BOARD POLICY 4101.8
Availability of Public Records
A. The Ironton City School District will maintain its records in accordance with the Board approved
records retention schedules, and will not transfer or destroy records without first obtaining proper
authorization as provided by statute.
B. The Ironton City School administration shall promptly prepare and make available for inspection all
public records at reasonable times, during regular business hours.
C. Upon request, a person assigned the responsibility for public records shall make copies of public
records available at cost and within a reasonable time.
D. A “public record” is defined as any document, device, or item which serves to document the Ironton
City School District functions, policies, decisions, procedures, operations, or other activities.
E. Ohio Revised Code Section 149.43 lists the following exceptions to the release of public records:
1. Medical Records
a. This information must pertain to the medical history, diagnosis, or medical condition of a
patient, and
b. The information must have been generated and maintained in the process of medical treatment.
c. Does not include birth, death, hospital admission, or hospital discharge records.
d. Report of a medical professional generated as part of the decision-making process regarding
employment, but not generated in the process of medical treatment is not within the medical
records exception.
2. Adoption, Probation and Parole Records
a. Adoption records cannot be released.
b. Probation records need not to be releases even to the defendant.
c. Documents reviewed by the Parole Board in preparation for parole hearing and
documents containing the parole board’s findings are not public records.
3. Juvenile Permission Records Under O.R.C. 2151.85 and appeals there from.
4. Trial Preparation Records
5. Confidential Law Enforcement Investigatory Records.
6. Records the Release of which is prohibited by State or Federal Law.
Some examples are:
a. Information that is subject to the attorney-client privilege.
b. Records on arrested juveniles where fingerprints or photographs have been taken.
c. Certain information supplied by the Code Ethics Commission and proceedings on a
complaint or charge.
d. Taxpayer records maintained by the Ohio Department of Taxation.
e. Educational information maintained on students.
i. Ohio Revised Code Section 3319.321 provides that no person shall release, or permit access to
personally identifiable information concerning students attending a public school to any person
or group for use in a profit-making activity.
ii. No person shall release, or permit access to personally identifiable information other than
“ directory information” without written consent of a parent, guardian, or custodian of each
student who is less than eighteen nor without the written consent of a student who is eighteen
and attending a public school other than for administrative use by board employees or the state
or any of its political subdivisions, or any court or federal government. The Board is not
prevented from transferring a student’s record to an educational institution for a legitimate
educational purpose.
iii. A principal or chief administrative officer or an employee of the Board authorized to handle
school records, shall provide access to student’s records to a law enforcement officer who
indicates that he is conducting an investigation and the student is or may be a missing child.
Any orders and requests for information issued pursuant to, O.R.C. Section 2151.14 and
2151.141 must be compiled with the proper school authorities.
iv. “Directory information” includes a student’s name, address, telephone listing, date and place
of birth, major field of study, participation in officially recognized activities and sports,
members of athletic teams ( height and weight may be included), dates of attendance, date of
graduation, and award received.
v. If a student eighteen years of age or older or a student’s parent, guardian, or custodian has
informed the board that any or all such directory information should not be released without
his/her prior consent, the board will not release that information without such person’s prior
written consent.
vi. Student records are also subject to the provisions of federal law and regulations which provides
a right on the part of eligible pupils to inspect and review a pupil’s education records; to
challenge the accuracy of information contained in the records, and to prohibit disclosure of
the records in certain circumstances.
vii. Exceptions are made for “directory information” under federal law, however, the Board is
required to give notice of specific types of information designated as “directory information”
and to provide a reasonable amount of time for the parent to inform the Board as to any
information which may not be released.
viii. The Board will advise parents of their rights under federal law and adopt regulations
dealing with the inspection of records. Upon proper request, the Board will grant a hearing
to challenge the accuracy of records and provide an opportunity for corrections of
inaccurate records.
F. The Ironton City Board will provide notice whenever personal information is placed on a combined or
interconnected information system and adopt rules for the compliance with the Privacy Act.
(Chapter 1347 O.R.C. )
G. The Board will collect only such information as is necessary for the performance of its duties, to
maintain only information which is accurate, relevant, timely, complete, and will eliminate
information from the system which is no longer necessary.
H. Individuals will be permitted to inspect all personal information in school files of which they are subject
to dispute the accuracy, relevancy, timeliness, or completeness of any such information.
I. When a challenge is made under paragraph (H) above the Ironton City School District will conduct a
reasonable investigation and delete any information that it cannot verify or that the school finds to be
inaccurate. If the challenger protests the findings of the investigation he will be permitted to include in
the file a brief statement of his position.
J. The Board will appoint a responsible officer for the employee record system and constantly monitor the
system to ensure accuracy and relevancy of the material.
K. The Privacy Act provides that it must be construed to prohibit the release of public records required to
be open for inspection by O.R.C. 149.43
Legal References : 20 USC 1232 G
O.R.C. 149.43
O.R.C. 3107.17
O.R.C. 3319.321
O.R.C. 2951.03
O.R.C. 2151.03
O.R.C. 2505.073
O.R.C. 102.06
O.R.C. 2151.358
O.R.C. 5703.021
O.R.C. 2151.14
O.R.C. 2151.141
O.R.C. CHAPTER 1347
OPINION OF THE OHIO ATTORNEY GENERAL 87-010
89-005