Records Retention

Scope

CEC shall manage records in accordance with the Colorado School District Records Management Manual (the Manual) developed by the Colorado State Archives, as may be amended from time to time.

All records relating to the organization, functions, policies, decisions, procedures, operations, or other activities of CEC may constitute public records under applicable law and must be retained in accordance with applicable retention schedules unless a longer retention period is required by law.

Retention of Records

• Records shall be retained for the time periods specified in the applicable records retention schedules.
• Records not required to be retained by law or schedule and not necessary for the ongoing operations of CEC may be destroyed when no longer needed, provided they are not subject to a legal hold, audit, investigation, or public records request.

Legal Holds and Preservation

CEC shall preserve records, including emails and other electronically stored information, that may be relevant to:

• pending or reasonably anticipated litigation,
• audits or investigations, or
• requests made under the Colorado Open Records Act (CORA).

Records subject to CORA must be retained and produced in accordance with applicable law.

Upon notice from the Chief Legal Counsel or designee, all destruction of relevant records must immediately cease. Legal hold directives supersede all other retention or destruction provisions in this policy.

Employee Responsibilities

All CEC employees are responsible for compliance with this Records Retention Policy and applicable laws.

Employees shall:

• Properly identify, maintain, and retain records in accordance with approved retention schedules
• Ensure that records, including emails and electronic records, are not destroyed prematurely
• Comply with all legal hold directives and immediately cease destruction of relevant records when required
• Preserve records that may be subject to litigation, audit, investigation, or CORA requests
• Seek guidance from supervisors, records custodians, or legal counsel when there is uncertainty regarding retention or classification

If there is uncertainty as to whether a document or communication constitutes a record, it shall be treated as a record and retained accordingly.

Failure to comply with this policy may result in disciplinary action, up to and including termination.

CEC may designate records custodians or other responsible individuals to oversee compliance with this policy and applicable retention schedules.

Official/Work-Related Email Retention Policy

All official or work-related emails created, received, or maintained on CEC systems may constitute public records and must be managed in accordance with this policy and the Colorado School District Records Management Manual.

Email Classification

Emails shall be classified as either:

• Records: Emails that document the organization, functions, policies, decisions, procedures, operations, or other official activities of CEC. These emails must be retained in accordance with the applicable retention period established by the Colorado School District Records Management Manual or other applicable state or federal law.
• Non-Records (Transitory Communications): Emails that do not document official business or have only short-term administrative value, such as routine scheduling, informal communications, duplicates, or drafts. These emails may be deleted when no longer needed.

Retention Requirements

Emails classified as records must be retained for the full retention period required by the applicable records retention schedule.

Emails classified as non-records shall be retained for a minimum of thirty (30) days and may be deleted thereafter when no longer needed for administrative purposes, provided they are not subject to a legal hold or public records request.

Legal Holds and Preservation

All emails are subject to the Legal Holds and Preservation section of this policy. No email may be deleted if it is subject to a legal hold, audit, investigation, or CORA request.

Employee Responsibilities

Email management responsibilities are subject to the Employee Responsibilities section of this policy.