Rules, Regulations and Laws
Idaho Public Records Law
The primary legislation, or rule of law, applicable to state agency records in Idaho is the Public Records Law, or Title 9, Evidence, Chapter 3, Public Writing, commonly noted as 9-337 through 9-347. These codes include language detailing public records definitions, rights of the public to examine public records, some exemptions (which do not relate to typical higher education conditions), and the directive requiring agencies to have guidelines on how to manage their records.
Idaho Code 9-347 - states that every state agency shall adopt guidelines to maintain, and document public records and their location.
While the Public Records Law is quite broad, some records-related areas have been further specified in additional Idaho Code.
- Records Management Manual. State Government and State Affairs/Department of Administration 67-4126.
- Photographic or Digital Retention of Records. Evidence, Public Writing, 9-328.
- Preservation of Records - Written Contracts -Void Contracts. State Government and State Affairs/Department of Administration 67-5725.
- Retention of Electronic Records - Originals. Commercial Transactions/Uniform Electronics Transactions Act 28-50-112.
- U.S. Department of Education. FERPA - Family Educational Rights and Privacy Act. Sometimes called the Buckley Amendment. This suite of regulations details aspects of proper dealings of state and federal agencies with respect to students, their educational information, and the rights and restrictions placed on agency staff, family members and the public where access to information is concerned.
- Nuclear Regulatory Commission. For some institutions, the addition of nuclear medicine or physics programs including the use of radiological materials as part of laboratory programs can bring them under the rules of this commission.
- U.S. Wage and Hour/Internal Revenue Service/Americans with Disabilities Act. A wide variety of federal agencies and programs have regulations that apply to higher education. USA Patriot Act -This Act, passed October 2001, updates 15 different laws, including FERPA. The primary effect on related regulation is to require the source agency or institution to release information on an individual without notifying the subject of the search. There is a specific type of court order for these releases, an "ex-par te" order.