20-2-2088.1. Ownership and maintenance of state charter school records.

Except as provided for in subsection (b) of this Code section, records created, received, or maintained in the performance of a charter by a state charter school shall be the property of the state charter school. Nothing in this subsection shall preclude a state charter school from contracting with a third party for services related to the creation and maintenance of records; provided, however, that at no time shall the third party withhold or otherwise prevent access to any record which is the property of the state charter school; and provided, further, that such contract expressly provides that the third party shall comply with applicable federal, state, and local laws relating to the confidentiality or privacy of the records that are the subject of such contract.#

In the event that a state charter school ceases operations for any reason, including, but not limited to, the termination, nonrenewal, or abandonment of the state charter school’s charter, the nonprofit entity which held the charter contract shall retain ownership, including all incumbent responsibilities of an operational state charter school, of all records for a period of one year from the later of the date the charter contract expired, the date the charter contract was terminated, or the date the state charter school ceased operations. Incumbent responsibilities include, but are not limited to, transferring student records to public or private schools, schools operated by the Department of Juvenile Justice, and the local school system or schools from which the records are requested. After the one-year period, the nonprofit entity which held the charter contract shall transfer all records, including student records, to the commission in the format and manner specified by the commission.#

Nothing in this Code section shall be construed to limit the inspection of public records as provided for in Article 4 of Chapter 18 of Title 50.#