Georgia Open Records

Open Records Request

The Communications department utilizes a digital online platform for Open Records management. To prevent waste and ensure accurate record keeping, all correspondence related to Open Records Act (ORA) requests should be digital. If a request is received in physical form, the recipient must convert the request to a digital format and upload it to the online platform. If the online platform is unavailable, the request can be provided to the Open Records custodian in an alternate, digital format.

Notify the Open Records custodian or their subsidiary via the district's online open records platform immediately upon receipt of an ORA request.

The notification must include:

• The date and time the request was received.
• The name of the individual(s) who received the request.
• The name of the person or agency requesting the information, including contact information of the requester

Education Records Request

Governed by the Family Educational Rights and Privacy Act (FERPA), parents and eligible students have the right to access their education records and to control the disclosure of information from those records. In Georgia, this means that parents and eligible students can make a request to inspect and review their education records, including transcripts and disciplinary records, held by schools and educational institutions.

When a staff member receives an Education Records Request, it should be immediately emailed to the Education Records Officer or faxed to their attention at (770) 425-4095. Requests must be responded to within a reasonable period of time but no longer than 45 calendar days of receipt, so time is essential to legally comply.

The purpose of FERPA is to protect the privacy of student's education records and to give students and their families control over their personal information.

Process

In cases where a member of the public has a right to inspect, have access to extracts, or ask for copies from public records or documents, such person shall have the right of access to the records only while in the presence and under the control of the custodian of such records. All examination of records and documents shall be done under the supervision of the custodian of the records, who shall have the right to enforce reasonable rules governing the work.

Charging Fees for Open Records Requests

Charging for Requests [O.C.G.A. § 50-18-72]

Online Capabilities:

• For process efficiency, Marietta City Schools (MCS) prefers Open Records Requests through our online portal. Requests can be submitted and processed entirely through this system, ensuring quick and accurate handling.
• Payments for records can be made either through our online portal or by check or money order. Please make sure the Open Records Request (ORR) number is referenced for faster processing.
• Requests should not be submitted through multiple formats, as this will result in multiple responses and corresponding charges.

Criteria for Charges:

• MCS calculates fees based on the time and resources required to fulfill each request. This includes search, retrieval, review, copying, scanning, redaction, and production of records (“Production Tasks”) as allowed by Georgia law.
• Fees are calculated using the lowest prorated hourly salary of the full-time employee with the necessary skill and training to perform each necessary task.
• In accordance with Georgia law, the first fifteen (15) minutes of work performed for each request are provided free of charge.
• The work shall be done in the location specified by the custodian. Charges for making photographs or reproductions of the records or documents will be calculated at $.10 per copy and a per-hour charge for the employee supervising the review of records.

Estimates, Invoices, and Payment:

• MCS will provide an estimate to the requestor when the reasonably anticipated costs for Production Tasks exceed $25 and will defer the Production Tasks until the requestor agrees to pay the estimated costs.
• If the requestor does not provide consent for payment within two (2) weeks of the estimate, MCS will close the file. A new request must be submitted if the requestor later seeks the same materials.
• Once the Production Tasks are complete, MCS will issue an invoice for payment. Payment may be made through our online portal or by check or money order. Please ensure the ORR number is referenced for faster processing.
• If the reasonably estimated costs exceed $500, the requestor must pay in advance. Once Production Tasks are completed, MCS will, if requested, issue an invoice for the actual costs. If the final amount differs from the estimate, MCS will refund any overpayment or seek the outstanding balance.

Staff Information

Additionally, in order to protect confidentiality rights of all employees, no record or document shall be released with information which would not be construed to be an open record pursuant to O.C.G.A. 50-18-70. Certain personal information shall not be disclosed unless otherwise excepted by law or written consent of the subject employee, including the following: home mailing and email address, home telephone number, social security number, insurance information, medical information, mother’s birth name, day and month of birth, credit card or debit card numbers, bank account or drivers license information, financial data or information, confidential job performance evaluations and reference checks of employees. When responding to request for information, the above items shall be redacted from the materials provided if possible.

Student Information

Ga. Code § 50-18-72(a)(37) specifically excludes from public disclosure those records that would not be subject to disclosure, or the disclosure of which would jeopardize the receipt of federal funds, under the Family Education Rights and Privacy Act (FERPA). The Protection of Pupil Rights Amendment (PPRA) prohibits a school district from releasing personal information collected from students for the purpose of marketing unless the district has directly notified parents of students with an opportunity for their child to opt out. MCS has not provided parents with this notice and chooses not to do so.