Chapter 9
How to use Public Record Requests
Overview:
Public records laws are one of the most powerful tools parents can use to demand transparency from schools. When districts refuse to share curriculum, lesson plans, policies, or complaint procedures, parents can invoke state open records laws (often called FOIA, FOIL, OPRA, CPRA, Sunshine Laws, etc.). These laws guarantee access to government documents held by public schools and boards. Private schools are usually exempt, but charter schools often qualify because they receive public funding.
Requests can reveal critical information: whether antisemitism has seeped into classroom instruction, how antisemitism complaints are handled, what training materials teachers receive, or how taxpayer dollars are spent. Amid heightened parental rights movements, states continue to refine these laws, with some extending timelines or exemptions for administrative burdens. Persistence is key, since districts often comply only under formal pressure.
Legal Framework:
The federal Freedom of Information Act (FOIA) (5 U.S.C. § 552) applies only to federal agencies and does not cover local schools. However, all 50 states have their own open records laws that cover public schools as local government entities. These laws make documents like emails, reports, and policies accessible.
Exemptions/Redactions:
Some information may be exempt from disclosure under a state’s open records laws. At times, a school might respond to a records request by citing an exemption, but it is important to note that not all information in a record necessarily qualifies for an exemption. Parents should not accept a denial or a claim of exemption at face value, and request that redactions be made rather than the entire record be withheld. Appropriate exemptions may include:
Student-identifiable information (such as names, grades, and disciplinary notes), which is protected under FERPA. Schools can release non-identifiable portions of records.
Personnel records, such as teacher evaluations, medical files, and investigations.
Drafts, working notes, or other documents used in deliberations may be withheld.
Attorney-client communications, trade secrets, or school safety plans.
Denials must cite specific exemptions; merely saying something is “confidential” is not enough.
Fees/Formats/Appeals:
Requests are often free for in-person inspection (once the records are found and made available), but copies or extensive searches may incur reasonable fees. Request electronic format where available. If your request is denied, it can generally be appealed to an agency head or state ombudsman. In some circumstances, it may be possible to file a lawsuit to compel the production of records.
What to ask for:
Request specific, non-exempt records, in as much detail as possible to facilitate a search for responsive records.
Emails or communications related to a policy, curriculum, or incident (e.g., “all emails addressed to, or from, the superintendent and board members on curriculum adoption from January 1, 2025 to present”).
Contracts with vendors or suppliers for educational materials or services.
Training materials for staff on topics like anti-discrimination, antisemitism, or student privacy.
Data on complaints, investigations, or disciplinary actions (redacted for privacy).
Meeting minutes, audio/video recordings, or agenda packets not posted online.
Budget documents, expenditure reports, or grant applications.
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Before even filing a request, check the school board’s website to see whether the information you are seeking is online!
Research your state’s law. Often, you will find this information on the website of the state’s Attorney General.
Identify the school district’s records custodian (often on the district’s website).
Identify the records you are requesting. Be precise. For example, you can ask for “all emails addressed to, or from, the superintended and board members regarding antisemitism policies from October 1, 2023 to September 1, 2025,” or “lesson plans for 10th grade History for the 2025-2026 school year.” Specify format—electronic preferred.
Write a clear and specific request, reference the state’s law, and request that you be notified of fees. Each request can ask for more than one thing, but if you have a long list of things you are asking for, it’s better to submit them as separate requests, by category (e.g., one request for lesson plans and curriculums, and a separate request for policies).
Send your request to the appropriate custodian of records. Sometimes this can be done by filling out a form online or by sending an email, and sometimes you need to mail your request.
Keep copies of all your requests, and keep track of the state’s deadline for a response.
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[Custodian of Records]
[School District Name]
[District Address]
[City, State, ZIP Code]Dear Custodian of Records,
Pursuant to [State Open Records Law, e.g., the California Public Records Act or Florida Sunshine Law], I am requesting access to and copies of the following public records:
All current and prior versions of anti-discrimination policies, including, but not limited to, those addressing antisemitism, adopted, issued, or revised on or after January 1, 2020.
All drafts, working papers, or proposed revisions to anti-discrimination policies, including those concerning antisemitism, generated or circulated on or after January 1, 2020.
All communications, memoranda, or internal guidance discussing or interpreting the scope, enforcement, or application of such anti-discrimination policies since January 1, 2020.
Please provide these records in electronic format (e.g., PDF or searchable text) if available. If any portion is exempt from disclosure, please provide the releasable portions with redactions and cite the specific statutory exemption for each withheld section.
Advise me in advance of any estimated fees for search, review, or copying, and confirm if fees can be waived in the public interest. I am willing to discuss narrowing the request if it is deemed overly broad.
If you need clarification, contact me at [phone] or [email]. I expect a response within the timeframe required by law [e.g., 10 business days].
Thank you for your assistance.
Sincerely,
[Your Name]
What to do when you receive a response:
Review for completeness. If some, or all, of your requests are redacted or denied, demand citations to the specific exemptions claimed.
If your request is denied, appeal promptly (check your state law – in most cases it’s 30 days). If a request is improperly denied, you may be able to take legal action to compel production.
If your request is denied or delayed, consider refining your request based on the initial response.
