News & Analysis as of September 22, 2024

Freedom of Information Act › School Districts

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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 -

Don’t Press Send: Dangers of E-Mail, the “Inadvertent Meeting” and Updated FOIC Guidance

Pullman & Comley - School Law on 5/13/2024

One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business. As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more

Welcome To The Board: What New Board Members Need To Know About The FOIA

Pullman & Comley - School Law on 3/18/2024

Congratulations on your election to the board of education and thank you for volunteering your time to your community. As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more

As The Leaves Are Changing - What Has (and Has Not) Changed with the FOIA?

Pullman & Comley - Labor, Employment and... on 11/7/2023

As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more

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

Franczek P.C. on 12/29/2022

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

PAC Issues Two New Binding Opinions Concerning FOIA

Franczek P.C. on 8/12/2022

The Illinois Public Access Counselor (PAC) recently issued two new binding opinions concerning the FOIA—one upholding a public body’s denial of a FOIA request for union records and another finding application materials for...more

More Pandemic-Era Meeting Issues: Practical Concerns and Pointers

Pullman & Comley - School Law on 1/13/2022

In my last column, The FOIA and the Pandemic: New (temporary?) Provisions on “Remote” and “Hybrid” Meetings for Public Agencies, I provided a summary of the “budget implementer” bill that amended Connecticut’s Freedom of...more

PAC Issues Two New Binding Opinions, Clarifying Requirements Under the OMA and FOIA

Franczek P.C. on 10/25/2021

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)—recently issued two binding opinions clarifying...more

Illinois Appellate Courts Focus on FOIA

Franczek P.C. on 8/12/2020

Last week, the Illinois Appellate Court issued three separate opinions addressing the scope of the Illinois Freedom of Information Act (FOIA). The opinions provide additional guidance related to what constitutes a reasonable...more

How Should Arkansas Schools Handle Parent Demands for Emails About Students? Navigating FERPA & FOIA.

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/11/2020

Arkansas schools often face parent requests to see all the school’s documents and emails about their child. Schools may wonder whether a parent has a right to such sweeping information. Federal law gives parents the right...more

Education Records Are Subject to FOIA Requests

Clark Hill PLC on 1/14/2020

In an unpublished decision, on December 17, 2019, the Michigan Court of Appeals issued an opinion that education records are subject to disclosure under Michigan’s Freedom of Information Act (“FOIA”) with redaction of...more

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Pullman & Comley - School Law on 12/24/2019

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more

Understanding Connecticut's FOIA

Pullman & Comley - School Law on 12/17/2019

Do We Really Have To Deal With All of These FOIA Requests (And Are We Obliged To Deal With “Vexatious Requesters”)? - As an attorney representing school districts and other public agencies, I often hear from folks who are...more

2019 Legislative Update: Summary of Changes in School Law

Franczek P.C. on 10/2/2019

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

This Is Not a Drill: School Districts Now Required to Create Threat Assessment Teams and Implement Threat Assessment Procedures

Franczek P.C. on 9/18/2019

Governor Pritzker recently signed into law Public Act 101-0455 amending the School Safety Drill Act (105 ILCS 128/1) to require threat assessment procedures and the creation of threat assessment teams in school districts...more

So You Want To Hire A New Superintendent: What Does The FOIA Permit (And Require)?

Pullman & Comley - School Law on 5/16/2019

We are approaching a time of year where a board of education may have to deal with its long time and (hopefully) beloved superintendent deciding to retire or otherwise move on to another chapter in his or her life. Any...more

IL Appellate Court Upholds School District’s Use of “Unduly Burdensome” FOIA Exemption for “Fishing Expedition” Request

Franczek P.C. on 12/6/2018

A recent Illinois Appellate Court decision provides welcome support to a school district or other public body faced with a Freedom of Information Act (FOIA) request that is more akin to a “fishing expedition” than a targeted...more

Developments From The 2018 Session of The Connecticut General Assembly: New Laws Affecting The Schools (and Public Employers)

Pullman & Comley - School Law on 8/14/2018

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

Informing Illinois Newsletter – April 2018

Hinshaw & Culbertson LLP on 4/18/2018

Cook County Judge Rules Navy Pier, Inc. Records are Subject to FOIA - Judge Thomas R. Allen granted a motion for summary judgment filed by the Better Government Association (BGA) that found a broad range of documents held...more

Recent FOIA Decisions Address “Trade Secret” and “Private Information” Exemptions

Franczek P.C. on 3/20/2018

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public entities violated...more

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting Schools

Pullman & Comley - School Law on 6/15/2017

The 2017 Regular Session of the Connecticut General Assembly concluded at midnight, June 7, 2017, without accomplishing its most important task (passing a budget). As such, the General Assembly will eventually have to convene...more

Don’t Picture This: The FOIA And The Use Of Smartphones As A Substitute For Paying For Copies

Pullman & Comley - School Law on 8/19/2016

Connecticut’s Freedom of Information Act [“FOIA”] generally permits public agencies to charge for copies (usually, $0.50/page) when complying with FOIA requests. One exception to this fee requirement is that an individual may...more

Foliage, Frost, Frozen Ponds and The FOIA (Part Three): Trying To Do The Right Thing Is A Good Thing Under The FOIA

Pullman & Comley - School Law on 7/27/2016

In our latest posting on the Freedom of Information Act [“FOIA”], we confirm that the Freedom of Information Commission [“FOIC”] has a heart, and may sometimes forgive technical non-compliance by public agencies and their...more

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 7/22/2016

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

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

Pullman & Comley - School Law on 5/8/2015

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa). In a plethora of recent...more

PAC Upholds School District’s Decision to Deny FOIA Request for Text Messages

Franczek P.C. on 4/21/2015

Last month, the Public Access Counselor released a decision on the subject of when text messages can be obtained from a public body through a FOIA request. The decision was non-binding, but nonetheless illustrates that absent...more

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Freedom of Information Act › School Districts

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