Freedom of Information Process/Access to Public Information - Rights and Responsibilities 7-3.1

School Board of the City of Virginia Beach
Regulation 7-3.1

COMMUNITY RELATIONS

Freedom of Information Process/Access to Public Information - Rights and Responsibilities

The School Division is committed to compliance with the Virginia Freedom of Information Act (FOIA) and will process requests for information in accordance with the procedures set forth in this Regulation.

1. Public Records and making requests
   1. Definition of public record- a public record for purposes of this Regulation is any writing or recording- regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format- that is prepared or owned by, or in the possession of the School Board or the School Division, or their officers, employees, or agents in the transaction of public business. The School Division is not required to create records that are not kept in the normal course of business. Requests for records from organizations affiliated with but not controlled by the School Board or the School Division (i.e., PTAs, booster clubs, private clubs or organizations that meet in School Division facilities) should be made directly to those organizations. The School Division website (vbschools.com) and its social media sites contain many public records that can be directly accessed by the public.
   2. Reasonably specific requests, clarification, and exemptions- requests to access public records should be “reasonably specific” and made in a manner that allows the School Division to determine what information the requestor is seeking and whether any such public records exist. Providing time periods for records search allows the School Division to determine the scope, search time and cost for responding to a request. The School Division reserves the right to ask clarifying questions regarding the request. If the information requested is not kept in a public record, the School Division may suggest modification of the request or refer the requestor to another organization. FOIA provides certain exemptions from disclosure for public records and the School Division’s practice is to exclude public records, or portions thereof, that fall under these exemptions. Common exemptions include but are not limited to: student education records; personnel records; confidential legal records; safety and security matters.
   3. Requests for information not records- FOIA gives the right to inspect or copy records; it does not apply to a situation where a requestor is asking general questions about the work of the School Board or the School Division, nor does it require the School Division to create a record that does not exist.
   4. Education records- students, parents, and legal representatives seeking access to their educational records should use the procedures set forth in Policy 5-31 and Regulations 5-31.1 and 5-31.2. Many educational records may also be accessed through each student’s School Division account.
   5. Current and former employees and applicants for employment – such individuals may access their personnel records using the procedures set forth in Policy 4-15 and through their vbschools.com accounts.
2. Access to Records
   1. Except as otherwise specifically provided by law, public records shall be open to inspection and copying by any citizen of the Commonwealth during the regular business hours of the School Division’s School Administration Building and within a time period established by law or by agreement with the requestor. Access shall not be denied to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth. The FOIA Officer or designees reserve the right to review evidence that the requestor is a citizen of the Commonwealth, a representative of newspapers and magazines with circulation in the Commonwealth or a representative of radio and television stations broadcasting in or into the Commonwealth. Except as otherwise specified in this Regulation, all requests for inspection and/or copying shall be made to the FOIA Officer.
   2. When practicable, the following records shall be available upon demand:
      1. Agendas for School Board Meetings

         Prior to a meeting, copies of the agenda may be obtained from the School Board Clerk or via the School Division website (www.vbschools.com). Agendas will be available at each meeting.

      2. Agenda Materials

         Nonexempt School Board Agenda back-up materials will be available for review with the School Board Clerk at the School Administration Building. Requests from individuals for copies of nonexempt materials may be made to the FOIA Officer. A fee for reproducing such materials will be charged.

      3. School Board Minutes, Agendas and Recordings

         Approved minutes, agendas and recordings of the School Board Meetings will be available for review with the School Board Clerk. Requests for copies of the records may be made to the FOIA Officer. A fee for reproducing such materials will be charged. Approved minutes and meeting recordings of the School Board for the current year and the year immediately preceding are also available via the School Division website (www.vbschools.com). Committees, boards, and organizations of the School Board generally do not post meeting agendas, materials or recordings of meetings on the School Division website and requests for such information should be made to the supporting staff member or through a FOIA request.

      4. Curriculum Materials

         Requests to review curriculum materials may be made to the Department of Teaching and Learning. Requests for copies of curriculum materials or curriculum guides may be made to the FOIA Officer. A fee for searching and reproducing such materials will be charged.

   3. Unless otherwise specified in this Regulation or by the Superintendent or designee, inspection of public records shall take place in the School Administration Building or other appropriate authorized locations in a School Division building and monitored by the FOIA Officer or designee, and these records shall not be removed from that site. Nonexempt materials maintained in an electronic database shall be produced in any tangible medium or format identified by the requester that is regularly used in the ordinary course of business, including posting the records on a website or delivering the records through an electronic mail address provided by the requester. Copies may be requested in lieu of or at the time of inspection, subject to the charges listed below. Reasonable efforts will be made to provide access to records in a timely manner, however some records may require additional time to obtain or be made available for review.
   4. One of the following forms of photo identification must be presented before any person shall be permitted to inspect any records or receive copies of any records:
      1. Press/media identification identifying the requester as a representative of a newspaper or magazine with circulation in the Commonwealth, or of a radio or television station broadcasting in or into the Commonwealth; or
      2. Driver's License or other state issued official photo identification showing that the requester is a citizen of the Commonwealth. Any copies of such identification will be destroyed after review and the FOIA officer or designee will note that the requestor’s identification was verified and when the identification is due to expire. The purpose of viewing the identification is to establish citizenship, therefore the School Division has no need to keep a record of the identification once verification is made.
   5. The FOIA Officer or designee shall be present during inspection or copying of records for the purpose of protecting the records. A record of inspection shall be made using the attached form.
3. Request Procedures
   1. Requests for access to records or information shall be made with reasonable specificity and, when possible, a specific time frame. It is not necessary to state the purpose for the request, but clarification of the request may be sought for the purpose of determining the search parameters, the time period, or whether the information requested is maintained in another document or manner. Records maintained in outdated formats, in offsite locations, or electronically may require additional time and expertise to locate for review.
   2. All requests for information which are not routine shall be directed to the FOIA Officer at (757) 263-1269 or via facsimile at (757) 263-1397. For purposes of this Regulation, "routine requests" would include requests for copies of School Division, department, or individual school publications; programmatic information; and/or inquiries that can be easily handled over the telephone (i.e., questions about hours of operation, contact names and phone numbers, department/position responsibilities, School Board or any other public meeting dates and agenda, school calendar information, etc.). Non-routine requests would include, but would not be limited to: requests for copies of correspondence; statistical information not included in a School Division, department or individual school publication; working documents that have not been finalized, distributed or released; lengthy reports; personnel and/or student information; legal documents or memoranda; inquiries that would require considerable research, the creation of a new document or the aggregation of existing school data; and requests of a sensitive nature.
   3. Persons requesting access to records or specific information may be asked to complete the attached form. The purpose of reducing the request to writing is to provide clarity of the requested records and to identify information for the requestor. If such person refuses or if the request is made by telephone, facsimile, or e-mail, the requested information shall be transcribed onto the attached form. Any original request shall be appended to the form. Persons needing accommodations to complete a request for records should contact the FOIA Officer or designee.
   4. School Division personnel should provide a copy of this Regulation and the attached form to any individual interested in accessing records or receiving information and should direct the requester to contact the FOIA Officer or designee. Any written, telephone, or e-mail requests received by School Division employees shall be forwarded to the FOIA Officer or designeewith the date and time of receipt of the request noted on the document.
4. Responding to Requests/Guidelines for School Administrators
   1. School administrators are encouraged to handle routine requests for information. However, non-routine requests as outlined above may be processed under a more formal process, i.e. the requestor can be asked to put the request in writing. Subsequently, the following process will be in effect:
      1. All FOIA requests should be directed to the FOIA Officer or designee. Requests may be made via mail, telephone, or facsimile. Contact information is: via mail, 2512 George Mason Drive, Virginia Beach, Virginia 23456-0038; via telephone (757) 263-1007; or via facsimile at (757) 263-1397. FOIA requests filed by media representatives should also be copied to the Chief Media and Communications Officer, via mail, telephone or facsimile. Contact information is: via mail 2512 George Mason Drive, Virginia Beach, Virginia 23456-0038; via telephone (757) 263-1269; or via facsimile (757) 263-1397. The Chief Media and Communications Officer or designee will inform the FOIA Officer or designee of all such FOIA requests for the purpose of maintaining an accurate record of all FOIA requests.
      2. School administrators should date stamp a written FOIA request prior to forwarding it on to the FOIA Officer or designee. This is critical because FOIA dictates that the requestor be provided a response within five working days of the request.
      3. If the school administrator is the custodian of the records in question, he or she will work with the FOIA Officer or designee to prepare the appropriate response.
   2. Promptly, but in all cases within five (5) working days of the request, one of the following written responses shall be provided to the requester:
      1. The records shall be made available to the requester for inspection or copies may be provided in lieu of their inspection.
      2. The requested records will be entirely withheld because law prohibits their release, as the Virginia Freedom of Information Act gives the custodian discretion to withhold them, or because such records do not exist. A written explanation identifying with reasonable particularity the volume and subject matter of the withheld records, and with respect to each category withheld, referencing the Code Section containing the specific applicable exemption(s) shall be included.
      3. The requested records will be provided in part and withheld in part because law prohibits the release of part of the records or the custodian has exercised his discretion to withhold a portion of the records. A written explanation identifying with reasonable particularity the subject matter of the withheld portions and referencing, with respect to each category of withheld records, the specific code section(s) which authorize the withholding of the records, shall be included.
      4. If the status of the records cannot be determined within the five-day period, or if it is practically impossible to provide the records within the five-day period, the requester shall be notified of this fact and of the specific conditions, which make a response within the five-day period impossible. Such notice shall be provided within five working days of the request, and one of the three preceding responses shall be provided within an additional seven-day period.
   3. The five-day period shall begin on the first working day following the day the request is received by a School Division employee and shall end at the close of business on the fifth working day. Any time that elapses between the time the requester is notified of an advance cost determination pursuant to the procedures detailed below and the time the requester responds to that notice shall not be counted in calculating the five (5) work days. If a requestor has been asked to clarify a request in order for the FOIA Officer or designee to determine if records exist or the scope of the request, the time period will be tolled until such time as the requestor responds with the clarification.
5. Processing Requests
   1. The FOIA Officer or designee shall, after receiving a request, promptly make an initial determination as to whether the requested records exist, are fully disclosable, partially disclosable or exempt, or if more time will be needed.
   2. If the FOIA Officer or designee is unsure whether the requested documents are disclosable or exempt, legal advice shall be promptly sought.
   3. If the FOIA Officer or designee is uncertain whether the requested records exist or where they may be located, efforts shall be promptly initiated to locate the records or determine whether they exist.
   4. If the requested records exist and are fully or partially disclosable, the FOIA Officer or designee shall consult with the appropriate staff to determine the cost involved to assemble the records for inspection and copying.
   5. The following costs shall be charged at the rate indicated, not to exceed the actual cost:
      1. For FOIA requests that require less than thirty minutes to research and obtain responsive records that do not require excess amounts of copying or postage, no charge will be made.
      2. For FOIA requests that are reasonably determined to exceed thirty minutes to research, review, redact, time spent with requestor to review/shoe records and/or time spent to obtain records, an hourly rate not to exceed $35 will be charged for School Division staff time. If outside contractors are required to search and obtain the records, the actual costs of the contractors will be charged. Copying, postage or other means or delivery of records will be charged as set forth below.
      3. Copies of records will be charged at the rate of $0.05 per page. Two sided pages will be charged at the rate of two pages. copies. Postage or other means of delivering requested records to the requestor will be charged at the actual rate.
   6. A requester has the right to ask for an advance determination of the cost. If the cost of response is expected to exceed $200, the requester shall be notified of the advance cost determination. Once an advance determination of cost is provided to the requestor, no further action shall be taken until the requester responds, and the requester must agree to pay the estimated amount before any further processing of the request is performed. The time to respond will be tolled until the requestor responds to the determination of costs. If after thirty calendar days the requestor has not responded, the request will be determined abandoned and closed.
   7. Any records to be disclosed shall be assembled for inspection and copying by School Division employees under the direction and supervision of the FOIA Officer or designee who will handle the disposition of such information to the requestor.
6. Other Requests for Information

   School Division employees may handle requests for information made by the following or similar entities and routine requests for information are not subject to the process and fee structure set forth in this Regulation:

   1. State mandated advisory committees or boards;
   2. Entities affiliated with the School Division or its various schools (e.g. PTAs and Booster Clubs);
   3. Local, state and federal agencies, departments or representatives;
   4. Organizations of which School Board Members or the Superintendent are members and which provide reciprocal information upon request;
   5. Educational research institutes;
   6. Employees of other school divisions, colleges and universities; and
   7. School Business Partners.
7. Violation of rights

   If a requestor believes that the School Division has violated the requestor’s rights under FOIA, the requestor should contact the FOIA Officer and the School Board Attorney who will attempt to resolve any disputes regarding a request. Requestors also have the right to file a petition in the Virginia Beach district or circuit court to compel compliance with FOIA. Alternatively, a requestor may contact the Virginia FOIA Council for a nonbinding advisory opinion.

Legal Reference

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

Related Links

Request for Public Records Form

Approved by Superintendent: July 16, 1991
Revised by Superintendent: August 14, 1993
Revised by Superintendent: November 5, 1999
Revised by Superintendent: February 17, 2000
Revised by Superintendent: August 2, 2001
Revised by Superintendent: April 18, 2002
Revised by Superintendent: August 17, 2004
Scrivener’s Amendments: July 30, 2013
Revised by Superintendent: August 7, 2014
Revised by Superintendent: October 6, 2014
Revised by Superintendent: September 18, 2023