Open Records Policy

I. Statement of Purpose

The Kentucky Open Records Act requires each agency to have a policy on the dissemination of public records that are to be open for inspection. CPE’s Open Records Policy provides information to the public regarding CPE rules for access to public records. The policy was developed in consideration of and is consistent with the requirements of the statutes on open records.
CPE recognizes the expressed intent of the Kentucky Open Records Act to provide broad public access to information for which CPE is the custodian. CPE also recognizes the special protection afforded in federal and state law to educational records of students. The policy of CPE is to provide broad access to all public records subject only to the restrictions imposed by federal and state law.

II.  Statutory Authority

The Kentucky Open Records Act, codified at KRS 61.870 to 61.884, defines public records; describes which records are open for inspection by the public and which may be shielded from public inspection; and requires each agency to develop agency rules on access to and inspection of open records.

III.  Policy

1. Agency Rules for Access to Public Records
   1. Open records requests may be oral or in writing with the stipulation that CPE may require the request to be in writing, if in the opinion of the president the request for information is too vague to permit the agency to respond accurately to the request.
   2. The requestor may examine a public record in the offices of CPE between the hours of 8:00 a.m. and 4:30 p.m. (Eastern time) or by requesting copies of the records by mail.
   3. It is the policy of CPE to fully respond to open records requests in a timely fashion: KRS 61.872(5) permits a three-day delay if the public record is not available or is in use.  The three-day period commences at the time a request is made by phone or in person, or upon receipt of a written request, if required.
   4. In the event that the information is not available to respond to a request within three days or is in use, a letter will be sent to the requestor explaining the reason for the delay and providing a date when the information will be made available for inspection.
   5. In the event a request for information is denied, a written explanation will be sent to the requestor by the president explaining the reason for the denial.  The denial of a request for access to records must fit one of the exemptions of the Kentucky Open Records Act which includes an exemption for educational records under the Family Education Rights and Privacy Act (FERPA), 20 U .S. C. §1232g et. seq.
   6. Consistent with KRS 61.874, CPE may require payment of a fee for copies of records in an amount not to exceed $.05 per page.
   
   
2. Principal Office and Hours of Operation
   1. Council on Postsecondary Education
      1024 Capital Center Drive, Suite 320
      Frankfort, KY 40601-8204
      Phone:  502/573-1555
      Fax:  502/573-1535
   2. Hours of operation: 8:00 a.m. - 4:30 p.m. (Eastern time)
3. Section 3: Agency Contact Person
   Requests for access to open records should be addressed to:
   Mr. Dennis L. Taulbee
   General Counsel and Associate Vice President for Information and Technology
   (See Section 2 (above) for address and phone/fax numbers)
   
4. Certification:
   J. Kenneth Walker, Acting Chief Operating Officer

Previous Actions:
Original Approval: May 1, 1995
Amended:  January 12, 1998