2327-1 - Local Records Retention Schedule
2327-1 Local Records Retention Schedule 2327-1
Litigation Hold
On receipt of notice from legal counsel representing the District that a litigation hold is required, the routine destruction of governmental records, including paper and electronic records, which are or may be subject to the litigation hold shall cease. The destruction of records subject to a litigation hold shall not resume until the district has received a written directive from the attorney representing the district authorizing resumption of the routine destruction of those records.
Right-to-Know Request - Hold
Right-to-Know Request - Hold
On receipt of a Right-to-Know law request to inspect or copy governmental records, the Superintendent shall cease any destruction of governmental records which are or may be the subject of the request. The records shall be retained regardless of whether they are subject to disclosure under RSA Chapter 91-A, the Right-to-Know law. If a request for inspection is denied on the grounds that the information is exempt, the requested material shall be preserved for no less than 90 days and until any lawsuit pursuant to RSA 91-A:7-8 has been finally resolved, all appeal periods have expired, and a written directive from the attorney representing the District authorizing destruction of the records has been received.
Retention Periods
Retention Periods
The General Education Provisions Act (GEPA) 20 U.S.C. 1232f requires that district "shall keep records which fully disclose the amount and disposition by the recipient of [federal] funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit . . . for three years after the completion of the activity for which the funds are used." Therefore, if the purchase is in part or in whole with federal funds the record must be retained for three years after the completion of the activity for which the funds are used.
Special Education Records
Special Education Records
The District shall retain a student's special education records until at least the student's twenty-fifth (25th) birthday, unless written consent, or a written request to destroy the records, is received from the parent/guardian or, when applicable, the adult (eligible) student.
The District shall inform parents/guardians when personally identifiable information collected, maintained, or used in relation to the provision of special education for their student is no longer needed to provide educational services to the child. The information must be destroyed at the request of the parents/guardians. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. 34 CFR 300.624.
The District shall maintain a copy of the last Individualized Education Plan ("IEP") that was in effect prior to the student's exit from special education until the student's sixtieth (60th) birthday.
The District shall provide parents/guardians, or where applicable, the adult student, with a written notice of the District's document destruction policies upon the student's graduation with a regular high school diploma or at the transfer of rights, whichever occurs first.
The District shall provide public notice of its document destruction policy at least annually.
| Type of Record | Statute, Rule, or other legal authority – if none listed the retention period is a recommendation | Retention Period |
| Business Records: | ||
| Accident Reports: | ||
| Employee | Term of employment, plus 6 years | |
| Student | Age of majority, plus 6 years | |
| Accounts Receivable | RSA 33-A:3-a | Until audited, plus 1 year |
| Annual Audit | RSA 33-A:3-a (10 years) | Permanent |
| Annual Report (District), Warrants, Annual Meeting Minutes, Budgets (District & SAU) | RSA 33-A:3-a | Permanent |
| Application for Federal Grants | 20 U.S.C. 1232f., (three years after the completion of the activity for which the funds are used) other authorities may apply | 5 years |
| Architectural Plans | Permanent | |
| Asbestos Removal | Permanent | |
| Bank Deposit Slips | RSA 33-A:3-a | 6 years |
| Bonds and continuation certificates | RSA 33-A:3-a (expiration plus 2 years) | Permanent |
| Budget Worksheets | End of budget year, plus 1 year | |
| Cash receipts, disbursement records, checks | RSA 33-A:3-a | Until Audited and at least 6 years after last entry |
| Child Labor Permits | 1 year | |
| Work-study | 29 C.F.R. §570.37 | 3 years from date of enrollment |
| Construction Contracts, Capital projects, fixed assets that require accountability after acquired* | RSA 33-A:3-a (Life of project/asset) | Life of contract, building, asset plus 20 years |
| Engineering Surveys | Permanent | |
| Unsuccessful bids | RSA 33-A:3-a (Completion of project, plus one year) | Life of contract plus 3 years |
| Certified Educator | Permanent | |
| COBRA Notices | 42 U.S.C. 300bb-1, et. seq.(3 years) ERISA 29 U.S.C. §1027 ( 6 years) |
6 years from date of issue |
| Collective Bargaining Agreements | Permanent | |
| Correspondence for Business transactions* | Life of subject matter plus 4 years | |
| Correspondence - General | 3 years or longer when historic/useful | |
| Correspondence Transitory | RSA 33-A:3-a | As needed for reference |
| Deeds | Permanent | |
| District Meeting Minutes & Warrant | Permanent | |
| Insurance policies | RSA 33-A:3-a | Permanent |
| Notes (loan documents) | RSA 33-A:3-a | Until paid, Audited, plus 3 years |
| Student Activities Records/Accounts | RSA 33-A:3-a (bank deposit slips and statements 6 years) | Until Audited, plus 6 years |
| Enrollment Reports: | ||
| Fall Reports | A12A (RSA 189:28) | Permanent |
| Pupil Registers | RSA 189:27-b | Permanent |
| Resident Pupil Membership Forms | 14 years | |
| School Opening Reports | 3 years | |
| Statistical Report | A-3 (RSA 189:28) | Permanent |
| Federal Projects Documents | Review specific project/grant program requirements. 20 U.S.C. 1232f, (three years after the completion of the activity for which the funds are used), other authorities may apply | 5 years after submission of final audit report and documentation for expenditures, unless there is an ongoing audit |
| FICA Reports – monthly | 7 years | |
| Fixed Trip Requests/Confirmation | 1 year | |
| Fixed Assets Schedule | Permanent/as updated | |
| Form C-2 Unemployment | 6 years | |
| Wage Report (DES 100) | 6 years | |
| Invoices* Until Audited, plus 1 year | 3 years* | |
| MS-22 Budget Form | 6 years | |
| MS-23 Budget Form | 6 years | |
| MS-25 Budget Form | Permanent | |
| Minutes of Board Meetings, Board Committees | RSA 91-A:2, II, RSA 33-A:3-a | Permanent |
| Purchase Orders* | Until Audited, plus 1 year | |
| Request for Payment Vouchers* | Until Audited, plus 1 year | |
| Requisitions* | Until Audited, plus 1 year | |
| Retirement Reports – Monthly | 1 year | |
| Time Cards: | ||
| Bus Drivers | Lab 803.03. Notification and Records no less than 4 years | 5 years |
| Custodial | Lab 803.03. Notification and Records no less than 4 years | 5 years |
| Secretarial | Lab 803.03. Notification and Records no less than 4 years | 5 years |
| Substitute Teachers pay slips | Lab 803.03. Notification and Records no less than 4 years | 5 years |
| Payroll Records | RSA 33-A:3-a Audited, plus 2 year 29 C.F.R. §1627.3 (3 years) ADEA: 29 U.S.C. §626, 29 CFR Part 1602 (2 years from job action); 29 C.F.R § 825.500 FMLA, 29 U.S.C.§2616, 3 years |
6 years |
| Travel Reimbursements* | Until Audit, plus 1 year | 3 years* |
| Treasurer’s Receipts – canceled checks | 6 years | |
| Treasurer’s Report | 6 years | |
| Vocational Education: | ||
| AVI Forms | 1 year | |
| Vocational Center Regional Contracts | 20 years | |
| Federal Vocational Forms* | 6 years | |
| Vouchers Manifests* | Until Audit, plus 1 year | |
| Tax Forms: | ||
| W-2’s, 1099 * | Keep all records of employment taxes for at least four years after filing the 4th quarter for the year. – 26 C.F.R § 31.6001-1 (e)(2)(tax advisors say 7 years) | 7 years |
| W-4 Withholding Exemption Certificate | Keep all records of employment taxes for at least four years after filing the 4th quarter for the year. – 26 C.F.R § 31.6001-1 (e)(2) (tax advisors say 7 years) | 7 years |
| W-9 | Keep all records of employment taxes for at least four years after filing the 4th quarter for the year. – 26 C.F.R § 31.6001-1 (e)(2) (tax advisors say 7 years) | 7 years |
| 941-E Quarterly Taxes | Keep all records of employment taxes for at least four years after filing the 4th quarter for the year. – 26 C.F.R § 31.6001-1 (e)(2) (tax advisors say 7 years) | 7 years |
| Personnel Records | RSA 33-A:3-a. Retirement or termination, plus 50 years | Term of Employment, plus 50 years |
| Application for employment - Successful | RSA 33-A:3-a | Term of Employment, plus 50 years |
| Unsuccessful applicants: current year, plus 3 years. | ||
| Attendance Records: | ||
| Leaves | Family Medical Leave Act – 3 years | 3 years |
| Request for Leaves | 1 year | |
| Class Observation Forms | 1 year | |
| Criminal Record Check: | ||
| No criminal record | RSA 189:13-a (Superintendent only) | Destroy immediately after review |
| Criminal record | RSA 189:13-a (Superintendent only) | Destroy within 30 days of receipt |
| Civil Rights Forms, Discrimination claims, accommodation under ADA, information used for EEO-5 report, EEO-5 report | 29 C.F.R. §1602.40; 42 U.S.C. 12117; 42 U.S.C. § §§ 2000e-8-2000e-12; 42 U.S.C. § 2000ff-6; (final disposition, 2 years, 3 years) | 6 years |
| Deferred Compensation plans | RSA 33-A:3-a | 7 years |
| Dues Authorization | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| Employment test papers with results | 29 C.F.R. §1627.3 | One year from date of personnel action |
| Evaluations | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| HIPPA Documentation | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| HIPPA: 45 C.F.R. §164,316(b) & .530(j) – 6 years. HITECH 42 U.S.C. §17938 | ||
| Labor-PELRB actions | RSA 33-A:3-a | Permanent |
| Labor Negotiations | RSA 33-A:3-a | Permanent |
| Legal Actions - lawsuits | RSA 33-A:3-a | Permanent |
| Medical Benefits Application | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| Medical exams, Physical examinations used for personnel action | 29 C.F.R. §1627.3(One year from date of personnel action) | Term of Employment, plus 50 years |
| RSA 33-A:3-a. – Personnel record | ||
| 29 C.F.R. §1910.1020 (term of employment plus 30 years) | ||
| Oaths of Office | RSA 33-A:3-a Term, plus 3 years | Permanent |
| Promotion, demotion, transfer, selection for training, layoff, recall, or discharge | 29 C.F.R. §1627.3 (1 year from date of action) | Term of Employment, plus 50 years |
| RSA 33-A:3-a. – Personnel record | ||
| Recruitment Documents | 29 C.F.R. §1627.3 | One year from date of personnel action |
| Re-employment Letter of Assurance | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| Retirement application | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| School Bus Driver Drug Tests – positive results & records of administration of test | 49 C.F.R. §382.401; 49 C.F.R. § 40.333 | 5 years |
| School Bus Driver Drug tests – negative & cancelled | 49 C.F.R. §382.401 | 1 year |
| Separation from Employment Form/Letter | RSA 33-A:3-a. – Personnel record | Term of Employment, plus 50 years |
| Settlement agreements, even if in anticipation of a lawsuit | RSA 91-A:4, VI (10 years) | Permanent |
| Staff Development Plan | Term of Employment, plus 50 years | |
| Substitute Teacher Lists | 7 years | |
| Student Records: | ||
| Applications for Free/Reduced Lunch | 6 years | |
| Assessment Results | Ed 306.04 Policy Development, (h) complete and accurate records of students' attendance and scholarship be permanently kept and safely stored in a fire-resistant file, vault, or safe. | Permanent |
| Attendance | Ed 306.04 Policy Development, (h) complete and accurate records of students' attendance and scholarship be permanently kept and safely stored in a fire-resistant file, vault, or safe. | Permanent |
| Disciplinary Records | Term of Enrollment, plus 3 years | |
| Early Dismissal | 1 year | |
| Emergency Information Form | 1 year/as updated | |
| Grades | Ed 306.04 Policy Development, (h) complete and accurate records of students' attendance and scholarship be permanently kept and safely stored in a fire-resistant file, vault, or safe. | Permanent |
| Health and Physical Records | Term of Enrollment, plus 3 years | |
| Immunization Record | Term of Enrollment, plus 3 years | |
| Log of requests for access to education records | FERPA 20 U.S.C. §1232g (b)(4)(A) | As long as the education record is retained |
| Medical Reports | Term of Enrollment, plus 3 years | |
| Registration Form | Term of Enrollment, plus 3 years | |
| Student Handbook | 1 copy of each edition, Permanent | |
| Transcripts | Ed 306.04 Policy Development, (h) complete and accurate records of students' attendance and scholarship be permanently kept and safely stored in a fire-resistant file, vault, or safe. | Permanent |
| Internal Records: | ||
| Child Abuse Reports/Allegations | Permanent | |
| Criminal Investigation | Permanent | |
| Personnel Investigations | Permanent | |
| Sexual Harassment | Permanent | |
| Records Management, transfer to storage or disposal | RSA 33-A:3-a (summary report of what category of records, for what range of dates, was put in storage or destroyed) | Permanent |
| Vehicle maintenance | RSA 33-A:3-a | Life of vehicle, plus 3 years |
* = If record related to federal funds:
Federal Funds
Records of amounts and disposition/use of federal funds, 20 U.S.C. 1232f, (a):
"Each recipient of Federal funds under any applicable program through any grant, sub-grant, cooperative agreement, loan, or other arrangement shall keep records which fully disclose the amount and disposition by the recipient of those funds, the total cost of the activity for which the funds are used, the share of that cost provided from other sources, and such other records as will facilitate an effective financial or programmatic audit. The recipient shall maintain such records for three years after the completion of the activity for which the funds are used."
Adopted: 10/2019
Legal References:
RSA 91-A, Right to Know Law
RSA 189:29-a, Records Retention and Disposition
NH Code of Administrative Rules, Section Ed 306.04(a)(4), Records Retention
NH Code of Administrative Rules, Section Ed 306.04(h), Records Retention
NH Code of Administrative Rules, Section Ed. 1119.01, Confidentiality Requirements
20 U.S.C. 1232g, Family Educational Rights and Privacy Act (FERPA)
Related Policies: 5020, 5030, 2413