FOIA

Cape Henlopen School District Policy Statement For the Inspection and Copy of Public Records Under the Freedom of Information Act

The Freedom of Information Act (the “Act”) (Title 29, Delaware Code, Chapter 100) establishes the right of the public to inspect and copy public records.  Section 10003(b) of the Act provides that a public body, including the Cape Henlopen School District (“the District”), must establish rules and regulations regarding access to public records, as well as fees charged for copying such records.Any Delaware resident shall be granted access to the District’s public records under the following terms and conditions.

Any Delaware resident shall be granted access to the District’s public records under the following terms and conditions.

Requests

1. Request for access to records shall be in writing, signed by the Delaware resident, and clearly, identify the specific public record sought in sufficient detail to enable the District to locate the records with reasonable effort.

2. Requests should be submitted on the form approved by the Cape Henlopen School Board of Education and submitted to the District Superintendent.

3. A Delaware resident is entitled to inspect and copy public records (as defined under Section 10002) in the custody of the District.  The Act defines “public record” to include: “information of any kind owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected by any public body relating in any way to public business, or in any way of public interest, or in any way related to public purposes regardless of the physical form or characteristic by which such information is stored, recorded or reproduced”.  Neither the Act, nor the policy, requires that the District create a public record.

4. A request may be denied in part or in full and returned to the requestor for the following reasons:

• The request does not adequately describe the records;
• The request requires the District to create records, perform research, prepare a compilation of records, summarize information, or place information in a required format;
• Reasons addressed in other areas of this policy not specified here.

5. Records will be reviewed to withhold from disclosure those records, or portions of records, which the Act does not deem public.

6. The review of any requested documents must be performed during regular business hours in the presence of a District employee as designated by the Superintendent or the office responsible for maintaining such records.  In no event will access be provided at a time, or in a manner, which disrupts the normal operations of the District. No original documents may be removed from District property by the requesting Delaware resident.

7. The District reserves the right to deny any request in part or in full which does not comply with the requirements of this policy and/or the provisions of the Act. 

Copying
Copying of requested public records may be performed by District personnel, and provided as follows:

 1. The District may, in its discretion, make the copies at the time of the review, or copy and mail the records to the requestor. The requestor may elect to pick up the copies during regular business hours and submit payment at that time.

 2. Requested documents will be copied in existing form, without reformatting or creation of a new document, unless such customization is deemed reasonable and appropriate by the Superintendent. 

Fees

1. The Act authorizes public bodies to charge Delaware residents any reasonable expense associated with copying the public record requested by the resident.

2. The charge for copying standard sized, black and white public records shall be 25 cents per sheet. 

3. The charge for microfilmed and/or microfilmed printouts made by the District on standard sized paper shall be 25 cents per sheet.

4. The cost of printing information from computer databases is 25 cents per sheet.  If the information is provided on a compact disc or other digital format, the charge shall be $5 per disc or tape to cover reasonable expenses in creating the medium. 

5. The District, in its sole discretion, may arrange to have records copied by an outside contractor.  The requestor will be liable for all such costs.

6. Payment for copies is due at the time copies are released to the requestor.  The District reserves the right to refuse to make copies for requestors who have outstanding balances.

7. The District may require prepayment of copying prior to mailing copies of requested records.

8. A Delaware resident shall not receive copies of any documents until all fees are paid in full.

9. District personnel will maintain a receipt register and, upon request, provide a receipt when payment is received 

Retention of Requests
The request for public records, the public records copied, and the District’s reply to these requests will be kept on file for a period of three (3) years.  The District will make every effort to fulfill FOIA requests for access to the District’s public records within fifteen (15) business days of the District’s receipt of the request, unless mitigating circumstances occur.  The Superintendent has sole discretion to approve an extension, and the Delaware resident requesting access to the public records will be notified, in writing, of:

a.The reason for delay, and
b.The day, date, and time when the requesting party will have access to the public records sought. Such notification shall occur within fifteen (15) business days of the District’s receipt of the request.

Questions should be addressed to the District Assistant Superintendent, Dr. LouAnn Hudson at louann.hudson@cape.k12.de.us.