Access to Records After a Board Meeting

Once the board meeting is concluded the following documents can generally be disclosed without requiring a formal request under LAFOIP:

• agenda;
• approved board minutes:
  • Section 110 of The Education Act, 1995 specifically provides that the board must make available the minutes of the board during regular office hours after they have been adopted; the board must also give copies of the minutes within a reasonable period of time to anyone who requests them; and the board can charge a reasonable fee for the copies not to exceed the cost to the board in providing the copies;
  • documents referred to in the minutes unless they contain information that should not be disclosed;
  • public reports; and
  • correspondence clearly intended to be made public.

Other documents will require review to determine into which of the following categories the record falls:

• must be disclosed – the assumption is that all records must be disclosed but the only exception will be if there is a specific section of LAFOIP that allows the board to refuse to disclose the records; the division will have to cite the specific section when advising the applicant that the request for the record is refused;
• the board has the discretion to refuse to disclose but the board must be able to cite the section that gives it the discretion to refuse to disclose the record and the board must also exercise its discretion in a reasonable manner; and
• the board cannot disclose if there is a specific section of LAFOIP that allows the board to refuse to disclose the records the board will have to cite the specific section when advising the applicant that the request for the record is refused.