Mississippi Administrative Code › Title 7 - Education K-12 › Part 3 - Board Policies › Chapter 63 - Request for Information › Rule 7-3-63.1 - Public Records Policy

Current through June 25, 2024
The public records policy of the Mississippi Department of
				  Education (MDE) has been adopted in accordance with the Mississippi Public
				  Records Act of 1983, Section
				  25-61-1,
				  et seq. Mississippi Code of 1972. All records and portions of records not
				  exempt from disclosure will be made available in accordance with the procedures
				  outlined below.
1. PUBLIC RECORD:
In accordance with Miss. Code Ann. Section
				  25-61-3(b),
				  public records are defined as "all books, records, papers, accounts, letters,
				  maps, photographs, films, cards, tapes, recordings or reproductions thereof,
				  and any other documentary materials, regardless of physical form or
				  characteristics, having been used, being in use, or prepared, possessed or
				  retained for use in the conduct, transaction or performance of any business,
				  transaction, work, duty or function of any public body, or required to be
				  maintained by any public body."
2. REQUEST:
Requests for information may be made pursuant to and in
				  accordance with the Mississippi Public Records Act and the Board policy by
				  submitting a written request specifying the record(s) sought, and must include
				  the name, address, and email address of the individual and/or organization
				  requesting the record.
A form has been created to assist requesters in meeting
				  these submission requirements and is available online at mde.k12.ms.us.
Requests should be submitted to:
Office of Reporting
Mississippi Department of Education
P. O. Box 771
Jackson, MS 39205-0771
ATTN: PUBLIC RECORDS REQUEST
reporting@mde.k12.ms.us
3. RESPONSE:
The MDE shall respond in writing within seven (7) working
				  days from the date of the receipt of the request. If the requested record is
				  unable to be produced by the seventh working day after the request is made, the
				  MDE will provide a written explanation to the requester stating that the record
				  requested will be produced and specifying with particularity why the records
				  cannot be produced within the seven-day period. Unless there is mutual
				  agreement of the parties, in no event shall the date for the requested records
				  be any later than fourteen (14) working days from the receipt by of the
				  original request.
4. FEES:
By statute, charges are made on a cost-recovery basis. Any
				  person who desires copies of a public record as defined herein but does not
				  officially represent a public body shall be charged the actual cost per page of
				  mechanically reproduced copy. Copies of pages printed on both sides (front and
				  back) shall be considered as two pages. This fee is for the cost of searching,
				  reviewing, and duplicating the public record.
However, if the searching, reviewing, or duplicating of
				  documents or the separating of non-exempt material from documents, etc.,
				  containing exempt material requires more than one-quarter hour of work, then
				  the hourly rate can be charged in addition to a mechanical reproduction charge
				  of twenty-five cents ($.25) per page for any copies desired. The charge for the
				  hours shall be based upon the hourly salary of the lowest paid employee of the
				  MDE qualified and available to do the job.
In the event the public record is available in computer
				  files and can be obtained through computer use, the requesting party must pay
				  the charge for computer use, including programming time and actual computer
				  time as well as any other costs incurred. This charge will be determined by the
				  MDE.
Mailing costs calculated at the applicable United State
				  Postal Service rates shall be charged where appropriate. The cost of mailing a
				  notice to third parties via certified mail, return receipt requested, shall be
				  charged to persons requesting the public records. Actual costs for shipment by
				  other than United States Postal Service shall be charged to the person
				  requesting the special shipment.
When fees are appropriate as specified, the fees must be
				  paid prior to the MDE's compliance with the request. Cash, money orders,
				  cashier's checks, personal and company checks will be accepted in payment for
				  fees, and must be made payable to the Mississippi Department of Education.
				  Payment by personal or company check will be accepted subject to clearance
				  within fourteen (14) working days.
5. THIRD PARTY NOTICE:
Records furnished to the MDE by a third party which contain
				  trade secrets or confidential commercial or financial information shall not be
				  released until notice to the third party has been given in accordance with the
				  Mississippi Public Records Act. Such records shall be released in fourteen (14)
				  days from the third party's receipt of notice unless the third party obtains a
				  court order protecting the records as confidential or notifies MDE in writing
				  of its intent to seek such order.
6. DENIALS:
Denials shall contain the specific reasons for denial.
				  Copies of all denials shall be maintained on file by the Office of Reporting
				  for not less than three years from the date denial is
				  made.
MS Code 25-61-1, et
				  seq. (Adopted 01/2014)