Access to Board Meeting Documents

General Principles

• What legislation covers the release of information by a board of education?
• What is a record?
• How does someone access the record?
• Can exempted records ever be released?

Before a Board Meeting

• Does the board have to release any of the material in the board package before the meeting?
• Can the board release the agenda of the meeting?
• What about draft resolutions?

During a Board Meeting

• What if a board member refers to something in a board package during discussion at a meeting, does it have to be shared at the meeting?

After a Board Meeting

• What can be released?
• What should not be released?
• What about notes taken by employees or board members during the meeting?
• What about closed sessions?

Board Retreats, Committees, etc.

• What about material produced at board retreats and during committee meetings?

General Principles

• What legislation covers the release of information by a board of education (board)?
  • Access to any records produced by a board or any of its employees or board members is covered by The Local Authority Freedom of Information and Protection of Privacy Act (LAFOIP). All records must be released upon request unless they are exempted under LAFOIP. Generally speaking, personal information and confidential records are exempted from disclosure.

• What is a record?
  • Records include documents, notes, computer records, videotape, and any other method of recording information.

• How does someone access the record?
  • If someone wishes to see or get a copy of a record the board can require the person to fill out an application form and pay the fee set under LAFOIP. The board can waive this process if the board is certain that the requested documents can be released under LAFOIP.

• Can exempted records ever be released?
  • Yes, if the information relates solely to the board’s affairs or if the individual or third party to whom the information relates gives specific permission for release.

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Before a Board Meeting

• Does the board have to release any of the material in the board package before the meeting?
  • No, even if a request is made under LAFOIP the board has 30 days within which to respond. The board may, however, decide to release certain reports or information if they believe it will be useful. Care should be taken to ensure that personal information or third party confidential information is not released without permission from the parties concerned.

• Can the board release the agenda of the meeting?
  • Yes, care should be taken, however, to ensure that confidential information is not included (i.e. agenda of a closed session, names of students, etc.)

• What about draft resolutions?
  • No, they are specifically protected from disclosure under LAFOIP.

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During a Board Meeting

• What if a board member refers to something in a board package during discussion at a meeting, does it have to be shared at the meeting?
  • No, the board could require a request to be made under LAFOIP. If, however, the document is one that could clearly be shared then the board may wish to do so. This is at the discretion of the board.

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After a Board Meeting

• What can be released:
  • agenda;
  • approved minutes;
  • documents referred to in the minutes unless they contain information that should not be released;
  • public reports; and
  • correspondence clearly intended to be made public.

If the board is not sure whether or not something can be released the request should be forwarded to legal counsel for review.

• What should not be released:
  • confidential reports from advisors, including personnel reports;
  • minutes or agenda of closed sessions; and
  • confidential information from third parties, including correspondence.

• What about notes taken by employees or board members during the meeting?
  • These notes are subject to LAFOIP and must be released unless they fit an exemption under LAFOIP. If they are merely a record of what was said during an open meeting they are not protected.

• What about closed sessions?
  • Access to the agenda and to minutes taken during the closed session can be refused.The only type of non-public meeting authorised by The Education Act, 1995 is a closed session meeting. Section 80(2) provides that a board can determine, by resolution, that a matter should be dealt with in closed session. Any decisions made by the board, however, are only effective if voted upon in the public portion of the meeting.
    Access to the minutes taken during the closed session can be refused pursuant to section 15(1)(b) of LAFOIP. It provides that access may be refused to a record that discloses the substance of deliberations of a meeting if an Act (in this case The Education Act, 1995) authorises holding the meeting in the absence of the public.Section 16 of the LAFOIP provides that advice from officials can also be exempt from disclosure in certain circumstances such as deliberations involving employees and proposals and recommendations developed for the board. It should be noted that if a proposal or recommendation is directly referred to in a board minute it is likely to be seen as being incorporated into the minute and would become subject to disclosure.

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Board Retreats, Committees, etc.

• What about material produced at board retreats and during committee meetings?
  • It is quite likely that the provisions of LAFOIP (relating to policy options, proposed plans, etc.) will apply to much of the material produced for these typyes of events and will allow the board to refuse to release the documents. If, however, the documents do not fit within one of the exceptions in LAFOIP they will have to be released, if requested.

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