NYCRR TITLE 8 - EDUCATION

§185.5 Issuance of records retention and disposition schedules

(a) The following records retention and disposition schedules issued by the Commissioner of Education prior to March 9, 1990, and adopted by resolution of the governing body of a local government, may continue to be used by that local government to legally dispose of records after March 9, 1990 in accordance with Section 57.25 of the Arts and Cultural Affairs Law, until superseded pursuant to subdivision (b) of this sectiong. All of the schedules are published by The University of the State of New York, The State Education Department, Albany, NY 12234, and are available at the State Archives and Records Administration, 10A63 Cultural Education Center, Albany, NY 12230:

(1) records retention and disposition schedule MU-1 (1988; rev. 2000), as set forth in section 185.11 of this Part and Appendix H of this Title, for cities, towns, villages and fire districts;

(2) records retention and disposition schedule MI-1 (1988; rev. 1993), as set forth in section 185.14 of this Part and Appendix K of this Title, for all local governments except those covered by records retention and disposition schedules CO-2, MU-1 and ED-1;

(3) records retention and disposition schedule ED-1 (1988; rev. 1997), as set forth in section 185.12 of this Part and Appendix I of this Title, for school districts, boards of cooperative educational services, teacher resource and computer training centers and county vocational education and extension boards.

(b) The following records retention and disposition schedule, issued by the Commissioner of Education in accordance with section 57.25 of the Arts and Cultural Affairs Law, shall be adopted by the governing body of each affected local government. This schedule is published by The University of the State of New York, The State Education Department, Albany, NY 12234, and is available at the State Archives and Records Administration, 10A63 Cultural Education Center, Albany, NY 12230:

(1) records retention and disposition schedule CO-2 (1990; rev. 1993), as set forth in section 185.13 of this Part and Appendix J of this Title, is adopted for records of counties.

(c) Notwithstanding any other provision of this section to the contrary, a public benefit corporation or other special purpose unit of local government located in a city with a population of one million or more, that has adopted and is using its own local records retention and disposition schedule for the disposition of records may use that schedule in lieu of a schedule issued by the commissioner provided that the consent of the commissioner is obtained pursuant to this subdivision. The commissioner may grant such consent upon a finding that the local records retention and disposition schedule is substantially equivalent to the applicable schedule(s) issued by the commissioner. Such consent shall remain in effect for a period of one year from the date that it is granted.

Section statutory authority: Arts and Cultural Affairs Law, § 57.25

Statutory authority: Education Law, § 207; Arts and Cultural Affairs Law, §§ 57.17, 57.19, 57.21, 57.23, 57.25, 57.29 57.33, 57.35; L. 1987 ch. 737

Last reviewed: March 15, 2010

Last Updated: March 17, 2010 -- asm