Records retention rules
Kentucky School Advocate
April 2023
By Eric Kennedy
KSBA Director of Advocacy
Can we throw these old files away?
When it comes to the laws controlling how districts manage records, the answer to that question is “maybe, maybe not.” Like everything in public schools, there are state laws that control what records you must create, how you maintain them, which records are open to the public or confidential, and, lastly, how and when you keep records on file vs. when you can or must destroy them.
What are the rules for retention of district records?
Pursuant to KRS 171.520, the Kentucky Department for Libraries and Archives (KDLA) is charged with the supervision of state and local government agency records, including local school districts. KDLA primarily does this work through the creation and updating of many different “records retention schedules” that are unique for different agencies. For many years, the KDLA has maintained a specific records retention schedule for public school districts. This schedule is binding on districts and the provisions carry the force of law. KDLA also has certain forms districts may be required to use to notify the state of any records that are destroyed.
What does the schedule look like?
The schedule itself has some overall rules explaining the process for creating, keeping and destroying records, including notice a district must give to KDLA when it destroys records. The majority of the schedule is a listing of each type of record, with unique terms for how long it must be kept on file by the district. For example, the schedule has created the category of “L2015 – Official Minutes of the Board of Education,” and deems them a “vital record” that the district must “retain permanently.” By comparison, the category of “field trip request file” is not vital and may be destroyed after five years.
What if a type of record is not listed in the schedule?
The KDLA has attempted to cover every possible type and category of record that may exist or be created by school districts, but new types of information and records arise from time to time. That is why the schedule is amended by KDLA, as needed. Anyone may request that KDLA consider making an amendment to the schedule. When in doubt, and when a record cannot fit in any existing category of the schedule, the safest approach is to maintain the record.
Is there a local school board policy on this?
Of course there is! The most relevant board policy governing this issue is “Records Management” at 01.61. Common provisions of this policy involve not only citing to the record retention schedule, but also the process for designating the district records officer, special local rules and required procedures to respond to information security breaches.
Is training available to learn more about this process?
Yes. In addition to training provided by KSBA for board members, district staff that work with records may contact KDLA’s Archives and Records Management Division staff which provides records management training for public school districts. The training has been approved for EILA credit by the Kentucky Department of Education and may be done at the school district offices. For information contact KDLA at 502-564-1745.