SAMPLE FREEDOM OF INFORMATION ACT (FOIA) REQUESTS

These requests can be modified and used by parents in need of information about local schools.

FOIA Request Guidelines for the U.S. Department of Education (including the Office of Civil Rights)

1. Make your request in writing, either handwritten or typed.

2. Be as specific as possible with regard to names, dates, places, events, subjects, etc. You should include any file designations or descriptions for the records that you want; you do not have to give a requested record's exact name or title, but the more specific you are about the record or types of records that you want, the easier it will be for the Department of Education to locate them.

3. Include a return address, daytime phone number, and e-mail address (if available) in case the agency must contact you to clarify your request.

4. Send requests for the Department of Education's Office of Civil Rights to the following address:

U.S. Department of Education
400 Maryland Avenue SW., 5624 ROB-3
Washington, D.C. 20202-4651
Attn: FOIA Officer

You may also fax your request to (202) 708-9346 or e-mail it to OCIO_FOIA@ed.gov.

5. To avoid delay, be sure to display prominently on the envelope, fax cover sheet, or e-mail subject line, "FOIA Request."

This information is available at: http://www.ed.gov/offices/OCIO/infocoll/info7.html

State Freedom of Information Laws

Each state has its own freedom of information ("FOI") laws, and a lot of information from local schools and school boards can be obtained by using these statutes. The National Freedom of Information Coalition web site includes information and useful links to FOI resources in every state. The Coalition's web address is http://www.nfoic.org/web/index.htm.

For sample letters see:

- Basic FOIA request to the Deparment of Education (can also be used as a model for State FOIA requests)
- FOIA request to local school district (can also be used as a model for State FOIA requests)

BASIC FOIA REQUEST TO THE DEPARTMENT OF EDUCATION

Sample A

Your Name
Address
Phone #

Date

U.S. Department of Education
400 Maryland Avenue SW., 5624 ROB-3
Washington, D.C. 20202-4651

Dear FOIA officer:

Re: Freedom of Information Request

Pursuant to the Freedom of Information Act, 5 U.S.C. 552, I hereby request a copy of all records pertaining to (describe the subject or document containing the information that you want).

I am requesting these records for non-commercial personal use.

I request a waiver of fees because my interest in the records is not primarily commercial and disclosure of the information will contribute significantly to public understanding of the operations or activities of the government.

I will expect a response within 20 working days as provided by law. If my request is denied in whole or in part, I expect a detailed justification for withholding the records. I also request any segregable portions of these records that are not exempt under the Freedom of Information Act be disclosed.

Thank you for your prompt attention to this matter.

Very truly yours,

(Your Name)

FOIA REQUEST TO LOCAL SCHOOL DISTRICT

Sample B

December 15, 2000

Dr. John Doe
Superintendent of Schools
Pinetown Public Schools
454 Water Street
Pinetown, MA 01701

Dear Superintendent Doe,

I hereby request, pursuant to the Massachusetts Public Records Act, M.G. L. c. 66, sec.10, that you provide a copy of the public records information listed below.

This request includes all public records in possession of the Pinetown Public Schools, including, but not limited to, information in files, contained within reports to the State Department of Education, contained within reports to the United States Department of Education, Office for Civil Rights ("OCR"), and information stored in any other manner, indicating the following:

1. The percentage of minority students deemed eligible for special education services disaggregated by race, ethnicity, gender and "Limited English Proficient" status.
2. The process by which students are referred for evaluation, evaluated, and placed in classrooms to ensure that all students receive special education supports and services in the "least restrictive" environment appropriate.
3. If students are identified by disability type, please indicate the percentage of students enrolled in the district, by each disability type, disaggregated by race, national origin, and gender.
4. The number of students by race, ethnicity, and gender in special education, for each public school in the Pinetown Public School District, according to the percentage of time spent outside of the general education classroom each week.
a. For the current academic year.
b. For each of the three academic years prior to this request.
5. The number of students, by race, ethnicity, gender and "with disability," for each public school in the district, who have been suspended by Pinetown Public Schools for the following time periods:
a. For the current academic year as of September, 2000.
b. For each of the three academic years prior to this request.
6. The number of students, by race, ethnicity, gender and "with disability," for each public school in the district, who have been expelled by Pinetown Public Schools for the following time periods:
a. For the current academic year as of September, 2000.
b. For each of the three academic years prior to this request.

7. The definitions of the terms "suspension," "expulsion," according to the policy and procedures of Pinetown Public Schools.

I agree to the deletion of personal information wherever it is necessary to protect the privacy of the parties involved. Furthermore, please treat each request as an independent and separate request if doing so will avoid delay in providing the information.

Should you determine that some portion of the document(s) is exempt from disclosure, I request that you release any reasonably segregable portion of the document that is not exempt. If you determine that some portion of the document(s) is exempt from disclosure, please note the applicable statutory exemption and explain why it applies to the requested record. I reserve my right to appeal such a decision. In the event that you fail to comply with this request in the time provided by law, I intend to pursue my administrative and legal remedies.

Please contact me at (555)555-555(w) if you have any questions regarding this request. Thank you for your attention.

Sincerely,

(Your name)