Revisions to the Freedom of Information Act (FOIA) were effective Jan. 1, 2010. The December issue of the IASB Policy Reference Educational Subscription Service (PRESS) contains a rewritten FOIA policy and procedures, a revised policy on the Open Meetings Act (OMA), plus other material needing revisions after the legislative session.

Adopting an updated policy as soon as possible is a good goal, but it is not legally necessary, as long as the district complies with the revised FOIA on and after Jan. 1, 2010. A board may waive its policy requiring multiple readings of a policy before adoption, depending on local circumstances.

Complying with the revised FOIA is the bigger issue. PRESS material will make compliance easier but the board's attorney should be consulted for specific advice.

Meanwhile, the Illinois Attorney General has appointed Cara Smith as the Public Access Counselor. Her directory information and compliance guidance are available on the agency’s website:

http://www.illinoisattorneygeneral.gov/government/index.html.

The state AG Office also has posted a Frequently Asked Questions publication at: http://www.illinoisattorneygeneral.gov/government/FAQ_FOIA_Government.pdf.

According to the agency, the FAQ publication will be updated frequently and will contain the agency’s answers to many operational questions.

School boards, if they have not already done so, need to make some appointments. Amendments to the Open Meetings Act require each board to designate at least one employee or member to receive training on compliance with OMA. The names of the designated individual(s) must be submitted to the AG Office.

In addition, the designated individual(s) must successfully complete by July 1, 2010 an electronic training curriculum administered by the AG Office. The OMA does not specify duties for the designated individual(s) who have received training but presumably they would assist the board in its OMA compliance efforts.

Similarly, the revised FOIA requires each board to also designate one or more officials or employees to act as its Freedom of Information officer(s). This officer receives FOIA requests and issues timely responses among other duties. Each Freedom of Information officer also must, by July 1, 2010, successfully complete an electronic training curriculum administered by the AG Office.

These and other requirements are covered more fully in the December PRESS issue.

Return to School Law