Open Records Policy

The Kentucky Open Records Act, KRS 61.870 through 61.884, requires each agency to have a policy on the dissemination of public records that are to be open for inspection. CPE recognizes the expressed intent of the Kentucky Open Records Act to provide broad public access to information for which CPE is the custodian. CPE also recognizes the special protection afforded in federal and state law to educational records of students. The policy of CPE is to provide broad access to all public records subject only to the restrictions imposed by federal and state law.

Policy

1. Agency Rules for Access to Public Records
   1. Open records requests may be oral or in writing with the stipulation that CPE may require the request to be in writing.
   2. The requestor may examine a non-exempt public record in the offices of CPE between the hours of 8:00 a.m. and 4:30 p.m. (Eastern time) or by requesting copies of the records by mail.
   3. It is the policy of CPE to fully respond to open records requests in a timely fashion: KRS 61.872(5) permits a three-day response time.  The three-day period commences at the time a request is made by phone or in person, or upon receipt of a written request, if required.
   4. In the event that CPE is unable to gather and review the responsive records within three days, a letter will be sent to the requestor explaining the reason for the delay and providing a date when the non-exempt records will be made available for inspection.
   5. In the event a request for a record or any part of a record is denied, a written explanation will be sent to the requestor explaining the reason for the denial.  The denial of a request for access to records must fit one of the exemptions of the Kentucky Open Records Act which includes an exemption for educational records under the Family Education Rights and Privacy Act (FERPA), 20 U .S. C. §1232g et. seq.
   6. Consistent with KRS 61.874, CPE may require payment of a fee for copies of records in an amount not to exceed $.10 per page.
   
   
2. Principal Office and Hours of Operation
   1. Council on Postsecondary Education
      1024 Capital Center Drive, Suite 320
      Frankfort, KY 40601-8204
      Phone:  502/573-1555
      Fax:  502/573-1535
   2. Hours of operation: 8:00 a.m. - 4:30 p.m. (Eastern time)
3. Section 3: Agency Contact Person
   Requests for access to open records should be addressed to:
   Mr. Travis Powell
   General Counsel
   1024 Capital Center Drive, Suite 320
   Frankfort, KY 40601-8204
   Fax:  502/573-1535

Certification:
Robert L. King, CPE President

Previous Actions:
Original Approval: May 1, 1995
Amended:  January 12, 1998
Amended: April 2012