O.S. 21-107
PURSUANT TO 70 O.S. 21-107, THE BOARD HAS PROMULGATED RULES THAT REQUIRE SCHOOLS TO MAINTAIN INDIVIDUAL RECORDS FOR EACH STUDENT ENROLLED AND THAT REQUIRE EACH STUDENT RECORD TO CONTAIN THE FOLLOWING: (1) AN ENROLLMENT AGREEMENT; (2) THE DATES THE STUDENT ENROLLED AND COMPLETED HIS OR HER COURSES; (3) THE GRADES THE STUDENT RECEIVED ON COMPLETED ASSIGNMENTS; (4) ALL MONIES OWED AND/OR PAID BY THE STUDENT TO THE SCHOOL; (5) A RECORD OF THE STUDENT'S ATTENDANCE; (6) THE STUDENT'S COUNSELING RECORDS; (7) THE STUDENT'S TRANSCRIPT; AND (8) OTHER RECORDS WHICH MAY HAVE A DIRECT BEARING ON FACTORS INVOLVING CONTINUED APPROVAL OF THE SCHOOL OKLAHOMA ADMINISTRATIVE CODE 565: 10-11-4(A). THE RULES ALSO PROVIDE THAT THE RECORDS SHALL BE READILY AVAILABLE FOR INSPECTION BY AUTHORIZED OFFICIALS OF THE BOARD. ID. AT 565: 10-11-4(B),(C).
THE MINIMUM STANDARDS IN 70 O.S. 21-107 INCLUDE STANDARDS RELATING TO COURSES OF INSTRUCTION AND REFUNDS OF TUITION. IN ORDER TO MONITOR WHETHER THESE STANDARDS ARE BEING MET, THE BOARD MUST BE ABLE TO EXAMINE INDIVIDUAL STUDENT RECORDS TO SEE WHAT KINDS OF COURSES ARE BEING OFFERED AND HOW REFUNDS ARE BEING CALCULATED. THEREFORE, IT MAY BE FAIRLY IMPLIED FROM ITS STATUTES THAT THE BOARD, IN ORDER TO CARRY OUT ITS MANDATE, CAN ESTABLISH, AS IT HAS DONE, RULES REGARDING WHAT KIND OF RECORDS A SCHOOL MUST MAINTAIN. SEE OKLAHOMA TAX COMMISSION V. FORTINBERRY CO., 207 P.2D 301 (OKLA. 1949).
THIS DOES NOT MEAN, HOWEVER, THAT THE BOARD IS REQUIRED, BY STATUTE OR RULE, TO TAKE POSSESSION OF STUDENT RECORDS WHEN A SCHOOL CLOSES. A CAREFUL READING OF 70 O.S. 21-101 THROUGH 70 O.S. 21-112, REVEALS THAT NONE OF THESE PROVISIONS INDICATE HOW STUDENT RECORDS ARE TO BE DISPOSED OF WHEN A SCHOOL CLOSES, AND IT CANNOT BE FAIRLY IMPLIED FROM THE PROVISION RELATING TO MINIMUM STANDARDS, 70 O.S. 21-107, THAT THE BOARD IS REQUIRED TO TAKE POSSESSION OF STUDENT RECORDS WHEN A SCHOOL CLOSES. ACCORDINGLY, IT IS MY OPINION THAT THE BOARD IS UNDER NO LEGAL DUTY TO PICK UP, TAKE POSSESSION OF, OR OTHERWISE MAINTAIN THE STUDENT RECORDS OF A LICENSED PRIVATE VOCATIONAL SCHOOL WHEN THE SCHOOL CLOSES.
YOUR SECOND QUESTION ARISES IF THE BOARD DOES DECIDE TO TAKE POSSESSION OF THE STUDENT RECORDS OF A LICENSED PRIVATE VOCATIONAL SCHOOL WHEN IT CLOSES. THE ISSUE BECOMES WHETHER THE BOARD, IF IT TAKES POSSESSION OF THESE TYPES OF RECORDS, IS SUBJECT TO THE STATUTORY REQUIREMENTS FOUND IN OTHER LAWS THAT REGULATE THE ACCESSIBILITY, MAINTENANCE, AND DISPOSITION OF PUBLIC RECORDS, SPECIFICALLY THE OPEN RECORDS ACT, 51 O.S. 1991, 24A.1 ET SEQ., THE RECORDS MANAGEMENT ACT, 67 O.S. 201 (1991) ET SEQ., AND THE ARCHIVES AND RECORDS COMMISSION ACT, 67 O.S. 305 (1991) ET SEQ.
THE OPEN RECORDS ACT ("ORA") MANDATES THAT ALL RECORDS OF PUBLIC BODIES AND PUBLIC OFFICIALS "SHALL BE OPEN TO ANY PERSON FOR INSPECTION, COPYING, AND/OR MECHANICAL REPRODUCTION." 51 O.S. 24A.5 (1993). THE TERM "RECORD" IS DEFINED BROADLY BY THE ORA TO INCLUDE:
"ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, ANY BOOK, PAPER, . .