Authorities: 2 CFR Part 200; 34 CFR Parts 75 and 300; Texas Government Code; Texas Local Government Code; 19 TAC Chapter 101; Texas State Library and Archives Commission Local Schedule SD
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RECORDS RETENTION SCHEDULES
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The director and librarian, under the direction of the Texas State Library and Archives Commission, prepares and distributes the records retention schedules for each type of local government, including a schedule for records common to all types of local government.
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Prescribed retention periods have the same effect as if prescribed by law after the records retention schedule is adopted as a rule of the Texas State Library and Archives Commission.
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DEFINITIONS
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Director and librarian means the executive and administrative officer of the Texas State Library and Archives Commission respectively.
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Local government means a county, including all district and precinct offices of a county, municipality, public school district, appraisal district, or any other special-purpose district or authority.
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Local government record means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business.
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Records retention schedule means a document issued by the Texas State Library and Archives Commission under
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Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a
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USE OF LOCAL SCHEDULE SD
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Local Schedule SD sets mandatory minimum retention periods for records commonly found in local educational agencies (LEAs), and is for the use of:
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LEAS GOVERNED BY STATE AGENCIES OR STATE BOARDS
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The State and Local Records Management Division of the Texas State Library and Archives Commission determines the extent to which the following LEAs governed by state boards use Local Schedule SD:
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LOCAL SCHEDULE SD ABBREVIATIONS
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RETENTION PERIOD
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Certain records are assigned the retention period of AV, and this retention period affords local governments the maximum amount of discretion in determining a specific retention period for a record.
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MULTIPLE COPIES AND THE OFFICIAL RECORD
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Where several copies are maintained, each local government should decide:
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Local government records management programs should establish policies and procedures to provide for the systematic disposal of copies.
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MULTIPLE RECORDS MAINTAINED TOGETHER
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For a record maintained in a bound volume with pages not designed for removal, the retention period dates from the date of last entry, unless otherwise stated.
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If two or more records are maintained together and are not severable, the combined record must be retained for the length of time of the component with the longest retention period.
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ELECTRONICALLY STORED DATA
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The retention period for a record applies to the record regardless of the medium in which it is maintained.
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Electronically stored data that is used to create in any manner a record or the functional equivalent of a record, as described in Local Schedule SD, must be retained, along with the hardware and software necessary to access the data, for the retention period assigned to the record, unless the backup copies of the data generated from electronic storage are retained in paper or on microfilm for the retention period.
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CONFLICTS WITH OTHER LOCAL SCHEDULES
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In any instances of conflict between retention periods among Local Schedule SD, Local Schedule GR, or Local Schedule TX, the retention periods in Local Schedule SD take priority.
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GRANT RECORDS
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LEAs maintain many records includable among the general administrative, financial, and personnel record series in Local Schedule GR, especially those relating to grant allocations, funding, and reporting.
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RETENTION OF FEDERAL FINANCIAL AND PROGRAM RECORDS
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Federal regulations require that all records of the types mentioned must be available for audit for three years after the date of submission of the single or last expenditure report by the Texas Education Agency (TEA) as
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The following circumstances will extend the 5-year retention period:
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Copies of reports or records submitted to the TEA must be retained by school districts in accordance with Local Schedule SD.
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LOCAL SCHEDULE SD
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The LEA must comply with the applicable parts and sections of Local Schedule SD when determining retention rate of records, such as:
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RETENTION OF TEST ADMINISTRATION DOCUMENTATION
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As part of test administration procedures, the LEA must maintain records related to the security of assessment instruments for five years.
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REQUIREMENT TO RETAIN
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DESTRUCTION
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Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
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Subject to any policies developed in each local government or elective county office regarding destruction, the custodian or the creator of the document may exercise discretion in disposing of material that is not included in the definition of a local government record and that is not described as:
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METHOD OF DESTRUCTION
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Local government records, including extra identical copies, to which public access is restricted under the PIA, or other state law, may be destroyed only by:
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A local government record, to which access is not restricted under the PIA, or other state law may be destroyed only by:
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A local government that sells or donates records for recycling purposes must establish procedures for ensuring that the records are rendered unrecognizable as local government records by the recycler.
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Local governments in their records management programs should establish policies and procedures to provide for the systematic disposal of copies.
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The director and librarian may approve other methods of destruction that render the records unrecognizable as local government records.
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DAMAGED RECORDS
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A record whose minimum retention period has not yet expired and is less than permanent may be disposed of if:
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If the retention period for the record is permanent, authority to dispose of the damaged record must be obtained from the director and librarian, and the Request for Authority to Dispose of State Records (Form RMD 102) should be used for this purpose.
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ALIENATION OF RECORDS
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A records management officer or custodian may temporarily transfer a local government record to a person for the purposes of:
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LIABILITY AND PENALTY
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A custodian of local government records, records management officer, or other officer or employee of a local government may not be held personally liable for the destruction of a local government record if the destruction is in compliance with the Local Government Code and rules adopted under it.
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An officer or employee of a local government commits a Class A misdemeanor if the officer or employee knowingly or intentionally violates the Local Government Code or rules adopted under it by:
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