KDB-R Public's Right to Know/Access to Information

Title

Public’s Right to Know/Access to Information

Designation

KDB-R

Office/Custodian

Education/Director of Communications

 

District 49 is committed to transparency and open government. The following process applies to requests by members of the public, including parents, community members, media organizations and other third parties, for inspection of public records maintained by the district. A person who has the right to inspect a public record also has the right to request to be furnished a copy of the record under the Colorado Open Records Act (CORA) (§ 24-72-201 to 206, C.R.S).
 
This regulation helps to ensure that District 49 meets all constitutional and statutory duties under CORA to all stakeholders in a timely and orderly manner.
 

Process for requesting record

1. All requests for public record(s) maintained by the district shall be specific enough to allow the district to efficiently identify the requested record and respond to the request. To clarify and facilitate the processing of a request to inspect and/or obtain copies of records, the district requires that the request be made via mail, in person or submitted on the CORA page of D49.org.
 
2. After review and determination that a request is complete and valid, all requests for public records will be forwarded immediately to the director of communications for processing.
 
3. The district has no duty to create a public record that does not already exist.
 
4. District 49 will make every effort to make the record available within three working days as required by § 24-72-203(3)(b),
C.R.S. The director of communications, with approval from the chief officers, can issue an extension, up to seven working days, if extenuating circumstances exist, as described in § 24-72-203(3)(b), C.R.S.
 
A request is considered received by District 49 the day it is determined to be complete and valid. The three working-day response time begins the first working day following the date of that determination.
 
5. If the person seeking the record requests the record(s) be sent, the custodian of records shall notify the person once the record is available that it will only be transmitted when the custodian receives payment or makes arrangements for receiving payment for all costs associated with the record transmission and for all other fees lawfully allowed, unless the custodian waives all or any portion of such costs or fees.
 
Upon receipt of payment of any applicable copy costs and/or other fees, or upon making payment arrangements with the person requesting the record (when applicable), the custodian of the records will either send a copy of the record by electronic mail, or make arrangements for the requestor to review the records at a district facility.
 
6. The public will not be allowed to directly use either its own or the data processing equipment of the school district when inspecting or copying public records. In every instance, the manual or electronic functions necessary to extract, collage, organize, retrieve, copy or otherwise manipulate the information and data necessary to produce the record or allow for its inspection shall be performed by school district personnel, and appropriate fees will apply.
 

Fees

1. The fee for copying public records will be $.25 per page unless actual costs exceed that amount.
 
2. No transmission fee will be charged for transmission via electronic mail.
 
3. If the district, in order to fulfill a specific request, processes data to generate a record in a form not used by the district, it may charge a reasonable fee not to exceed the actual cost of preparing the data and generating the record. Fulfilling such a request will be at the option of the district. The requestor will have the option to withdraw the request to prevent the expense incurred in using district resources to create a new record.
 
4. If the district, in response to a substantial request, anticipates more than one hour of staff time will be required to research, retrieve, review or produce records, it may charge a fee of $30 per hour (after the first hour) for all staff time required to fulfill the request. Any costs to be charged to the requestor shall not to exceed the actual cost to research, retrieve, review and produce the records.
 
For requests where more than one hour of staff time will be consumed, District 49 will provide advanced notice and an estimate of the compliance costs to the requestor. Estimated costs must be paid in full before the production of records unless alternative arrangements have been made through the chief officer team or designee. The three working day response requirement will not include time needed to perfect the agreement on fees.
 

5. The chief officer team or designee may reduce or waive any fee for copies or services where:
a. a person demonstrates that he or she in indigent;
b. the record is being provided to another governmental agency, including a school.

  • Adopted: July 12, 2005
  • Revised: January 14, 2010
  • Revised: October 27, 2011
  • Revised: December, 10, 2015
  • Reviewed: April 12, 2018