Business Insider August 25 2022 public records request

Tom Nash filed this request on behalf of Insider Staff with the Newport News Public Schools of Newport News, VA.
Est. Completion None
Status
No Responsive Documents

Communications

From: Insider Staff

To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

-All separation agreements and settlements reached with current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled.

-All public records relating to any and all claims of misconduct against current and former teachers who taught in the district between January 1, 2017 through the day this request is fulfilled. Such public records should include, but not be limited to, all complaints; allegations; claims; investigatory reports; analyses; summaries; memoranda and/or notes; interview recordings; transcripts and/or notes; reviews; emails, text or other electronic messages, voicemails, and/or other communications and/or correspondence; determinations; decisions; orders; resignation letters; employment reclassification documents; offers in compromise and/or settlement agreements; termination and/or transfer papers; letters of reproval and/or other disciplinary actions, whether imposed or not; referrals to law enforcement, administrative, and/or licensing agencies, departments, and/or bodies; appeals; court filings and/or rulings; and all similar materials notwithstanding the use of other terminology, nomenclature, or categorization by this or other involved public agencies.

To further clarify this request, the scope of the misconduct at issue arises from, relates to, and/or is a consequence of sexual behavior and/or activities with district students, whether currently or previously enrolled, and notwithstanding whether any such behavior and/or activities were proven to have occurred or not. The construction of this request should be understood to be liberal and expansive, such that all public records which may be remotely responsive should be produced in full and may only be withheld and/or redacted only as required by law.

I would like these records in the electronic format that they are stored in, transmitted via email or other digital method; please refrain from sending paper copies of the records.

Rather than provide all responsive records at once, I ask that you provide copies of records on a rolling basis, as they become available.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Insider Staff.

From: Newport News Public Schools

Mr. Nash,

I am in receipt of your records request regarding teacher separation agreements and claims of misconduct and I will respond on behalf of Newport News Public Schools.

Please be advised that it is practically impossible to determine what public records exist responsive to your request within the time allotted by the Virginia FOIA because of the matter and volume of this request. Therefore, I am invoking subsection B 4 of § 2.2-3704 to provide Newport News Public Schools with an additional seven work days to respond to your request.

Michelle Price
Director of Public Information and Community Involvement
Newport News Public Schools
(757) 591-7453

From: Insider Staff

Good afternoon, thank you for the update. Understood. I'll look forward to hearing back from you next week.

From: Newport News Public Schools

Mr. Nash,

I am in receipt of your records request for teacher separation agreements and settlements, and misconduct claims against teachers made in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

Newport News Public Schools has no records related to separation agreements or settlements.

The school division has several records responsive to your request. Please be advised, however, that these records are exempt from disclosure under § 2.2-3705.1 (1) of the Code of Virginia (personnel records) and the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99), and therefore will not be released.

Michelle Price
Director of Public Information and Community Involvement
Newport News Public Schools
(757) 591-7453

Files

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