Freedom Of Information Requests

FOIA Procedures and Guidelines Document

Sample FOIA Request

FOIA Estimate Response

Requests

All “persons,” except those persons incarcerated in state or local correctional facilities, are entitled to submit a FOIA request to the School District.  A “person” is defined for purposes of the FOIA to mean “an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity.”

A FOIA request is a written request to inspect, copy, or receive copies of a public record.  A request must describe the public record in sufficient detail to enable the School District to find the requested record. The School District suggests that requestors use the sample Request Form. 

FOIA requests must be in writing. If, however, a person makes an oral request for information that is available on the School District’s website, and if the employee to whom the request is directed knows that the information is available on the School District’s website, that employee must inform the requesting person that the information is available on the School District’s website.

The School District’s FOIA Coordinator is responsible to process requests to inspect, copy, or receive copies of public records.  FOIA requests should be sent to the School District’s FOIA Coordinator.  

• Via U.S. Mail to:

FOIA Coordinator
PO Box 800
DeWitt, MI 48820

• Via email to: smithda@dewittschools.net

• Via fax to: 517-668-3018

If an employee of the School District receives a written request to inspect, copy, or receive copies of a public record, the employee should promptly forward the request to the School District’s FOIA Coordinator.  A requestor is not required to use the School District’s sample Request Form, or to include the word “FOIA” in the request.  Therefore, all written requests to inspect, copy, or receive copies of records should be promptly forwarded to the FOIA Coordinator for review.

The FOIA Coordinator shall keep a copy of all written requests for public records received by the School District on file for a period of at least one year.

A person may subscribe to future issuances of public records created, issued or disseminated on a regular basis, such as notices or agendas of school board meetings. In all other respects, if the requested public record does not exist as of the date requested, the School District has no obligation under the FOIA to create the requested record or to provide a copy if created at a later date.  A subscription is valid for up to 6 months and may be renewed by the subscriber.

The FOIA Coordinator shall, upon written request, furnish a certified copy of a public record to the requestor.

Responses

Unless otherwise agreed to in writing by the person making the request, the School District must respond to a written request under the FOIA within 5 business days (excluding weekends and legal holidays) after the School District receives the request by doing one of the following:

• Granting the request;

• Sending written notice denying the request;

• Granting the request in part and issuing a written notice denying the request in part; or 

• Issuing a notice extending for not more than 10 business days the period during which the School District will respond to the request.  

If a request is denied in whole or in part, the School District must include in the written notice of denial an explanation of the basis for the denial.

Exemptions to disclosure are set forth in Section 13 of the FOIA, MCL 15.243, which is available on the Michigan Legislature’s website at www.legislature.mi.gov.

If a public record or information is separated and exempt from disclosure (redacted), the School District will describe generally the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.  

Deposit Requirements

Where the School District estimates that the fee authorized under the FOIA and these FOIA Procedures and Guidelines for responding to a request will exceed Fifty Dollars ($50.00), the School District may require a good-faith deposit from the requestor before providing the requested records.  A good-faith deposit shall not exceed one-half (½) of the total estimated fee and shall include a detailed itemization of estimated fee amounts.  The FOIA Coordinator shall provide the requestor with a detailed itemization of allowable fees estimated to be incurred by the School District to process the request.  The School District shall include with its request for good-faith deposit a best efforts estimate of the time frame within which the School District will provide the requested public records.  The timeframe estimate is not binding on the School District, but the estimate will be made in good faith and the School District will strive to be reasonably accurate.

If a requestor previously requested public records from the School District, and if the School District made the requested public records available on a timely basis but was not paid in full the total estimated fee for that previous request, the School District may, to the extent permitted by the FOIA, require a deposit of up to 100% of the estimated fee for the subsequent request(s).   

Appeals

A requestor may appeal any denial of records or any fee charged for public records. 

Questions

Any questions about these Written Procedures and Guidelines should be directed to the School District’s FOIA Coordinator.