BOARD OF EDUCATION
FREEDOM OF INFORMATION REQUESTS
1.1. Scope - This legislative rule establishes a procedure for obtaining public records from the West Virginia Board of Education and/or the Department of Education under the Freedom of Information Act (W. Va. Code 29B-1-1 et seq).
1.2. Authority - W. Va. Constitution, Article XII, 2; W. Va. Code18-2-5 and 29B-1-3(5).
1.3. Filing Date - April 17, 2000
1.4. Effective Date - July 12, 2000
1.5. Amendments - None; this is a new policy.
2.1. The West Virginia Freedom of Information Act (W. Va. Code 29-1-1) provides that persons have a right to inspect or copy any public record of the State Board or Department of Education. W. Va. Code 29B-1-2 provides that a "public record includes any writing containing information related to the conduct of the public's business, prepared, owned and retained by a public body." W. Va. Code 29B-1-3(5) provide that the State Board and/or Department "...may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of such records."
126-10-3. Availability of Public Record.
3.1. Persons requesting to inspect or copy (a) public record(s) of the State Board or Department of Education under the Freedom of Information Act must do so in writing addressed to the state superintendent of schools. The request must state with reasonable specificity the information sought.
3.2. Neither the State Board nor the Department of Education are required to provide information pursuant to a FOIA request that is specifically exempted from disclosure under W. Va. Code 29B-1-4.
3.3. The state superintendent or designee will notify the person making a FOIA request of either: (a) the date, time and place where the requested information may be inspected; (b) the date, time and place where the requested information may be picked up if the requestor has asked that the state superintendent provide copies of the information requested; or (c) the denial of the request (in writing) with the reasons for the denial.
3.4. The state superintendent will provide reasonable facilities during regular business hours for making memoranda or abstracts from the public records. The state superintendent, if necessary to prevent undue interference with the regular discharge of the duties of the State Board and Department of Education, may, provided they neither violate the spirit and intent of the Freedom of Information Act nor prevent the requestor from obtaining the information requested, impose restrictions on employee time and agency resources that are reasonably necessary in order to allow the State Board and Department of Education to function normally.
4.1. Persons seeking (a) public record(s) under the Freedom of Information Act (W. Va. Code 29B-1-1 et seq) and who request that the information contained in the public record(s) be reproduced in copy form, will be required to reimburse the Department of Education 40 cents per page payable prior to release of the requested copies.