1. (a)

   1. (1) The charter school or sponsoring entity must promptly submit all student records to the transfer school, including:

      1. (A) Individualized Education Programs (IEPs) and all records regarding:

2. (i) Special education; and

   1. (ii) Supplemental services;

      1. (B) Student health / immunization records;
      2. (C) Attendance records;
      3. (D) Testing materials, including scores, test booklets, etc. required to be maintained by the school; and
      4. (E) All other student records.

   2. (2) All end-of-school-year grades and evaluations must be completed and made part of the student records, including any:

      1. (A) IEP;
      2. (B) Committee on Special Education meetings; or
      3. (C) Progress reports.
   3. (3) To the extent that testing scores, etc. are scheduled to arrive after the school closure, arrangements should be made with the testing agent to forward such material to the transfer school.

3. (b) No later than thirty (30) days after closure or dissolution of the charter, the charter school or sponsoring entity shall send each employee of the charter school:

   1. (1) Copies of:

      1. (A) His or her contracts, evaluations, recommendation letters; and
      2. (B) Any other proof of employment and/or termination;
   2. (2) Documentation of staff development hours; and

   3. (3) Notice that employees must keep this documentation for their records as the state will have no way of providing proof of employment after the school is closed.

      1. (c) If the charter school operated an approved federal child nutrition program, all child nutrition records shall be delivered to the Child Nutrition Unit of the Division of Elementary and Secondary Education on a schedule established by the unit.

         1. (d) Any student records remaining in the possession of the charter school or sponsoring entity, or in the possession of any other entity or individual designated by the charter school or sponsoring entity, shall be maintained in a manner sufficient to protect student privacy rights in accordance with the Family Educational Rights and Privacy Act of 1974, § 20 U.S.C. 1232g, as amended.

4. (e) The sponsoring entity shall maintain all relevant corporate or governance records for at least five (5) years after the effective date of closure, specifically including but not limited to:

   1. (1) All board minutes, policies, and bylaws of the charter school:

      1. (A) Board; or
      2. (B) Governing entity;
   2. (2) Bonds, mortgages, loan agreements, and all other financing instruments;
   3. (3) Lease agreements;
   4. (4) Accounting and bank records;
   5. (5) Payroll and tax records as required by federal law;

   6. (6) Grant records as specified by:

      1. (A) 34 C.F.R. § 80.42 [removed]; or
      2. (B) Other relevant federal or state law; and
   7. (7) Any other document required by law to be maintained.

5. (f)

   1. (1) No later than thirty (30) days after closure or dissolution of the charter, the charter school or sponsoring entity shall make available all financial records requested by the Division of Elementary and Secondary Education.
   2. (2) In the event of misuse of public funds, fraud, or theft, the charter school or sponsoring entity shall make immediately available all financial records required by the Division of Elementary and Secondary Education.

Codification Notes: C.F.R. pt. 80 was removed by 79 FR 75871.