Morris School District
MORRIS SCHOOL DISTRICT
Morristown, New Jersey 07960

Policy
File Code: 1111.1
Monitored: X
Mandated:
Other Reasons
RELEASE OF PUBLIC INFORMATION AND THE PUBLIC RIGHT TO KNOW LAW

Definition
As a general rule, any document which is approved and/or accepted by the Board for inclusion in the official Minutes of the Board is determined to be a public document subject to release unless that document is listed as an exception or deemed by the courts or legislature to be exempt.

The Board, in each case, will strive to balance a citizen's "right to know" against any legitimate and necessary public purpose in withholding information.

The Board recognizes that the public has a right, under supervision, not only to inspect but to hand copy such records or to have copies made available to them upon the payment of a fee. These fees, which must be charged under the law (N.J.S.A. 47:1A-2) are based upon the total number of pages or parts thereof without regard to the number of records being copied:
First page to tenth page $.75 per page
Eleventh page to twentieth page $.50 per page
All pages over twenty $.25 per page
Payment of fees in the form of cash, check or money order issued to the Morris School District should be forwarded to the Business Administrator, at the time copies are made.

The Public Right to Know Law
The Legislature, in enacting the Public Right to Know Law, stated that it "finds and declares it to be the public policy of this State that public records shall be readily accessible for examination by the citizens of this State, with certain exceptions, for the protection of public interest" (N.J.S.A. 47:1A-1).

The law provides that: all records which are required by law to be made, maintained or kept on file by any board, body, agency, department, commission or official of the State or any political subdivision thereof, or by any public board, body, commissions or authority created pursuant to law the State or any of its political subdivisions, or by an official acting for or on behalf thereof.shall, for purposes of this act, be deemed to be public records (N.J.S.A. 47:1A-2).

The Board notes, that while there is no legal obligation to release to the public documents or reports that have not been given to the governing body; i.e., the Board of Education, for review and/or approval, that it supports full disclosure where possible.

Exceptions to Release of Public Information
Exceptions include the following:
  1. Records which are purely personal (such as medical records);
  2. Polling lists which are required by another statue to be sealed;
  3. Confidential police records;
  4. Preliminary notes a health inspector may make prior to writing up a violation report;
  5. Documents made by privately employed individuals acting pursuant to an administrative directive or regulation not by a legislative mandate;
  6. Information that will endanger executive sovereignty;
  7. Information that will compromise a criminal investigation;
  8. Records relating or concerning topics which would be appropriately included in closed session pursuant to the Open Public Meeting Act;
  9. Records resulting from discussion of tenure charges;
  10. Personnel, pension and pupil records.
Date: December 1993
February 12, 2001, First Reading
August 27, 2001 Approved

Legal References:
N.J.S.A. 47:1A-1:1A-2 et. seq.
N.J.A.C. 6:3-6.1 et. seq. Pupil records
N.J.A.C. 6:28-2.9 et. seq. Pupil records
N.J.A.C. 6:29-2.4 et. seq. Pupil records

Cross References:
3570 District Records and Reports
 

Morris School District | 31 Hazel Street | Morristown, New Jersey | Phone: 973-292-2300
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