Caldwell County Schools

Who can make a public records request?

Anyone is welcome to file a request for information. Eligible public records may be inspected and examined at reasonable times and under reasonable supervision by any person. Copies of public records are furnished to the requester within a reasonable amount of time upon payment of any fees.

What’s the process for making a public records request?

The law does not specify a procedure and there is no specific form provided in the law. Caldwell County Schools accepts public records requests through a request form available on our website, email, and in writing. The law does not require an agency to respond to requests or provide information verbally.

What is a public record?

According to NC General Statute Chapter 132, public records are all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data‑processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government. But not all records of an agency of North Carolina government are considered public records. Other North Carolina statutes limit records' eligibility for public review and inspection, or deem certain types of records as confidential.

What is Confidential Information?

According to North Carolina Law, some records are not subject to public disclosure, such as:

• Student records*
• Personnel records (NC Gen. Stat. 115C-314)
• Attorney/client communications
• Trade Secrets
• Account numbers, individual's signature, date of birth, drivers license number, social security number or other identifying information
• Criminal investigation information
• Emergency response plans
• Hospital, medical, and professional counselor records
• Certain financial records
• Closed session minutes of board and board committee meetings until the disclosure of the minutes.

If a record contains public and confidential information, the agency may separate or redact the confidential parts. If the entire document is confidential, the agency is not required to produce the record.

* The Family Educational Rights and Privacy Act (FERPA) is a federal law that also protects the privacy of student records. For more information, visit the FERPA website.

The link is http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Are there fees for obtaining public records?

Caldwell County Schools charges a reasonable fee for expenses associated with retrieving, copying, and supervising the examination of public records. The minimal fee is based on the actual cost of reproducing the public record of public information, to include the required supervision to maintain the integrity of the records.

• $20/hour for actual time spent retrieving and copying documents and/or for supervising the examination of public records. There is no charge if the time spent on those tasks is less than one hour.
• Additionally, 10 cents per page for copies if more than 15 pages must be copied to complete the request.
• There is a minimum charge of $50 for records that must be extracted from computer databases. For requests that take more than one hour, the fee is $45/hour.

As a general rule, the Caldwell County School System requires advance payment of the estimated fee. Checks may be made payable to the Caldwell County Schools. An estimation of the cost is based on the volume of the request; the time required retrieving the requested records; and whether the records must be extracted from computer databases.

How long does it take to process a Request for Public Records?

Simple requests can typically be completed within 48 hours. However, North Carolina law allows for reasonable time to respond to requests for public records. This includes time to determine whether a public record is also a confidential record that need not or cannot be released. The law states that public records are made available during customary office hours and a public agency is only required to provide copies of public records that exist.

What happens after a Request for Public Records is made?

After you make a public records request, a Caldwell County Schools designee will acknowledge that request, usually through an e-mail.

Next, your public record is entered on the Public Records Request Log, including the date requested, a description of the request, and your contact information.

The request is also forwarded to the offices and individuals that may have documents that are responsive to the request. For simple requests, those offices are advised to retrieve the documents and return them to the public records designee, who contacts the Caldwell County Board of Education attorney to determine if any documents or portions of those documents should be redacted or withheld because they are confidential under law.

If there are no confidentiality issues or if confidential information can be redacted, the next step is to provide them to the requester in whatever form that person prefers.

If no records are eligible for public review and inspection, the requestor will be notified. If records are determined to be confidential and not eligible for public review and inspection, the designee will cite the relevant statute of North Carolina law.

Can an individual request copies of public records in any medium?

If the agency has the capability to provide copies in different kind of media (for example, in print or on computer disk), requesters can ask for copies in any media available. Fees for producing copies may be imposed. The agency is not required to put a record in a specific medium if that record is not already kept in that medium.

Must an agency create or compile a record upon request?

No. An agency is not required to create a record that does not already exist.

How are processing fees paid?

Processing fees are paid via check. All checks for public records requests should be made payable to Caldwell County Schools. Payment is required before documents are retrieved. Any differences in the estimated cost and the actual costs are resolved prior to the documents being made available.

Public Records Request Log

The Caldwell County Schools designee will maintain a Public Records Request Log. The log will include the initial request date, the requester’s information and a description of the request. Please be aware that requests for public records are themselves a public record. This means that the requester's name, request, and the documents provided are all subject to public disclosure.

Public Records Available Online

In an effort to provide the public information reflecting the successes and operations of the Caldwell County Schools, public information is posted on the Caldwell County Schools Website, such as the NC School Report Cards, Fact Sheets, Budget information, Board of Education policies and minutes, schedules and much more.