FOIA response letter to May 20th, 2013

{note: the following is rendered from FreeOCR based on a PDF – mistakes and typos are most likely due to the software}

On Monday, May 20, 2013, the Champaign Community Unit School District #4 received from you a
Freedom of Information Act (FOIA) request. Your request and the School District’s response are provided below:
Any and all documents and email communication regarding the creation of kindergarten wait list procedures .
– Response: Copies of the requested records as generated and maintained by the District are attached.

– The name of the person or entity creating the wait list order for the 2013-2014 school year;
– Response: To the extent your request includes questions posed to the School District, note that :1 public body is not required to answer questions under the FOIA. 5 ILCS 140/3.3.

– Waiting liststfor all Champaign elementary schools with a waiting list for 2013-2014 school years. The list should note weather a student has low SES priority, proximity priority and/or unassigned status.
– Response: Copies of the requested records as generated and maintained by the District are attached. Per your correspondence, student names have been redacted from these records.

– A list of any student reassigned from the waiting list to any of the ll elementary schools for 2013-2014 noting the date of reassignment and weather the student has low SES priority, proximity priority and/or unassigned status;
– Response: The School District has no record that specifically provides the information sought in your request. The FOIA does not require a public body to create a record where one docs not exist, merely for the purpose of responding to a request for information. 5 ILCS 140/1. See also Harwoozl v. McD0nough, 344 Ill. App. 3d 242, 249 (2003) (noting that a request for records that have not yet been created is invalid).

– A list of kindergarten students who entered Southside elementary from the waitlist for the previous 3 academic years to include the date of entry and weather the student had low SES priority, proximity priority and/or unassigned status;
– Response: The School District has no record that specifically provides the information sought in your request. The FOIA does not require a public body to create a record where one does not exist, merely for the purpose of responding to a request for information. 5 ILCS 140/1. See also Harwoorl v. McDon0ugh, 344 Ill. App. 3d 242, 249 (2003) (noting that a request for records that have not yet been created is invalid).

A statement answering the following questions:

  • How many students registered for kindergarten in 2013-2014?
  • How many students were unassigned?
  • How many of these unassigned students listed fewer than 5 choices on the Champaign Community School District #4-Elentary Student Registration Form
  • How many of the total students registering listed a Unit 4 employee as a parent or guardian
  • How many of the unassigned students listed a Unit 4 employee as a parent or guardian;
  • How many kindergarten applicants were placed from the waitlist at any of the 11 schools for the 2012-2013 school year by the first day of class and at the end of the transfer period

– Response: To the extent your request includes questions posed to the School District, note that a public body is not required to answer questions under the FOIA. 5 ILCS 140/3.3.

In accordance with the Illinois Freedom of Information Act, we have complied with your request. To the extent you interpret this response as a denial of your request, you have the right to have the denial reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a). You can file your Request for Review with the PAC by writing to: Public Access Counselor, Office of the Attorney General, 500 South 2nd Street Springfield, Illinois 62706, Fax: 217-782-1396, E-mail: publicaceess@atg.state.il.us, Phone: 312-814-5526. If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days after the date of the denial letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original request for documents and the denial letter when filing a Request for Review with the PAC. You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. 5 ILCS 140/ l 1.
Sincerely,
Thomas Lockman
School Attorney/Freedom of Information Officer
Better Schools Build Better Communities
http://www.champaignschools.org

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