The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

8320 - RECORDS MANAGEMENT

The Superintendent is the custodian of the Districtís public records and is responsible for maintaining them.

The Bureau of Archives and Records Management

The Florida Department of State, Bureau of Archives and Records Management (Bureau) establishes standards for controlling, retaining, destroying, and preserving public records. The Superintendent must adhere to these standards. Florida's records management program is authorized by F.S. 257.36 and applies to public records as defined in F.S. 119.011(11).

Records Management Responsibilities

The Superintendent shall comply with Statelaw, and designate a Records Management Liaison Officer (RMLO) for the District. The Records Management Liaison Officer is the primary point of contact between the District and the Bureau of Archives and Records Management.

Records Retention Schedule

The District shall submit a request for records retention to the Bureau of Archives and Records Management for all record series being used by the District. Each records retention schedule is analyzed by the Bureau to determine the document value and thus establish a period of time for which the documents are to be retained. In addition, the records retention schedule is reviewed to determine whether the records merit further retention by the State in the Florida State Archives. Once approved by the Bureau, the records retention schedule becomes the District's official retention schedule for the record. The Records Management Liaison Officer is responsible for maintaining existing records retention schedules and submitting new and updated requests to the Bureau.

Records Disposition/Destruction

After the minimum retention has been met, disposition of the records is recommended. Disposition may be by physical destruction, transfer to another agency or, erasure of electronic records.

Prior to records disposition, the Records Management Liaison Officer must ensure that all retention requirements have been satisfied and shall document the following:

 A.records retention schedule number

 B.item number

 C.record series title

 D.inclusive dates of the records

 E.volume in cubic feet for paper records; the number of bytes and/or records and/or files if known, or indicate the disposed records were in electronic form

 F.disposition action and date

Litigation Hold

In certain circumstances, the District must maintain information created, maintained or otherwise stored by the District outside the "Records Retention Schedule". In these situations, a "Litigation Hold" procedure will be used to identify and preserve information relevant to a specific matter. "Information" includes both paper documents and electronically stored information ("ESI"). When implementing the "Litigation Hold," the District will identify individuals in possession or custody of paper documents, ESI and electronic media containing ESI, and inform them of their obligation to preserve the documents and ESI outside the "Records Retention Schedule". The District will also identify third parties with custody or control over paper documents, ESI, or electronic media storing ESI, and request them to preserve that information. All information falling within a "Litigation Hold," which is under the control of the District, must be preserved in a readily accessible form and cannot be disposed of under the "Records Retention and Disposal" requirements. Failure to comply with a Litigation Hold notice may result in disciplinary action, up to and including possible termination.

The Board must maintain information outside the "Records Retention Schedule" when:

 A.the Board has specific information and/or written notice from an individual, parent or student of an intent to file an appeal of student discipline to State court;

 B.the Board has specific information and/or written notice that litigation is imminent even though the litigation has not yet been filed in Federal or State court;

 C.the Board is served with litigation, including, but not limited to, notice of a lawsuit in Federal or State court, or notice of a student disciplinary appeal to State court;

 D.the Board receives specific information and/or written notification from an employee, labor union, or other person of an intent to file a claim against the Board, its members, employees or agents at an administrative agency such as the Equal Employment Opportunity Commission, Florida Employment Relations Commission, U.S. Department of Education Office for Civil Rights, State Personnel Board of Review, or a Civil Service Commission regarding a claim against the Board, its members, employees or agents;

 E.the Board receives specific information and/or written notification from an administrative agency such as the Equal Employment Opportunity Commission, Florida Employment Relations Commission, U.S. Department of Education Office for Civil Rights, State Personnel Board of Review, or a Civil Service Commission regarding a claim against the Board, its members, employees or agents;

 F.the Board receives written notification from a third party requesting that the Board maintain information that could be at issue in litigation or potential litigation against that third party;

 G.the Superintendent recommends the termination of an employee to the Board pursuant to a labor contract;

 H.the Board explores, contemplates or initiates litigation.

Definitions

"Documents" includes, but is not limited to, writings, drawings, graphs, charts, photographs, blueprints, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained or translated if necessary.

Form Control Management System

The Superintendent shall also establish a reports and forms control management system. The Records Management Liaison Officer shall develop and operate the records and forms control management system.

Those forms, as indexed in the Forms Index and located in the Department of Records and Forms Management constitute the approved District forms as required by F.S. 120.53(1)(b). A copy of any form listed in the Index may be obtained without cost from the Department of Records and Forms Management.

New or Revised Forms

Any new or revised form must be submitted to the Department of Records and Forms Management for review and approval. Any form developed by the District which imposes any requirement or solicits any information not required by Statute or by an existing rule must be submitted for approval by the Board, and an approval shall be included in the Forms Index and placed on file in the Department of Records and Forms Management.

F.S. 119.011, 1002.22
F.A.C. 1B-24.0039(9)