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Q: Freedom of Information and Schools ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Freedom of Information and Schools
Category: Reference, Education and News
Asked by: raymondangel05-ga
List Price: $9.00
Posted: 18 Jan 2004 15:43 PST
Expires: 17 Feb 2004 15:43 PST
Question ID: 297784
I have heard a great deal of information about the Freedom of
Information Act. Can you fill me in a bit more what rights this
affords me. Also I would like to know what it can do for me in the
sense of requesting e-mails from a school corporation. I understand
that I might have the right to request e-mails sent on the schools
systems. If this is the case how can I obtain e-mails and what forms
will it require me to fill out. Do I need to request messages related
to only a certain topic? Or will I be able to use a blanket term and
get electronic messages on several topics? Any information you can
provide would be appreciated. If it helps I reside in the state of Indiana and
attend a public high school as a junior. I realize that the FOIA applies only to
Federal documents but what about state documents? What can I get in
Indiana that is similar?
Answer  
Subject: Re: Freedom of Information and Schools
Answered By: darrel-ga on 23 Jan 2004 17:09 PST
Rated:5 out of 5 stars
 
Hello raymondangel05--

I have a lot of experience with the Freedom of Information Act, have
carefully researched your questions, and have your answers.

I will break out each of your questions and address them individually for you.

"Can you fill me in a bit more what rights this affords me."

To help you better understand your rights under the Freedom of
Information Act, I first conducted a Google search for the following
terms: freedom of information act

You may view the results of my search online. The link is
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=freedom+of+information+act

You may view the entire FOIA online. The link is
http://www.usdoj.gov/oip/foia_updates/Vol_XVII_4/page2.htm

I also located a summation of the FOIA that you may review. The link
is http://www.gwu.edu/~nsarchiv/nsa/foia/aboutfoia-summary.html

"Also I would like to know what it can do for me in the sense of
requesting e-mails from a school corporation. I understand that I
might have the right to request e-mails sent on the schools systems.
If this is the case how can I obtain e-mails and what forms will it
require me to fill out."

You used the term "school corporation." I trust you mean a public
"school district." Information from any private company or "school
corporation" is not a matter of public record under the FOIA.

However, some information from school districts are matters of public
record. My experience has been that the information that is commonly
included in such public record is anything that has been published in
a school directory or book, any money issues including salaries, and
some faculty and employee records, depending on whether they're
currently employed and whether there's a current investigation. Record
of students or anything relating to students is not a matter of public
record, as students are minors and are protected.

You ask specifically about E-Mails sent on the school computer system.
If the E-Mails were sent from an official school district account,
were not regarding any student(s) or faculty, and were not a matter of
a current official investigation, they would likely ultimately be
proven to be "public record." If they don't meet all these qualifiers,
chances are the E-Mails will be protected under the FOIA.

To obtain items that are matters of public record, you should first
simply call the school district offices and ask for them. They may
just give them to you. If they won't, they may have specific forms
you'll need to fill out. If they don't, but they ask you to make an
FOIA request, you may use the sample letter at
http://www.gwu.edu/~nsarchiv/nsa/foia/howtofoia.html

"Do I need to request messages related to only a certain topic? Or
will I be able to use a blanket term and get electronic messages on
several topics?"

When I make FOIA requests, I make them as broad as possible. All they
can do is say "no." If they do deny your requests, you may then wish
to narrow the requests you're seeking.

"I reside in the state of Indiana and attend a public high school as a
junior. I realize that the FOIA applies only to Federal documents but
what about state documents? What can I get in Indiana that is
similar?"

Indiana has what is called a "Sunshine Law." This is similar to the
FOIA Laws. I've worked with the Indiana Sunshine Law in the past and
have been unable to find the law online. But the laws of what's
publicly available and what's not in schools is all discussed in your
previous questions.

I hope this helps. If you have further questions or need any
clarification, please don't hesitate to click on the "clarify" button.

Thanks,

darrel-ga
raymondangel05-ga rated this answer:5 out of 5 stars and gave an additional tip of: $6.00
Answered all my questions throughly and helped inform me a bit more on
my rights. Using this information I hope to be able to obtain public
records and information a bit better.

Comments  
Subject: Re: Freedom of Information and Schools
From: steph1000-ga on 08 Feb 2004 23:56 PST
 
I hope it's not true, but I've heard that the Freedom of Information
Act had no teeth. In other words, the organization doesn't get
penalized if it doesn't want to comply. In any case, let us know if
the request you make to the school works out for you.

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