ | ||
ehb_record_retention.txt · Last modified: 2026/09/08 17:19 by sau47
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