Business Insider August 25 2022 public records request
Submitted | Aug. 25, 2022 |
Est. Completion | Sept. 14, 2022 |
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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: Norfolk Public Schools
Good afternoon, Mr. Nash:
We have received your FOIA request and are seeking some clarification.
Can you please clarify what your time frame applies to? Do you want all separation agreements and settlements reached and claims from January 1, 2017-present? Or do you want all separation agreements and settlements reached and claims ever for any teacher who has been teaching from January 1, 2017-present?
Thank you for your time.
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
From: Norfolk Public Schools
Mr. Nash:
As we await clarification from you, please be advised that we will not be able to provide the requested records or determine whether they are available within the five work days required by FOIA because employees who are necessary for a response to this request are on leave; therefore, we are invoking subsection (B)(4) of § 2.2-3704 to provide us with an additional seven work days to respond to your request.
We will respond on or before Wednesday, September 14, 2022. (Labor Day holiday factored in to deadline.)
Please send your clarification as soon as possible.
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
From: Insider Staff
Good afternoon, thank you for the update. I understand the need for additional time and will look forward to hearing back from your office next week.
In the meantime, in an effort to assist you in processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students.
With respect to the separation and settlement agreements I've requested, please note that I am requesting all such agreements, regardless of the underlying reason/rationale for departure.
Thanks again,
From: Norfolk Public Schools
Good morning, Mr. Nash:
We appreciate your understanding regarding the additional time; however, please be advised that the September 14, 2022, date is tolled until we are able to seek the clarification we need to conduct a proper search for you regarding your initial FOIA request.
We are still trying to ascertain whether you want the stated teacher records for between January 1, 2017 to present, or do you want any and all records ever for any teacher who taught from January 1, 2017, to present?
In other words:
* If teacher “John Doe” began working with the division in 1995, and continued his employment during the time period from Jan. 1, 2017 to the present, do you seek any and all records regarding sexual misconduct investigations and/or separation agreement/settlement/claims at ANY point during his tenure (including times prior to January 1, 2017);
* Or, do you seek records on investigation/separation agreement/settlement/claims that occurred between January 1, 2017, to present, regardless of the teacher’s tenure?
Additionally, please note that we must now generate a separate FOIA request in regards to the following statement in your recent clarification response: In the meantime, in an effort to assist you in processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students, because in your initial request, you never mentioned “Hostile Educational Environment.” Therefore, we must seek the same clarification as above and are tolling the time for a response until we are able to receive the clarification needed to conduct a proper search for this second FOIA request.
Thank you for your continued understanding!
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
From: Norfolk Public Schools
Mr. Nash,
I just spoke with our Human Resources and the employee tasked with ascertaining the records in that department needs clarification regarding your second FOIA request. What do you mean by “Hostile Educational Environment”?
Please let us know when you can.
Thank you.
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
From: Insider Staff
Good afternoon,
In an effort to assist you in processing this request, records regarding “activities with district students” should be interpreted to mean “Sexual Harassment,” “Unwelcome Conduct,” “Hostile Educational Environment,” and/or “Sexual Violence,” involving one or more former or current students. With respect to the separation and settlement agreements I've requested, please note that I am requesting all such agreements, as indicated in my request, regardless of the underlying reason/rationale for departure.
As for what constitutes a hostile educational environment, that differs by district as there is some subjective discretion involved on your part in making that determination.
Please let me know if I can provide further clarification.
From: Norfolk Public Schools
Dear Mr. Nash:
Thank you for your clarifications on September 12, 2022. This correspondence is to update NPS’ response deadlines for your FOIA requests.
Time was tolled for FOIA #1, which pertains to the cases that are sexual in nature and separation/settlement agreements. We will respond on or before Friday September 23, 2022.
For FOIA #2, which deals with “hostile educational environment” cases, please be advised that we will not be able to provide the requested records or determine whether they are available within the five work days required by FOIA because employees who are necessary for a response to this request are on leave; therefore, we are invoking subsection (B)(4) of § 2.2-3704 to provide us with an additional seven work days to respond to your request.
We will respond on or before Wednesday, September 28, 2022.
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
From: Norfolk Public Schools
Mr. Nash,
Regarding your request for:
"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."
And with this later expansion:
"In an effort to assist you in processing this request, records regarding "activities with district students" should be interpreted to mean "Sexual Harassment," "Unwelcome Conduct," "Hostile Educational Environment," and/or "Sexual Violence," involving one or more former or current students. With respect to the separation and settlement agreements I've requested, please note that I am requesting all such agreements, as indicated in my request, regardless of the underlying reason/rationale for departure."
Norfolk Public Schools responds:
Norfolk Public Schools has approximately 11 pages of records responsive to your request for "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 11 pages are withheld pursuant to VA Code § 2.2-3705.1(3), legal memoranda and other work product compiled specifically for use in litigation, and VA Code § 2.2-3705.1(1), personnel information concerning identifiable individuals, subject matter settlement agreements reached with current and former teachers who taught in the district between January 1, 2017, through the day this request is fulfilled.
For the remainder of your request for "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," where "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", and where "records regarding 'activities with district students' should be interpreted to mean 'Sexual Harassment,' 'Unwelcome Conduct,' 'Hostile Educational Environment,' and/or 'Sexual Violence,' involving one or more former or current students," Norfolk Public Schools holds approximately 8,145 pages that are responsive to your request and an additional 57 files that are potentially responsive.
The approximately 8,145 pages are scholastic records and education records that are exempt from disclosure and are withheld in their entirety pursuant to VA Code § 2.2- 3705.4 (A)(1), and under FERPA (Family Educational Rights and Privacy Act), 20 U.S.C. § 1232g, 34 CFR § 99.30, 34 CFR § 99.31, and 34 CFR § 99.5, as they constitute student records, subject matter records relating to claims of misconduct between January 1, 2017, through the day this request is fulfilled against current and former teachers who taught in the district when the claims involve students. These scholastic records also contain personnel information concerning identifiable individuals that is exempt from disclosure pursuant to VA Code § 2.2-3705.1(1); however, as scholastic records are withheld in their entirety, no redactions will be made.
Additionally, as stated above, Norfolk Public Schools holds approximately 57 files that are potentially responsive to your request. It will take about an hour per file to determine which of these files are actually responsive. At an hourly rate of $52.42, the lowest-hourly-rate for the employee that can make this determination, it will cost an estimated $2,987.94 to search for the records to provide with more particularity the volume of the records that are responsive. However, if you wish to proceed with this portion of your request and have us search for the responsive records in these files, please be advised in advance that these 57 files are scholastic records and education records that are exempt from disclosure and would be withheld in their entirety pursuant to VA Code § 2.2- 3705.4 (A)(1), and under FERPA (Family Educational Rights and Privacy Act), 20 U.S.C. § 1232g, 34 CFR § 99.30, 34 CFR § 99.31, and 34 CFR § 99.5, as they constitute student records. The records are the subject matter complaints about free appropriate public education (FAPE). These complaints are filed with the Virginia Department of Education who may also have responsive records. To request records from VDOE, contact:
Rebecca S. Askew
Virginia Department of Education
Policy Office
P.O. Box 2120,
Richmond, Virginia 23218-2120,
Phone: 804-225-2775
Fax: 804-530-4502
Email: foia@doe.virginia.gov<mailto:foia@doe.virginia.gov>
You have requested to be informed of the total charges in advance of fulfilling your request. Additionally, Code of Virginia § 2.2-3704 (H) states: In any case where a public body determines in advance that charges for producing the requested records are likely to exceed $200, the public body may, before continuing to process the request, require the requester to pay a deposit not to exceed the amount of the advance determination.
57 hours x $52.42/hour = $2,987.94
Therefore, a total of $2,987.94 is required in payment as a deposit before the request will continue to be processed to search for the FAPE records that are responsive to your request, but that, as previously mentioned, would ultimately be withheld as scholastic records. (Please note: This is a good-faith estimate and the final cost could be more than that amount; however, whatever you pay up front will serve as a deposit toward the final amount with a balance due at the time of fulfillment.)
If you would like to amend your request, please advise. This may help reduce the amount of time and cost that production of this response would take. Your request is tolled until we either receive your deposit or receive a modification of the scope of your FOIA request. Finally, given the large number of records that will need to be searched, should you decide to proceed with your FOIA request we will need an extension of time of three weeks from the time we receive your deposit.
It is our understanding that your request for "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" was only asking for records relating to claims of misconduct against teachers that involved district students. If you meant to ask for records relating to claims of misconduct for teacher-to-teacher conduct, please advise as such and we can provide you the estimate for that search and production.
Please let us know if you have any questions.
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
From: Norfolk Public Schools
Mr. Nash,
A follow-up to note that we provided a response to your request for records regarding "hostile educational environment" as stated below in the highlighted area.
We await your response on whether you wish us to proceed with the review of records that are potentially responsive.
Regards,
Norfolk Public Schools
Division of Communications & Community Engagement
Freedom of Information Act (FOIA) Requests
Suite 1008
800 E. City Hall Avenue
Norfolk, VA 23510
foia@nps.k12.va.us<mailto:foia@nps.k12.va.us> | 757.628.3459
Files
There are no files associated with this request.