Record Retention
From Scott Valverde
I apologize, in advance, but it’s difficult to answer this question without citing a lot of Reg. sections…
Title 5, California Code of Regulations section 59023 classifies some records as “Permanent” (or class 1) and you can’t destroy these. You can photograph, microphotograph, or otherwise reproduce these original records on film or electronically, and the resulting copy is then deemed Permanent (citing 59022). The original can then be reclassified as “disposable” (see below). These types of student records include things like the student’s name and dates of attendance and grades…mostly enrollment records.
Section 59024 classifies “Optional” records (or class 2) as follows: “Any record worthy of further preservation but not classified as Class 1- Permanent may be classified as Class 2-Optional and shall then be retained until reclassified as Class 3-Disposable. If the chief executive officer, or other designee, determines that classification should not be made by the time specified in section 59022, all records of the prior year may be classified as Class 2-Optional, pending further review and classification within one year.”
Section 59025 classifies “Disposable” records (or class 3) and those are types of records that can be destroyed. These include records basic to an audit such as the DSP&S eligibility determination in the DSP&S files, documentation of the required 4 contacts per year, and almost everything else that you would find in the DSP&S file.
Section 59026, says this about the timelines for retention:
“(a) Generally, a Class 3-Disposable record, unless otherwise specified in this Subchapter, should be destroyed during the third college year after the college year in which it originated (e.g., 1993-94 plus 3 = 1996-97). Federal programs, including various student aid programs, may require longer retention periods and such program requirements shall take precedence over the requirements contained herein.
(b) With respect to records basic to an audit, a Class 3-Disposable record shall not be destroyed until after the third July 1 succeeding the completion of the audit required by Education Code Section 84040 or of any other legally required audit, or that period specified by Section 59118, or after the ending date of any retention period required by any agency other than the State of California, whichever date is later.”
So in most cases, it would be three years after the year it was originated.
Sections 59027-59041 go into painstaking detail on the records destruction process.
You can maneuver downward through: Title 5, Division 6, Chapter 10, Subchapter 2.5, Articles 1, 2 and 3, to find the sections I’ve referenced and/or quoted.