Cal. Code Regs. tit. 5 § 16023

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 16023 - Class 1-Permanent Records

The original of each of the records listed in this section, or one exact copy thereof when the original is required by law to be filed with another agency, is a Class 1--Permanent record and shall be retained indefinitely, unless microfilmed in accordance with Section 16022(c).

(a) Annual Reports.
(1) Official budget.
(2) Financial report of all funds, including cafeteria and student body funds.
(3) Audit of all funds.
(4) Average daily attendance, including Period 1 and Period 2 reports.
(5) Other major annual reports, including:
(A) Those containing information relating to property, activities, financial condition, or transactions.
(B) Those declared by board minutes to be permanent.
(b) Official Actions.
(1) Minutes of the Board or Committees Thereof, including the text of a rule, regulation, policy, or resolution not set forth verbatim in the minutes but included therein by reference only.
(2) Elections, including the call, if any, for and the result (but not including detail documents, such as ballots) of an election called, conducted or canvassed by the governing board for a board member, his recall, issuance of bonds incurring any long-term liability, change in maximum tax rates, reorganization, or any other purpose.
(3) Records transmitted by another agency that pertain to that agency's action with respect to district reorganization.
(c) Personnel Records.
(1) Employees.
(A) All detail records relating to employment, assignment, amounts and dates of service rendered, termination or dismissal of an employee in any position, sick leave record, rate of compensation, salaries or wages paid, deductions or withholdings made and the person or agency to whom such amounts were paid. In lieu of the detail records, a complete proven summary payroll record for every employee of the school district containing the same data may be classified as Class 1--Permanent, and the detail records may then be classified as Class 3--Disposable.
(B) Information of a derogatory nature as defined in Education Code Section 44031 shall be Class 1--Permanent only after it becomes final. This information becomes final when:
1. The time for filing a grievance has lapsed, or
2. The document has been sustained by the grievance process.
(C) Information of a derogatory nature as defined in Education Code Section 44031 shall be Class 3--Disposable if prior to the effective date of this section the document was subject of grievance process and was not sustained.
(2) Pupils.
(A) The records of enrollment and scholarship for each pupil required by Section 432.
(B) All records pertaining to any accident or injury involving a minor for which a claim for damages has been filed as required by law, including any policy of liability insurance relating thereto, except that these records cease to be Class 1--Permanent records one year after the claim has been settled or the statute of limitations has run.
(d) Property Records. All detail records relating to land, buildings, and equipment. In lieu of such detail records, a complete property ledger may be classified as Class 1--Permanent, and the detail records may then be classified as Class 3--Disposable, if the property ledger includes:
(1) All fixed assets.
(2) An equipment inventory.
(3) For each unit of property, the date of acquisition or augmentation, the person from whom acquired, an adequate description or identification, and the amount paid, and comparable data if the unit is disposed of by sale, loss, or otherwise.

Cal. Code Regs. Tit. 5, § 16023

1. Amendment of subsection (c)(2)(A) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment of subsection (c)(1) filed 5-31-78; effective thirtieth day thereafter (Register 78, No. 22). Issuing agency: State Board of Education.
3. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).

Note: Authority cited: Section 35253, Education Code. Reference: Section 35253, Education Code.

1. Amendment of subsection (c)(2)(A) filed 9-27-76; effective thirtieth day thereafter (Register 76, No. 40).
2. Amendment of subsection (c)(1) filed 5-31-78; effective thirtieth day thereafter (Register 78, No. 22). Issuing agency: State Board of Education.
3. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).