1. April 23, 2015
Dear Colleague:
Charter schools need boards that govern for greatness. And as leadership author Jim Collins
reminds us in his book Good to Great, “Greatness is not a function of circumstance, greatness
is largely a matter of conscious choice, and discipline.”
As the Board of Directors for a public school academy, we want you to choose greatness and
model the way for the school you govern. We also want to help you focus on what truly matters
– ensuring your students are prepared to succeed in college, work and life.
To this end, we are pleased to provide you with the enclosed Spring 2015 Board Policy Update
packet. By providing you with this service of concise, organized and legally reviewed policies, it
is our hope that you will be able to focus more time on what truly matters and also ensure that
your board has properly adopted the policies it needs to provide clear guidance and direction for
the school.
We sincerely value our relationship with you and are constantly looking for ways in which we
can improve our service to better meet your needs. If you ever need support to better
understand and leverage your policies, please don’t hesitate to call on us. We also believe in
continuous improvement, so we’d love any suggestions you might have for making the policy
service even better.
As always, thanks for your commitment and service to our students and our great state of
Michigan!
Best Wishes,
James N. Goenner, Ph.D.
President & CEO
Enclosures
711 West Pickard Street, Suite M • Mt. Pleasant, Michigan 48858
Phone: (989) 317-3510
www.CharterInstitute.org
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SPRING 2015 UPDATE
OVERVIEW AND COMMENTS
Please do not retype National Charter Schools Institute (“Institute”) materials before returning
them for processing. We prefer to have the original materials returned after you have marked
them indicating which changes and additions you choose to have/not have for your Academy.
If a Academy chooses not to adopt a policy or administrative guideline, the Academy is still
obligated to follow applicable Federal and State laws relating to that topic.
The proposed new, revised, and replacement policies, administrative guidelines and forms
included in this update have been thoughtfully prepared and reviewed by National Charter
Schools Institute’S legal counsel for statutory compliance. If you make changes, or substitute
in its entirety policies or other materials of your own drafting, those materials should be
reviewed by your legal counsel to verify compliance. National Charter Schools Institute does
not review Academy-specific edits to update materials or Academy-specific policies for
statutory compliance.
If a policy or guideline is marked as a revision, the changes have been marked in bold (to add
material) and crossed out (to delete material). As you review a revised policy or guideline,
you may choose to accept one, many or all of the changes provided. If a policy or guideline is
marked as a replacement, that means there have been enough changes made that justify a
complete, clean replacement copy.
If the Academy authors language and adds it to a policy template or deletes content that is
not marked as a choice in the policy template, then these actions will constitute Academy-
specific edits.
Policies that are to be deleted from the policy manual require Board action to rescind the
policy.
Your National Charter Schools Institute Associate will contact you in the near future to
schedule an appointment to review this update and ensure you are current on this and
previous updates. It is expected that all appointments will have been completed with the
appropriate documents received for processing by June 30, 2015.
If you are not an administrative guidelines client, you will not need to fill out the administrative
guideline-specific materials in this packet. If you are interested, please contact your
Associate for more information about becoming an administrative guidelines client.
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Processing Update Materials
If you will be making changes to these Update documents electronically, use Microsoft Word’s
“Track Changes” tool to mark the National Charter Schools Institute materials indicating which
of the proposed revisions and additions you choose to include or not include for your
Academy, or to make additional edits, before returning them electronically for processing. Be
sure to leave the “track changes” and marked up version as the one you submit to the
Institute office.
Academy-Specific Material
If the Academy chooses, during any step of the Update process, to incorporate Academy-
specific material into a new policy or guideline that has been proposed or to insert Academy-
specific material into a current policy or guideline for which revisions have been proposed in
an update issued by National Charter Schools Institute, then the Academy agrees to hold
National Charter Schools Institute harmless for those Academy-specific edits. In addition,
National Charter Schools Institute retains ownership of the text from the original policy
template that remains in a policy to which Academy-specific material has been added.
Academy-specific materials include the following:
A. Materials from the Academy’s existing materials that the Academy requests be
incorporated during the drafting process;
B. New materials that the Academy develops in their entirety and exclusive of
National Charter Schools Institute; and
C. Revisions or deletions that substantively depart from National Charter Schools
Institute’s templates.
Further, National Charter Schools Institute does not recommend the use or
incorporation of Academy-specific materials. National Charter Schools Institute will, at
the request of the Academy, incorporate Academy-specific materials into the licensed
materials, with the implicit understanding that the Academy bears all risks associated with the
Academy’s decision to request that such Academy-specific materials be incorporated.
National Charter Schools Institute reserves the right to, but is not obligated to, advise the
Academy to seek its own legal review of Academy-specific materials.
Notice Regarding Legal Accuracy
National Charter Schools Institute is vigilant in providing policy language to clients that has
been vetted for legal accuracy by Michigan legal counsel. Should any question arise as to the
legal compliance or accuracy of National Charter Schools Institute materials, it is our
expectation that National Charter Schools Institute’s counsel will have the opportunity to
assist in the resolution of such a claim. Please notify the National Charter Schools Institute
corporate office if an issue arises in which such a review or assistance is necessary.
Policies in this update have been reviewed by Clark Hill, PLC for consistency with Federal
and State law.
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Reminders
• The Internal Revenue Service (IRS) issued Notice 2013-80 which provides the 2015
mileage rate at 57.5 cents per mile for business travel.
• The U.S. Department of Labor maintains regulatory authority over state and local
government employers, including academies. Note that the following federal laws
have poster requirements which apply to Academies (no Federal or Federally-assisted
contracts or subcontracts):
o The Employee Polygraph Protection Act (EPPA)
o The Fair Labor Standards Act (FLSA)
o The Family and Medical Leave Act (FMLA)
o Uniformed Services Employment and Reemployment Rights Act (USERRA)
o Whistleblower Protections
In addition, certain organizations may be required to display posters that can only be obtained
from DOL's Office of Workers' Compensation Programs (OWCP). More information on these
posters is available. Links to all federal employment posters are always available on the
Poster Page as are answers to frequently asked questions. Note that Academies with federal
or federally-assisted contracts or subcontracts may have additional requirements.
Legal Alert
Included with this update are 3 legal alerts printed on green paper. These legal alerts include:
1. Bullying and Special Education Students.
2. Meeting the Communication Needs of Students with Hearing, Vision, or Speech
Disabilities.
3. Changes to FOIA.
BYLAWS AND POLICIES
Human Resources
Policy 1240 – Evaluation of the School Leader/Educational Service Provider
(Revised)
Policy 1420 – School Administrator Evaluation (Revised)
Policy 3220 – Teacher Evaluation (Revised)
AG 3220A – Evaluation of Staff (DELETE)
These policies have been updated to comply with the changes to M.C.L. 380.1249,
including the current requirements relating to use of student growth as a factor in the
evaluation process, mid-year reviews for certain staff, and the required rating
categories. The policies now provide similar review criteria for staff and administration
as required by applicable statutory language. Additionally, AG 3220A should be
deleted since all necessary language has been included in Policy 3220.
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These revisions reflect the current state of the law and regulations and should be
adopted to maintain accurate policies.
Policy 3120 – Employment of Professional Staff (Revised)
Policy 4120 – Employment of Support Staff (Revised)
Language in these policies has been updated to reflect current “Highly Qualified”
certification requirements.
This revision reflects the current state of the law and regulations and should be
adopted to maintain accurate policies.
Policy 3139 – Staff Discipline (Deleted)
This Policy Does not apply to Charter Schools. Discipline will either be administered
by the Educational Service Provider or in accordance with the employee handbook
and/or individual contract of employment.
Student Safety and Welfare
Policy 5320 – Immunization (Revised)
AG 5320 - Immunization of Students in School (Revised)
In December, 2014, the Joint Committee on Administrative Rules approved a new
educational requirement for Michigan parents seeking a non-medical waiver from the
vaccination requires for their children. The new rule requires parents/guardians to
speak with a health educator from their local health department regarding the benefits
of vaccination and the risks to the individual and the community from not getting
vaccinated. The county health department will provide the non-medical waiver form to
the parent, which the Academy must honor. The new rule became effective January
1, 2015.
Additionally, the Department of Health and Human Services (DHHS) is duly noted in
both the policy and guideline in recognition that the Michigan Department of
Community Health and the Department of Human Services (formerly Family
Independence Agency) have been consolidated.
These revisions reflect the current state of the law and regulations and should be
adopted to maintain accurate policies and guidelines.
Policy 5350 – Student Suicide (Revised)
AG 5350 – Suicide Intervention Process (Revised)
These revisions reflect recent guidance from the American Foundation for Suicide
Prevention regarding assessment and intervention strategies.
These revisions are recommended but not required.
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Policy 5517.01 – Bullying and Other Aggressive Behavior Toward Students
(Revised)
Revisions to this policy reflect the changes enacted by Public Act 478 of 2014.
Academies are required to file updated policies with the Michigan Department of
Education (MDE) not later than May 31, 2015.
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 8400 – Academy Safety Information (Revised)
AG 8400A – Threat Assessment and Intervention (New)
This policy and guideline were revised to include additional, optional language dealing
with threat assessment.
The threat assessment content is recommended, but not required.
Policy 2260.01 – Section 504/ADA Prohibition Against Discrimination Based on
Disability (Revised)
Language has been added to this policy in response to the Office for Civil Rights requirement
that students and their parents be notified of their right to participation and representation
during all steps of due process.
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 5112 – Entrance Age (Revised)
Revisions are necessary due to the passage of Public Act 479 of 2014. Entrance age has
been revised to September 1.
Revisions to this policy reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 5114 – Foreign and Foreign-Exchange Students (Revised)
The revisions proposed to this policy address the requirements set forth in current Federal
law pertaining to nonimmigrant students who have citizenship in countries other than the
United States and who enter the U.S. on either an J-1 or F-1 Visa to attend high school in the
United States. Students who have a J-1 Visa are what we have traditionally thought of as
foreign exchange students. The Academy can also choose to sponsor nonimmigrant
students who have citizenship in countries other than the United States who seek admission
to the United States to study for up to one academic year. If the Academy agrees to sponsor
a nonimmigrant student who has citizenship in a country other than the United States so that
student is able to apply for a F-1 Visa.
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
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Policy 5460 – Graduation Requirements (Revised)
Revisions to this policy reflect the changes required by law and the Michigan Department of
Education (MDE).
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 8390 – Animals on Academy Property (Revised)
National Charter Schools Institute originally revised Policy 8390 in 2013 to ensure that all
persons who bring animals (including service animals) onto school property are treated in an
equal and nondiscriminatory manner – i.e., the policy holds each person to the same
standards and requirements, regardless of the purpose for which the animal was coming onto
school property. While that requirement is consistent with Section 504’s nondiscrimination
provisions concerning students’ equal access to the Academy’s programs, activities and
facilities when compared to nondisabled individuals, over the past two years, the Department
of Justice – pursuant to its authority to enforce Title II of the Americans with Disabilities Act,
as amended (ADA) – has actively investigated and challenged Title II public entities that place
any restrictions on the ability of a person to bring a service animal on or into the public entity’s
facilities.
Pursuant to guidance issued by the Department of Justice, public entities may only ask: (1) is
the dog a service animal required because of a disability, and (2) what work or task has the
dog been trained to perform. Thus, while service animals in general may be subject to state
and county laws, regulations and ordinances pertaining to their licensing, vaccination and
veterinary requirements, a public entity may not inquire about those topics.
National Charter Schools Institute has, therefore, revised Policy/AG 8390 to reflect the
Department of Justice’s strict interpretation of this limitation. Additionally, while a service
animal may, in some limited circumstances, be a component of a student’s individualized
education program (“IEP”) or Section 504 Plan, those processes cannot serve as a
mechanism to limit a student’s ability to be accompanied by a service animal if the animal is
required because of the student’s disability and has been trained to perform work or a task
specific to the student and his/her disability. Finally, the Policy continues to reflect that
employees who wish to utilize a service animal remain subject to the reasonable
accommodation provisions of Title I of the ADA.
The revisions to this policy reflect the current state of the law and should be adopted to
maintain accurate policies.
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ADMINISTRATIVE GUIDELINES
AG 2260.01B – Section 504/ADA Parents’ Procedural Rights, Including Due Process
Hearing (Revised)
See note on Policy 2260.01.
AG 5460 – Graduation Requirements (Revised)
See note on Policy 5460.
AG 5460.01 – Graduation Requirements Career and Technical Education (CTE) (New)
See note on Policy 5460.
AG 7540.04 - Staff Education Technology Acceptable Use and Safety (Revised)
This guideline is being revised to clarify client concerns regarding confidentiality
requirements.
AG 8310A – Public Records (Revised)
See Legal Alert #3 in this Update.
AG 8390 - Use of Service Animals (Revised)
See note on Policy 8390.
AG 8420 – Emergency Situations at the Academy (Revised)
This guideline has been revised to bring it up-to-date with current requirements regarding
school safety drills.
AG 9160A - Accessibility of Academy Facilities (Revised)
This guideline is revised to reflect the requirements outlined in Legal Alert #2 in this Update.
FORMS
Form 5320 F3 – Immunization Waiver (DELETE)
As a result of recent communications with representatives from the Michigan Department of
Community Health (MDCH), it is recommended that Academies utilize the forms provided by
MDCH for reporting required information.
You may readily access MDCH forms electronically, using their website:
http://www.michigan.gov/mdch
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Form 8400 F1 – Documentation Pertaining to Threat Assessment and Intervention
(New)
See note on Policy 8400.
COMMENTS
Electronic Access to Management Documents
If you are interested in finding out more about National Charter Schools Institute’s system for
producing the Academy’s policies, guidelines, and forms, ask your National Charter Schools
Institute associate for a demonstration in your office. All that is required is that you have a
computer and access to the Internet.
Reviewing Board Minutes
A feature of your subscription to the Update Service is the review of your Academy’s Board
minutes to identify action that results in new policy or revision to existing policy. If such action
has been taken and copies of the related materials have not been submitted to the Institute,
the Academy will be contacted and additional information regarding the action will be
requested. Please take advantage of this valuable service by sending copies of your Board
minutes to the Institute for review.
10. BRITTON, SMITH, PETERS & KALAIL CO., L.P.A.
ATTORNEYS AT LAW
LEGAL ALERT
To: NEOLA/National Charter Schools Institute Clients
From: NEOLA Counsel
Re: Meeting the Communication Needs of Students with Hearing, Vision, or
Speech Disabilities
Date: January, 2015
On November 12, 2014, the Office for Civil Rights (“OCR”) issued guidance to enable children
with hearing, vision, or speech disabilities to communicate effectively in school. OCR’s
guidance focuses on Title II of the Americans with Disabilities Act of 1990 (“Title II), and how it
compares with the Academy’s obligations under the Individuals with Disabilities Education
Improvement Act (“IDEA”).
General Title II Obligations
Title II regulations require academies to provide disabled individuals with equal opportunities to
participate in, and benefit from, all school activities. Specifically, public schools must provide
auxiliary aids and services to ensure that communication with disabled students is as effective
as communications with students without disabilities. These auxiliary aids and services should
be offered in an accessible format, timely manner, and in a way that protects the child’s privacy
and independence. Examples include interpreters, computer-aided transcription services,
readers, audio-recordings, taped texts, large print materials, and text-to-speech technology.
In deciding which auxiliary aid or service is appropriate for each individual student, academies
must give primary consideration to the student’s request. In addition, the Academy should also
consider the number of people involved in the communication, the expected length of
interactions, and the communication content. OCR highlights the evolving nature of
communication and urges academies to reassess a student’s needs as circumstances and/or
technologies change.
Importantly, these Title II regulations apply not only to students, but to all who seek to benefit
from the school’s services, programs, or activities. For example, these rules apply to parent-
teacher conferences, ceremonies, field trips, registration, and open houses.
Academies cannot charge for the auxiliary aids or services. Further, they cannot ask the
disabled individual to bring an interpreter, unless that person specifically requests to do so.
Other than in an emergency, a minor cannot interpret for the disabled individual.
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11. Title II Exceptions:
An Academy must provide a reasonable auxiliary aid or service unless it can prove that it would
result in: (1) a fundamental alteration in the nature of the service, program, or activity; or (2) an
undue financial and administrative burden.
If either applies, the Academy’s School Leader (or a designee) may formally refuse the request
by providing a written statement explaining either the fundamental alteration or undue burden.
Notably, a designee must have authority to make budgetary and spending decisions, and also
have enough knowledge to consider all Academy resources. If the Academy declines to provide
the aid or service, it prove the alteration is an undue burden, which the OCR specifically notes
to be unlikely.
Even if an Academy follows the above steps, it must still ensure the disabled individual
participates in the school’s programming and activities to the maximum extent possible.
Typically, this means the Academy has to provide a different auxiliary aid or service.
Comparison to IDEA Regulations:
• General Requirements: IDEA requires academies to prove students with a free
appropriate public education (“FAPE”), one that provides a meaningful educational
benefit. Title II goes beyond that obligation. First, it mandates academies ensure
communications with disabled individuals are as effective as those with people without a
disability. Next, it requires academies provide disabled individuals an equal opportunity
to participate in, and enjoy the benefits of, the Academy’s services and programs. When
an Academy provides FAPE, for example, but fails to ensure that communication with
that student is as effective as communication with non-disabled students, it has not met
its responsibility under Title II.
In deciding which auxiliary aids or services meet the child’s needs, therefore, any IEP
team must use the Title II standards, not IDEA regulations.
• The IEP Process: An IEP is not a prerequisite to auxiliary aids and services; Title II
also protects students without an IEP. The Academy, accordingly, must provide aids
and services during any evaluation or identification process. Additionally, parents may
request aids and services as part of the IEP, but they do not have to make a specific
request. If the Academy knows the student needs assistance with communication, it
must provide effective communication services, even without a parent’s specific request.
Academies should review children’s auxiliary aids and services at least annually or
whenever the parent requests a change. The obligation to provide effective
communication under Title II is ongoing.
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12. • Funding: Academies may use IDEA funds for Title II aids and services if, and only if,
those aids and services are also needed to provide FAPE under the IDEA. These aids
and services must be delineated in the student’s IEP.
Notification: Academies may determine who receives requests for auxiliary aids and services,
and should notify parents and staff of that individual’s identity and contact information.
Typically, this is the ADA coordinator or his/her designee. The IEP team coordinator may serve
as the designee for IEP-eligible students. The individual deciding fundamental alteration or
undue burden issues, however, must have authority to make budgetary and spending decisions
and enough knowledge to consider all Academy resources.
Academies must also notify parents about their complaint options and the Academy’s grievance
process.
In sum, meeting special education obligations does not always relieve academies of their
obligations under Title II. Academies should ensure their administrators are aware of the
different standards and legal requirements.
If you have any questions concerning these guidelines, you should address them directly with
your board’s legal counsel.
This legal alert is intended as general information and not legal advice. No attorney-
client relationship exists. If legal advice is required, obtain the services of an attorney.
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13. BRITTON, SMITH, PETERS & KALAIL CO., L.P.A.
ATTORNEYS AT LAW
LEGAL ALERT
To: NEOLA/National Charter Schools Institute Clients
From: NEOLA Counsel
Re: Bullying and Special Education Students
Date: December, 2014
On October 21, 2014, the Office for Civil Rights (“OCR”) issued guidance related to bullying and
students with special education needs. In addition to emphasizing that ignoring disability-based
bullying violates federal law, OCR notified districts that even general bullying may violate a
disabled student’s educational rights.
As OCR noted in previous guidance documents, districts are obligated to: (1) take prompt and
effective steps reasonably calculated to end disability-based bullying; (2) eliminate the hostile
environment; (3) prevent recurrence; and (4) remedy its effects. If the district suspects that such
bullying affected the child’s free appropriate public education (“FAPE”) under either the IDEA or
Section 504, it must address this concern and remedy possible FAPE-related effects.
After reiterating the above, OCR clarifies that even bullying not based on protected status can
affect FAPE. When a child with an Individualized Education Program (“IEP”) or a Section 504
plan is bullied on any basis, OCR now requires the team to meet and address FAPE concerns.
The team must determine whether the bullying changed the child’s needs such that the IEP no
longer provides a meaningful educational benefit. If so, the team must determine whether the
student needs additional or different services and revise the IEP.
Parents, OCR emphasizes should participate in these decisions, and when possible, the student
should remain in his or her original placement. Victims should not bear the burden to avoid or
handle the bullying, and teams, warns OCR, need to be cautious in considering a change in
placement or service location.
14. Although OCR does not provide clear-cut rules controlling when a District should convene its
IEP/ Section 504 teams, it does offer several examples. A sudden decline in grades, increased
emotional outbursts or behavioral interruptions, or a rise in missed classes or services would
trigger an IEP/Section 504 meeting. In contrast, one low grade incident for a student who
shows no other changes in academic progress or behavior would not trigger a duty to meet. In
short, unless it is clear that the bullying did not affect the child’s FAPE, best practice requires
the team to meet. Again, the meeting must seek to determine whether the child’s needs
changed, how FAPE was impacted, and whether the student needs additional or different
services.
When investigating general bullying complaints against disabled students, OCR will first
examine whether the school knew or should have known that the bullying may have affected
FAPE. If so, OCR will determine whether the school promptly convened to address the
aforementioned IEP/Section 504 questions.
In sum, districts should red flag students with IEPs or Section 504 plans – or their parents – who
file bullying complaints. Especially when the incident is serious or repeated, the team should
meet as soon as possible to consider whether the bullying affected the child’s FAPE and what
services need to be added or changed.
If you have any questions concerning this guidance from OCR, you should address them
directly with your board’s legal counsel.
This legal alert is intended as general information and not legal advice. No attorney-
client relationship exists. If legal advice is required, obtain the services of an attorney.
15. LEGAL ALERT
To: NEOLA/National Charter Schools Institute Clients
From: NEOLA
Re: Changes to FOIA, Effective July 1, 2015
Date: February, 2015
The legislature recently implemented changes to the Michigan Freedom of Information Act
("FOIA"). These changes go into effect July 1, 2015. This legal alert is intended to provide an
overview of the most significant revisions to allow the Clients to make necessary changes to
practices and procedures and familiarize appropriate staff with the new obligations and
requirements. This alert does not cover every change and we recommend that current
practices and procedures be reviewed with legal counsel to determine what, if any, actual
changes need to be made.
Significant Changes Regarding Fees
The revisions to the law include many changes to how a public body may charge fees for
responding to FOIA requests. The most notable changes limit a public body to charging only
certain categories of fees and require specific and detailed notice be provided to the public
regarding what fees may be charged.
A public body is now required to develop and use a standard form to provide a detailed
itemization of any fee amount it has or will charge in its response to written requests under
FOIA. The allowable charges are limited to six fee components and restrictions are placed on
how the fees must be calculated by the public body in each of these components. For example,
charges for paper copies are limited to 10 cents per sheet, excluding the other allowable costs.
One component – labor costs relating to separating exempt from nonexempt information – may
be contracted out in certain circumstances and charged at a higher rate as described in the
statute. Labor costs may include a fringe benefit multiplier of up to 50%.
A good faith deposit of not more than 1/2 of the total estimated fee may be requested if the fee
estimate or charge exceeds $50. If this occurs, the public body must also include a best efforts
estimate of the time frame it will take for it to comply with the request with the total fee estimate.
No fees may be charged for information available on a Client's website, unless paper copies are
requested after the requester is informed by the public body of the availability of the materials
on the website. A public body may refer the requester to the website in lieu of providing the
information. Additionally, if an employee receives a verbal request for information that is
available on the website, he/she must inform the requester of its availability and location on the
website.
In addition to changes to allowable fees, the revisions include additional mandates for how to
assess and treat requests from indigent individuals and nonprofit organizations. A 100%
deposit may be required from individuals who have requested, but not paid for, records in the
past, with certain specified limitations.
16. Access to Information
If a requester asks for records via nonpaper physical media, the public body must comply with
this request if it is technologically capable of doing so.
A public body is now required to establish procedures and guidelines to implement FOIA. A
public body must also create a written public summary of the procedures and guidelines
explaining to the public how to submit a request, how to understand a response, deposits, and
fees, and how to appeal an adverse decision in "a manner so as to be easily understood by the
general public." This should be prepared by each Client based on its particular procedures.
The procedures, guidelines, and written summary must be posted on a public body's website
and must be made available for free with each written response to a FOIA request and upon
request. These may be provided in a written response by providing a link to the appropriate
web page, as opposed to producing paper copies.
Time for Response/Failure to Respond
The revisions allow for relief from the response time requirements if a written request is
submitted electronically and ends up in the public body's spam or junk mail folder. If that
happens, the request is not considered received until 1 day after the public body first becomes
aware of the request.
If a public body does not respond in a timely manner, if must reduce charges for permissible
labor costs as described in the statute (5% per day up to a 50% maximum). However, this
reduction is only required if: 1) the failure was willful and intentional, or 2) the request included
certain terms or words within the first 250 words such that the entity should have realized it was
a FOIA request.
Penalties/Remedies
The civil fines for an "arbitrary and capricious" violation of the act have increased to $1,000.
Additional civil fines of $2,500 - $7,500 are required to be assessed against a public body if a
court finds the public body willfully and intentionally failed to comply or otherwise acted in bad
faith.
The requesters have two options if the public body charges an excessive fee: 1) appeal to the
head of the public body, if permitted by the procedures and guidelines, or 2) initiate a civil action
in the circuit court. If an appeal to the head of the public body is appropriate, the head of the
public body must take action within 10 business days after receiving the appeal.
If you have any questions concerning the information in this alert, you should address them
directly with your board’s legal counsel.
This legal alert is intended as general information and not legal advice. No attorney-
client relationship exists. If legal advice is required, obtain the services of an attorney.