Record-Keeping for Schools in the Digital Age

Record Keeping in the Digital Age: Protecting Your School Against Future Liability Claims

For schools, comprehensive record-keeping has always been a fundamental administrative task. From student academic histories to personnel files, these documents are vital for daily operations. However, in an era where technology can store vast amounts of information, and with evolving legal landscapes, record-keeping has taken on a new, critical dimension for protecting your school against future liability claims. My aim here is to discuss why strategic record retention, particularly in digital formats, is more important than ever.

The Evolving Landscape of Legal Exposure

Historically, many types of claims against organizations, including schools, were subject to specific statutes of limitations. This meant there was a finite period during which a lawsuit could be filed after an incident occurred. Schools often structured their record retention policies around these timelines.

However, we’re seeing a significant shift, especially concerning allegations of past abuse. States like Maryland have eliminated the statute of limitations for child sexual abuse claims, allowing lawsuits to be brought forward regardless of when the alleged abuse took place. While Virginia’s laws are still somewhat more restrictive, the broader trend is clear: incidents from decades ago can lead to lawsuits today.

This legal evolution presents particular challenges for schools. For example, older paper records may be lost, damaged, or simply not have been kept. Early insurance policies may also not have explicitly addressed abuse or molestation, making it difficult to determine coverage for historical allegations.

Given these realities, proactive and long-term record keeping is necessary for the future.

The Power of Digital Record Keeping

The good news is that the digital age provides powerful tools for comprehensive record management, making indefinite retention more feasible than ever before.

1. Utilizing a robust student information system (SIS) or enterprise resource planning (ERP) system allows schools to consolidate various types of records (academic, disciplinary, health, and contact information) into one accessible platform.
2. Digital records eliminate the need for vast physical storage spaces. They can be quickly searched, retrieved, and accessed by authorized personnel from different locations.
3. Digital systems, when properly managed, offer enhanced security. Best practices include implementing role-based access, encrypting data, regular backups, and logging who accessed or changed what records and when.

What Records Should Schools Retain Indefinitely?

While specific state and federal regulations vary for different record types (e.g., student transcripts vs. financial records), when it comes to liability protection, schools should strongly consider retaining certain categories of records for an indefinite period such as student enrollment and attendance records, personnel files (especially for staff working with minors), insurance policies, risk management documentation, policies and procedures, and accreditation and licensing records.

In the digital age, your school’s records are a fundamental component of its defense against future liability. By proactively building robust, secure, and indefinite digital record-keeping systems, schools can better protect their resources, maintain their reputation, and continue to focus on their primary mission of education.

Watch a video on the topic here.