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*1.[62] Disaster preparedness or crisis relocation records

 

NOTE:  See item no. 491, below, for district-wide and school safety plans.

 

a.       Copies of plans held by local government, including supporting maps, when official copies prepared under Section 23, Executive Law, are maintained by county or other local government which created them, along with other disaster preparedness plans, not prepared under Section 23, Executive Law, intended for specific buildings or for use by specific local government units:
RETENTION:        3 years after superseded

 

b.       Background materials and supporting documentation used in preparation of plans:
RETENTION:        3 years

*2.[66] Rescue and disaster response reports and related records, including responses to threats or hazards to the public, school facilities or vehicles due to natural, technological, or human-made circumstances and/or the discovery of possible explosives, pathogens or other hazardous substances, covering specific incidents
 

a.       Records of major disasters, including information on the response of all agencies to the disaster, including such records as photographs, press clippings, property damage reports, records of emergency response, summary reports of personal injuries, records relating to demolition and new construction, and correspondence:
RETENTION:        PERMANENT

 

b.       Records of other than "major" disasters:
RETENTION:        3 years, but not until 3 years after any minor involved attains age 18

NOTE:  Specific records should be appraised for historical value and may warrant permanent retention based on the serious nature of the incident involved. These would include actual discovery of explosives, pathogens or hazardous materials, and major facility evacuations and quarantines.  Contact the State Archives for additional advice in this area. 

*3.[491] District-wide and school safety plan records, including school safety, emergency management and emergency response plans
 

a.       Final approved copies of plans, along with all revisions and amendments:
RETENTION:        PERMANENT

 

b.       Plan development, adoption and related records, including records of school safety teams:
RETENTION:        6 years

*4.[492]

School violence and dangerous school records

NOTE:  Requests for transfer and related records of individual students are covered by item no. 275b in the Student Records section, Academic Records subsection.

 

a.       Violent and disruptive incident reports and summary records, including copies of summary information submitted to the State Education Department (SED):
RETENTION:        0 after youngest person involved attains age 27

NOTE:  Summary records may need to be retained longer, even permanently, if they document school violence, or if a school has been designated a persistently dangerous school.  Contact the State Archives for additional advice.

 

b.       Violent and disruptive incident data received back from SED:
RETENTION:        0 after data verified and any necessary corrections completed

 

c.       Persistently dangerous school designation records, including SED citation, plan for corrective action, results of audits and monitoring, student transfer protocol and lists of transferring students, and documentation of removal of designation:
RETENTION:        PERMANENT

5.[140]

Child abuse or maltreatment reports and related records:
RETENTION:        3 years

 

NOTE:  This item covers child abuse and maltreatment reports and related records retained by schools and other agencies reporting suspected abuse and maltreatment to the State Central Register or to child protective services units of county social services departments.  It also covers reports and related records of allegations of child abuse by an employee or volunteer in an educational setting made or received by schools and districts.  For personnel-related records of allegations of child abuse against employees and volunteers in an educational setting, see item no. 199c in the Personnel/Civil Service section, Personnel subsection.

 

*6.[493]

Sexual molestation and sexual harassment records, maintained separately from student health records or employee personnel records, and not including child abuse or maltreatment reports, covered by item no. 140, above:
RETENTION:        0 after youngest person involved attains age 27

*7.[244]

Building or facility security records, including but not limited to visitor's register and watchman's or automated security system or false alarm reports:
RETENTION:        3 years

*8.[352]

Videotape or other recording maintained for security purposes

 

a.       Videotape or other recording containing incident warranting retention for administrative or potential legal uses:
RETENTION:        3 years, but not until any minor has attained age 21

 

b.       Videotape or other recording not containing incident warranting retention for administrative or potential legal uses:
RETENTION:        0 after no longer needed

*9.[246] Fire and building condition records, including but not limited to fire safety inspection reports, fire drill reports, fire alarm records, fire inspection reports, fire investigation reports, structural safety inspection reports, building condition surveys and visual inspection reports
 

a.       Fire safety inspection reports prepared pursuant to Section 807-a, Education Law:
RETENTION:        3 years

NOTE:  Although Section 807-a of Education Law authorizes school authorities to destroy these reports after 3 years, the State Archives strongly urges that school authorities holding the "official" or "record" copies of these reports retain these records for 21 years to meet possible legal needs, including for use in personal injury litigation involving minors.

 

 

b.       Structural safety inspection reports and building condition surveys, required by Section 409-d, Education Law and 8NYCRR 155.4:
RETENTION:        21 years

 

c.       Visual inspection reports, required by 8NYCRR 155.4:
RETENTION:        5 years

 

d.       Records other than reports and surveys covered by parts "a," "b" and "c," above:
RETENTION:        3 years

*10.[35]

Emergency medical training records including defibrillator training, covering local government employees and students who receive training

NOTE:  This item covers records of emergency medical training received by school personnel and students.  For records of emergency medical training courses for which schools, BOCES or other ED-1 users are course sponsors, see item no. 458 in the Instruction section.

 

a.           Training and certification applications and lists of persons who have taken or need to take training:
RETENTION:        0 after superseded or obsolete

 

b.           Original entry training records, when posted to summary record:
RETENTION:        1 year

 

c.           Original entry training records, when not posted to summary record:
RETENTION:        7 years

 

d.           Summary record of training:
RETENTION:        6 years after individual leaves service or student graduates or would normally have graduated from high school, but no less than 7 years

NOTE:  Local officials may wish to keep these records longer, possibly for the career of the individual, if the records are consulted throughout that period.

 

e.           Course materials, except final or annual reports:
RETENTION:        7 years after course completed

 
Last updated
Wed, 2015-10-14 14:47