Access to Records - Freedom of Information Act (FOIA) 7-3

School Board of the City of Virginia Beach
Policy 7-3

COMMUNITY RELATIONS

Access to Records - Freedom of Information Act (FOIA)

1. Generally

   Official records of the School Board are open to inspection during regular business hours in accordance with applicable law and under conditions set forth by the Superintendent or designee and in accordance with the Virginia Freedom of Information Act (FOIA) and other applicable laws and regulations.

2. Fee for Search Time and Copying

   The School Division shall make all reasonable efforts to supply the requested records at the lowest possible cost. Prior to conducting a search of records, the School Division shall notify the requestor in writing that the public body may make reasonable charges not to exceed the actual cost incurred in accessing, duplicating, supplying or searching for requested records and inquire of the requestor whether the requestor the requestor would like the request a cost estimate in advance of suppling the requested records. The School Division shall provide the requestor with a cost estimate if requested. The period within which the School Division shall respond shall be tolled for the amount of time that elapses between notice of the cost estimate and the response of requestor. If the School Division receives no response from the requestor within thirty days of sending the cost estimate, the request shall be deemed to be withdrawn. Any cost incurred by the School Division in estimating the cost of supplying the requested records shall be applied to the overall charges to be paid by the requestor for supplying of such requested records.

3. FOIA Officer and regulations for requesting records under FOIA

   The Superintendent or designee will designate a FOIA Officer who will be responsible for managing requests for records under FOIA. The School Board Attorney or designee, or other legal counsel retained by the School Board, will assist the FOIA Officer or designee with managing the FOIA requests and reviewing all request and responses for compliance with applicable law and regulation. The FOIA Officer or designee will inform the School Board of any FOIA requests related to requests for records directly related to School Board Members.

Legal Reference

Code of Virginia § 2.2-3700 et seq., as amended. Virginia Freedom of Information Act.

Code of Virginia § 2.2-3704, as amended. Public records to be open to inspection; procedures for requesting records and responding to request; charges; transfer of records for storage, etc.

Code of Virginia § 22.1-287, as amended. Limitation on access to records.

Code of Virginia § 22.1-287.1, as amended. Directory Information.

Code of Virginia § 2.2-3800- 3809, as amended. Government data collection and dissemination practices act.

Related Links

School Board Policy 4-15
School Board Policy 5-31
School Board Regulation 5-31.1
School Board Regulation 7-3.1

Adopted by School Board: October 21, 1969
Amended by School Board: August 21, 1990
Amended by School Board: July 16, 1991
Amended by School Board: October 20, 1992
Amended by School Board: August 19, 2014
Amended by School Board: April 30, 2019
Amended by School Board: July 12, 2022
Amended by School Board: November 14, 2023