Adopted: _7-18-18______ MSBA/MASA Model Policy 722
Orig. 2017
Revised: ______________
722 PUBLIC DATA REQUESTS
I. PURPOSE
The school district recognizes its responsibility relative to the collection, maintenance, and dissemination of public data as provided in state statutes.
II. GENERAL STATEMENT OF POLICY
The school district will comply with the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (MGDPA), and Minn. Rules Parts 1205.0100-1205.2000 in responding to requests for public data.
III. DEFINITIONS
A. Government Data
“Government data” means all recorded information that the school district has, including paper, email, flash drives, CDs, DVDs, photographs, etc.
B. Inspection
“Inspection” means the visual inspection of paper and similar types of government data. Inspection does not include printing copies by the school district, unless printing a copy is the only method to provide for inspection of the data. For data stored in electronic form and made available in electronic form on a remote access basis to the public by the school district, inspection includes remote access to the data by the public and the ability to print copies of or download the data on the public’s own computer equipment.
C. Public Data
“Public data” means all government data collected, created, received, maintained, or disseminated by the school district, unless classified by statute, temporary classification pursuant to statute, or federal law, as nonpublic or protected nonpublic; or, with respect to data on individuals, as private or confidential.
D. Responsible Authority
“Responsible authority” means the individual designated by the school board as the individual responsible for the collection, use, and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by state law. Until an individual is designated by the school board, the responsible authority is the superintendent.
E. Summary Data
“Summary data” means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable.
IV. REQUESTS FOR PUBLIC DATA
A. All requests for public data must be made in writing directed to the responsible authority.
1. A request for public data must include the following information:
a. Date the request is made;
b. A clear description of the data requested;
c. Identification of the form in which the data is to be provided (e.g., inspection, copying, both inspection and copying, etc.); and
d. Method to contact the requestor (such as phone number, address, or email address).
2. A requestor is not required to explain the reason for the data request.
3. The identity of the requestor is public, if provided, but cannot be required by the government entity.
4. The responsible authority may seek clarification from the requestor if the request is not clear before providing a response to the data request.
B. The responsible authority will respond to a data request at reasonable times and places as follows:
1. The responsible authority will notify the requestor in writing as follows:
a. The requested data does not exist; or
b. The requested data does exist but either all or a portion of the data is not accessible to the requestor; or
(1) If the responsible authority determines that the requested data is classified so that access to the requestor is denied, the responsible authority will inform the requestor of the determination in writing, as soon thereafter as possible, and shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based.
(2) Upon the request of a requestor who is denied access to data, the responsible authority shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based.
c. The requested data does exist and provide arrangements for inspection of the data, identify when the data will be available for pick-up, or indicate that the data will be sent by mail. If the requestor does not appear at the time and place established for inspection of the data or the data is not picked up within ten (10) business days after the requestor is notified, the school district will conclude that the data is no longer wanted and will consider the request closed.
2. The school district’s response time may be affected by the size and complexity of the particular request, including necessary redactions of the data, and also by the number of requests made within a particular period of time.
3. The school district will provide an explanation of technical terminology, abbreviations, or acronyms contained in the responsive data on request.
4. The school district is not required by the MGDPA to create or collect new data in response to a data request, or to provide responsive data in a specific form or arrangement if the school district does not keep the data in that form or arrangement.
5. The school district is not required to respond to questions that are not about a particular data request or requests for data in general.
V. REQUEST FOR SUMMARY DATA
A. A request for the preparation of summary data shall be made in writing directed to the responsible authority.
1. A request for the preparation of summary data must include the following information:
a. Date the request is made;
b. A clear description of the data requested;
c. Identify the form in which the data is to be provided (e.g., inspection, copying, both inspection and copying, etc.); and
d. Method to contact requestor (phone number, address, or email address).
B. The responsible authority will respond within ten (10) business days of the receipt of a request to prepare summary data and inform the requestor of the following:
1. The estimated costs of preparing the summary data, if any; and
2. The summary data requested; or
3. A written statement describing a time schedule for preparing the requested summary data, including reasons for any time delays; or
4. A written statement describing the reasons why the responsible authority has determined that the requestor’s access would compromise the private or confidential data.
C. The school district may require the requestor to pre-pay all or a portion of the cost of creating the summary data before the school district begins to prepare the summary data.
VI. COSTS
A. Public Data
1. The school district will charge for copies provided as follows:
a. 100 or fewer pages of black and white, letter or legal sized paper copies will be charged at 25 cents for a one-sided copy or 50 cents for a two-sided copy.
b. More than 100 pages or copies on other materials are charged based upon the actual cost of searching for and retrieving the data and making the copies or electronically sending the data, unless the cost is specifically set by statute or rule.
(1) The actual cost of making copies includes employee time, the cost of the materials onto which the data is copied (paper, CD, DVD, etc.), and mailing costs (if any).
(2) Also, if the school district does not have the capacity to make the copies, e.g., photographs, the actual cost paid by the school district to an outside vendor will be charged.
2. All charges must be paid for in cash in advance of receiving the copies.
B. Summary Data
1. Any costs incurred in the preparation of summary data shall be paid by the requestor prior to preparing or supplying the summary data.
2. The school district may assess costs associated with the preparation of summary data as follows:
a. The cost of materials, including paper, the cost of the labor required to prepare the copies, any schedule of standard copying charges established by the school district, any special costs necessary to produce such copies from a machine-based record-keeping system, including computers and microfilm systems;
b. The school district may consider the reasonable value of the summary data prepared and, where appropriate, reduce the costs assessed to the requestor.
Data Practices Contacts
Responsible Authority:
Business Office
507 794-7903
Data Practices Compliance Official:
Superintendent John Cselovszki,
507 794-7903 ext. 1409
John.cselovszki@sleepyeye.mntm.org
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Cross References: MSBA/MASA Model Policy 406 (Public and Private Personnel Data)
MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
