FOIA Requests

• The requested information is stored at a different location;
• The request requires the collection of a substantial number of documents;
• The request requires an extensive search;
• The requested records have not been located and require additional effort to find;
• The requested records need to be reviewed by staff who can determine whether they are exempt from the FOIA;
• The requested records cannot be produced without unduly burdening the District or interfering with its operations; or
• The request requires the District to consult with another public body that has a substantial interest in the subject matter of the request.

1. Provide the requested records;
2. Advise when the records will be provided and the costs;
3. Deny the request (if it falls under an exception); or
4. Advise the requester that the request is unduly burdensome.

• Private information is exempt from disclosure under FOIA. FOIA defines “private information" as “unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal e-mail addresses.” Under FOIA, “private information also includes home addresses and personal license plate numbers, except as otherwise provided by law or when compiled without possibility of attribution to any person.”
• Personal information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the person who is the subject of the information consents to the disclosure in writing. Under FOIA, the "unwarranted invasion of personal privacy” means the "disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information.” Disclosing information that relates to the public duties of public employees is not considered an invasion of personal privacy.
• Information that, if disclosed, might endanger anyone's life or physical safety.
• Preliminary drafts or notes in which opinions are expressed or policies are formulated, unless the record is publicly cited and identified by the superintendent or school board.
• Business trade secrets or commercial or financial information that is proprietary, privileged, or confidential, and disclosure would cause competitive harm to the person or business.
• Proposals and bids for any contract, until a final selection is made.
• Requests that are "unduly burdensome." A request may be considered unduly burdensome if there is no way to narrow the request, and the burden on the public body to produce the information outweighs the public interest in the information. However, before relying on this exemption, the public body must first allow the requester to reduce the request to a manageable size. If it is still unduly burdensome, the public body must explain in writing the reasons why the request is unduly burdensome and the extent to which compliance will burden the operations of the public body. Such a response is considered a denial.

As a general rule, the District cannot be required to create records to respond to requests for information that it doesn't ordinarily maintain in record form. Additionally, the District is under no duty to recreate records that it no longer possesses, as long as those records were not disposed of to avoid compliance with the law.