FOIA Guidelines

Effective: January 1, 2025
Responsible Office: Superintendent / FOIA Coordinator

1. Designation of FOIA Coordinator

   • The Superintendent shall serve as the District’s Freedom of Information Act (FOIA) Coordinator, responsible for accepting, logging, reviewing, and responding to all FOIA requests.
   • The Superintendent may delegate operational duties to a designee but retains ultimate responsibility for compliance.

2. Submitting FOIA Requests

   • Requests must be in writing, identifying the public record sought with sufficient specificity to allow location and retrieval.
   • Requests may be submitted by mail, hand delivery, or email to the District’s central office.
   • Verbal requests will not be processed under FOIA but may be referred informally when appropriate.

3. Definition of Public Record

   “Public record” includes writings prepared, owned, used, possessed, or retained by the District in the performance of an official function, as defined in MCL 15.232(h), excluding computer software and materials exempted under state or federal law.

   Records containing confidential student or personnel information (e.g., social security numbers, home addresses, personal emails, or student identifiers) are exempt from disclosure unless legal counsel advises otherwise.

4. Response Timeline

   Within five (5) business days of receiving a written FOIA request, the FOIA Coordinator shall:

   1. Grant the request;
   2. Deny the request (with written explanation and appeal rights);
   3. Grant in part and deny in part; or
   4. Issue a notice of extension (up to ten additional business days) as permitted by MCL 15.235(2)(d).
   5. Failure to respond timely constitutes a final denial for appeal purposes.

5. Fee Structure and Cost Recovery

   The District shall charge the amount allowable by law under MCL 15.234.

   All fees must be itemized and provided to the requester in writing before release of records.

   1. Labor Costs
      • Labor shall be charged in 15-minute increments (rounded down to the nearest quarter hour).
      • Labor rates will reflect the hourly wage plus up to 50% for fringe benefits of the lowest-paid employee capable of fulfilling the task.
      • Labor may be charged for:
        • Searching for, locating, and examining public records;
        • Separating exempt from non-exempt material (redaction);
        • Duplicating or printing copies; and
        • Transmitting records electronically.
   2. Non-Paper Digital Media
      • Actual cost of computer discs, flash drives, or other electronic media used to fulfill the request will be charged.
      • Requesters may provide their own unopened, compatible digital media, subject to IT verification for security.
   3. Paper Copies
      • Up to $0.10 per page for standard 8½ × 11″ or 8½ × 14″ paper.
      • Larger formats or color copies will be charged at actual cost.
   4. Mailing
      • Actual postage plus the cost of mailing containers or envelopes will be charged.
      • Expedited delivery will be provided only if paid by the requester.
   5. Deposits
      • A 50% deposit may be required if the total estimated fee exceeds $50.00, in accordance with MCL 15.234(8).
      • Failure to pay within 45 days cancels the request.
   6. Unpaid Prior Requests
      • If a requester owes fees from prior FOIA requests, the District may require payment in full before processing new requests, per MCL 15.234(11).

6. Fee Waivers

   • A requestor who qualifies as indigent under MCL 15.234(2)(a) may receive up to a $20 fee waiver for the first request in a calendar year.
   • Nonprofit organizations advocating for public benefit are eligible for limited fee reductions if they meet statutory criteria.

7. Exemptions

   Records or portions of records shall be withheld when exempt under:

   • MCL 15.243 (e.g., student education records, attorney–client privileged communications, personnel evaluations, security plans, etc.);
   • FERPA (20 U.S.C. § 1232g) for student data;
   • MCL 445.81 et seq. for address confidentiality program participants.
   • All redactions shall be justified in writing, citing specific statutory exemptions.

8. Inspection of Records

   • Records may be inspected at the District’s administrative offices during normal business hours.
   • An employee must be present at all times to protect the integrity of the records.
   • Original public records shall not be removed from District premises.

9. Electronic Records

   When records exist in an electronic database:

   • The District may provide data on an electronic medium or via email after payment of the applicable fee.
   • Enhanced or immediate access shall not violate security or confidentiality obligations.

10. Appeals

    • Requesters may appeal:
      • Denials to the Board of Education within 180 days of notice;
      • Fees that are believed excessive or non-compliant, also within 45 days.
    • The Board shall respond within 10 business days, or extend once for another 10 days, as allowed by MCL 15.240a.
    • If unsatisfied, the requester may file an action in the Circuit Court.

11. Record Retention and Disposal

    • Public records shall be retained and disposed of according to the Michigan Department of Technology, Management & Budget (DTMB) general schedule and local retention schedules.
    • Daily transitory communications (e.g., short-term voicemails, routine emails) may be deleted as part of standard practice once their administrative value has ended.

12. Student Data Transmission

    All student data transmissions to the Center for Educational Performance and Information (CEPI) shall be handled according to ISD-established procedures and security protocols, ensuring compliance with state and federal confidentiality laws.

13. Publication

    The District shall post, on its website and at the Central Office:

    • The FOIA written summary;
    • Standard procedures and guidelines; and
    • The contact information for the FOIA Coordinator.