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Freedom of Information Act › Educational Institutions

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Franczek P.C.

PAC Issues Binding Decision Finding OMA Violation for Closed Session Discussions on Curriculum

Franczek P.C. on

The Illinois Public Access Counselor (PAC) issued a binding opinion, finding a school board violated the Open Meetings Act (OMA) when it improperly discussed school curriculum during closed session....more

Franczek P.C.

2023 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

As we approach the new year, Franczek is pleased to recap the new legislation applicable to K-12 schools that passed in 2023. Below you will find our compilation of this year’s legislative changes. A PDF version of the 2023...more

Franczek P.C.

School Law Legislative Update: New Laws in Effect for 2024

Franczek P.C. on

Franczek P.C. is pleased to announce the publication of its Legislative Update for schools. A PDF version of the 2024 School Law Legislative Update is now available...more

Franczek P.C.

PAC Finds FOIA Violation for Police Department’s Failure to Produce Records of Teacher Charged with Assaulting Student

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued a new binding opinion concerning the Freedom of Information Act (FOIA). In the opinion, the PAC concluded that a police department violated the FOIA by withholding records...more

Franczek P.C.

PAC Issues Binding Opinion Regarding the Applicability of Predecisional Exemption to Employee Survey Results

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more

Franczek P.C.

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

Pullman & Comley - School Law

A Look In Through the Out Door: The FOIA and Employee Exit Interviews

Pullman & Comley - School Law on

It is a common practice for employers to conduct exit interviews with departing employees.  Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more

BakerHostetler

It’s Elementary: Measures that Educational Institutions Should Take to Prepare for Ransomware Attacks: Part 3

BakerHostetler on

In the event of a ransomware attack, there are a host of legal frameworks that could potentially be implicated. Whether those laws apply often depends on the nature of the data that the threat actor accessed and/or acquired....more

Franczek P.C.

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

Franczek P.C. on

In a rare binding opinion, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—issued a new binding...more

Franczek P.C.

PAC Upholds School Board’s Limitation on Public Comment Duration

Franczek P.C. on

In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a board of...more

Franczek P.C.

FOIA Decisions Clarify Burden of Proof for Invoking Pre-decisional, Attorney-Client, and Security Measures Exemptions

Franczek P.C. on

Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public Media v. Cook County...more

Pullman & Comley, LLC

Governor Lamont Declares Continuing State of Emergency, Extends Executive Emergency Powers Through February 9, 2021

Pullman & Comley, LLC on

On September 1, 2020, Governor Lamont signed a declaration extending the duration of the public health and civil preparedness emergencies first declared in Connecticut on March 10, 2020, which had been set to expire on...more

Franczek P.C.

Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws

Franczek P.C. on

A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more

Franczek P.C.

2019 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

Franczek P.C. is pleased to announce the publication of its annual Legislative Update for schools. With the flood of legislative changes in Illinois this year, it is more imperative than ever for education stakeholders to...more

Franczek P.C.

ISBE Updates Special Education Notice of Procedural Safeguards

Franczek P.C. on

The Illinois State Board of Education (ISBE) issued a revised version of its Notice of Procedural Safeguards for Parent/Guardians with Disabilities shortening the time for response to a student records request unless an...more

Pullman & Comley, LLC

ALERT - CT Legislative Update

Pullman & Comley, LLC on

The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more

Franczek P.C.

Use Caution when Monitoring Comments on Your School’s Social Media Page

Franczek P.C. on

Public schools should be cautious as to how they moderate access to and comments on their social media profiles. In Packingham v. North Carolina, the Supreme Court recently recognized that the Internet, and particularly...more

Robinson+Cole Data Privacy + Security Insider

Illinois Court Rules That College Foundation Documents Subject to FOIA

Robinson+Cole Data Privacy + Security Insider on

On May 9, 2017, the Illinois Appellate Court held that the College of Du Page Foundation (Foundation), a fundraising organization for the public College of Du Page (College), is subject to the state’s open records law. In...more

Franczek P.C.

Appellate Court Holding Extends FOIA to College Foundation

Franczek P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

Franczek P.C.

2016 Legislative Update: Summary of Changes in School Law

Franczek P.C. on

BOARDS OF EDUCATION - ENFORCEMENT OF BINDING PUBLIC ACCESS COUNSELOR OPINIONS - Public Act 99-586 - Effective Date: January 1, 2017 - Individuals who file lawsuits to enforce binding opinions from the PAC...more

Franczek P.C.

Public Bodies Not Required to Create New Records to Respond to FOIA Request

Franczek P.C. on

The Second District Appellate Court recently addressed the question of when an electronic record is a public record subject to FOIA and when a public agency is required to release information from an electronic database. In...more

Franczek P.C.

Illinois Appellate Court finds FOIA does not apply to the IHSA and School District cannot be used to obtain non-public records...

Franczek P.C. on

Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal...more

Mayer Brown

Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University

Mayer Brown on

The due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is...more

Franczek P.C.

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Franczek P.C. on

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

Franczek P.C.

2015 Legislative Update: Summary Of Changes In School Law

Franczek P.C. on

ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

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