Records Retention

FCPS is required by the Code of Virginia to follow records retention guidelines for Public Records, as prescribed by the Library of Virginia.

What Are Public Records?
The Virginia Public Records Act defines a public record as: "...information that documents a transaction or activity by or with any public officer, agency, or employee of an agency. Regardless of physical form or characteristic, the recorded information is a public record if it is produced, collected, received, or retained in pursuance of law or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a public record."

Code of Virginia § 42.1-77 Public records, except for those exempt under the Virginia Freedom of Information Act (FOIA), must be available for access throughout their retention periods per Code of Virginia § 2.2-3700 et seq. A record that is considered FOIA-exempt is not exempt from the requirements of the VPRA. Records containing confidential information are still public records.
 

Destruction of Public Records
Before public records can be destroyed, the following must take place:

• Records to be destroyed must be covered by a Library of Virginia-approved general or specific records retention and disposition schedule and the retention period for the records must have expired.
• All investigations, litigation, required audits, and Virginia Freedom of Information Act requests must be completed or fulfilled.
• The organization's designated records officer and an approving official must authorize destruction by completing a Certificate of Records Destruction (RM-3 Form) prior to the records being destroyed.

Form Creators: school-based or division-level clerical staff

Approving Officials: school principals and/or department directors

A Form Creator will complete the Certificate of Records Destruction (RM-3 Form), listing the applicable Approving Official based on the nature of the records. Upon completion of the form, a certification email will be sent to the Approving Official for review. Upon approval by the Approving Official, a certification email will be sent to the Records Management Officer for review and approval. Once fully approved by the Records Management Officer, the Form Creator may then, and only then, proceed with destroying the records (including placing the records in a shred bin), and should then complete the request by certifying that the documents have been destroyed as indicated on the form.