§ 49-50-1503. Subpoena Duces Tecum Service and Filing
Except as provided in § 49-50-1508, when a subpoena duces tecum is served upon a custodian of records of any educational institution in this state in an action or proceeding in which the educational institution is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena […]
§ 49-50-1504. Production of Subpoenaed Records
The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The custodian of the record shall affix to the sealed envelope or wrapper containing student records an affidavit stating that each […]
§ 49-50-1505. Unsealing Subpoenaed Records — Duties of Custodian and Issuing Attorney
Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of […]
§ 49-50-1506. Custodian Affidavit — Costs
The records shall be accompanied by an affidavit of a custodian stating in substance: That the affiant is the duly authorized custodian of the records and has authority to certify the records; That the copy is a true copy of all the records described in the subpoena; That the records were prepared by the personnel […]
§ 49-50-1507. Evidentiary Value of Record Copies and Affidavits
The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit. The affidavit shall be admissible in evidence and the matters stated in the affidavit shall be presumed […]
§ 49-50-1403. Part Definitions
As used in this part, unless the context otherwise requires: “Disciplinary action” means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, reprimand, admonishment, reduction in force, withholding of work, unsatisfactory or below standard performance evaluation or the threat of such discipline or penalty; “Disclosure […]
§ 49-50-1404. False Statements to State or Government Employees, Officials or Entities
No person or persons required by state law, or rules or regulations promulgated pursuant to those laws to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports or […]
§ 49-50-1405. False Statements to Law Enforcement Agencies or the Judiciary
No person or persons required by state law, or rules or regulations promulgated pursuant to those laws, to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports, board […]
§ 49-50-1406. Penalties
Should any person be found guilty of knowingly and willfully making or causing to be made any false statement or report or otherwise violating the requirements of §§ 49-50-1404 and 49-50-1405, that person shall forfeit all pay and compensation for the position held for a period not to exceed one (1) year, be subject to […]
§ 49-50-1407. Liability to Agency or Department
Any person found to have personally profited from any violation of §§ 49-50-1404 and 49-50-1405 shall be liable to the affected LEA or state department or agency in an amount not to exceed actual money expended or lost and not administratively recoverable, plus the costs of any legal proceedings initiated by the affected LEA or […]