TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.100 SUMMARY AND PURPOSE
Section 5001.100 Summary and
Purpose
This Part implements the
provisions of the Freedom of Information Act [5 ILCS 140]. The purpose of this
Part is to support the policy of providing public access to the public records
in the possession of the State Board of Education while, at the same time,
protecting legitimate privacy interests and maintaining administrative
efficiency.
(Source: Amended at 29 Ill.
Reg. 3900, effective February 22, 2005)
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.110 DEFINITIONS
Section 5001.110 Definitions
Terms used in this
Part that are not defined in this Section shall have the same meaning as in the
Freedom of Information Act.
"FOIA"
means the Freedom of Information Act.
"Freedom
of Information Officer" ("FIO") means the individual or his or
her designee within the Agency who is responsible for receiving and responding
to requests for public records.
"Requester"
means a person who submits a request for public records in accordance with this
Part.
"Agency"
means the State Board of Education.
(Source: Amended at 35 Ill.
Reg. 5407, effective March 17, 2011)
SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.200 OFFICE TO WHICH REQUESTS ARE SUBMITTED
Section 5001.200 Office to
Which Requests Are Submitted
a) Requests for public records shall be submitted in writing to
the Freedom of Information Officer of the State Board of Education. Requests may
be submitted by mail at the Freedom of Information Office, Illinois State Board
of Education, 100 North First Street, Springfield, Illinois 62777, ATTN: FOIA
Request; by email to foia@isbe.net; or by facsimile at 217-524-8585.
b) Oral requests for public records shall not be accepted.
(Source: Amended at 35 Ill.
Reg. 5407, effective March 17, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.210 FORM AND CONTENT OF REQUESTS
Section 5001.210 Form and
Content of Requests
A request for public records shall provide the following
information:
a) The requester's full name, address and phone number, except
that a requester who wishes to remain anonymous is not required to submit this
information;
b) A brief description of the public records sought, being as
specific as possible;
c) Whether the request is for inspection of public records,
copies of public records, or both;
d) The
medium and format of the public records sought (i.e., paper, specific
electronic medium);
e) Whether
the request is for a commercial purpose as defined in Section 3.1 of the FOIA;
and
f) Whether the request is a resubmission under Section 8.5 of the
FOIA, to include an explanation of the requester's inability to access the
record online.
(Source: Amended at 39 Ill.
Reg. 2213, effective January 21, 2015)
SUBPART C: PROCEDURES FOR AGENCY RESPONSE TO REQUESTS FOR PUBLIC RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.300 AGENCY RESPONSE
Section 5001.300 Agency
Response
a) The Agency shall respond to a written request for public
records within the timeline provided in Section 3, Section 3.1 or Section 3.6
of the FOIA, as applicable. The timeline shall begin on the day after the
request is received by an Agency employee, regardless of whether the written
request is submitted in accordance with the provisions of Section 5001.200(a)
of this Part. The Agency may avail itself of all extensions of time and
exceptions set forth in the FOIA.
b) If
the request is approved, then the Agency shall:
1) make
available the records;
2) give
notice that the material shall be made available upon payment of any fees
charged pursuant to Section 5001.510 of this Part;
3) give
notice of the time and place for inspection of the materials requested; or
4) provide
the website address where the records may be accessed.
c) If
the request is deemed "voluminous", as defined in Section 2(h) of the
FOIA, then the Agency shall respond in a manner set forth in Section 3.6 of the
FOIA.
d) A
written request from the Agency to the requester for additional information
provided within the timelines specified in Section 3, Section 3.1 or Section
3.6 of the FOIA shall be considered a response to the FOIA request.
e) An
individual or entity whose request for public records has been denied by the
Agency may seek a review of that decision by the Public Access Counselor in
accordance with the provisions of Section 9.5 of the FOIA.
(Source: Amended at 39 Ill.
Reg. 2213, effective January 21, 2015)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.310 TYPES OF RESPONSES (REPEALED)
Section 5001.310 Types of
Responses (Repealed)
(Source: Repealed at 29 Ill.
Reg. 3900, effective February 22, 2005)
SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.400 APPEAL OF A DENIAL (REPEALED)
Section 5001.400 Appeal of a
Denial (Repealed)
(Source: Repealed at 35 Ill.
Reg. 5407, effective March 17, 2011)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.410 SUPERINTENDENT'S RESPONSE TO APPEAL (REPEALED)
Section 5001.410
Superintendent's Response to Appeal (Repealed)
(Source: Repealed at 29 Ill.
Reg. 3900, effective February 22, 2005)
SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTERS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.500 INSPECTION OF RECORDS
Section 5001.500 Inspection
of Records
a) For purposes of this Subpart E, "records" includes
public records other than materials incorporated by reference in the
administrative rules of the State Board of Education.
b) Unless otherwise approved by the Agency, records will be made
available for inspection during normal working hours of the Agency.
c) Documents that the requester wishes to have copied shall be
segregated during the course of the inspection. Unless otherwise approved by
the Agency, all copying shall be done by Agency employees.
d) The inspection of records shall take place at the location
within the office designated by the FIO.
e) An employee of the Agency may be present throughout the
inspection. A requester may be prohibited from bringing bags, brief cases or
other containers into the inspection room.
(Source: Amended at 29 Ill.
Reg. 8503, effective June 2, 2005)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.510 COPIES OF PUBLIC RECORDS; FEES
Section 5001.510 Copies of
Public Records; Fees
a) Copies of public records shall be provided to the requester
only upon payment of any charges that are due.
b) Charges for copies of public records shall be assessed in
accordance with the "Fee Schedule for Duplication of Public Records,"
in Appendix A. Fees for "voluminous" records that are provided in an
electronic format shall be as set forth in Section 6(a-5) of the FOIA.
c) Charges shall be waived if the request is from a State agency,
a constitutional officer, or a member of the General Assembly. Charges shall
not be waived when the records are to be used for political campaign purposes.
Charges may be waived where the Agency determines that the waiver serves the
public interest.
(Source: Amended at 39 Ill. Reg.
15615, effective November 23, 2015)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.520 GENERAL MATERIALS AVAILABLE FROM THE FREEDOM OF INFORMATION OFFICE (REPEALED)
Section 5001.520 General
Materials Available from the Freedom of Information Office (Repealed)
(Source: Repealed at 29 Ill.
Reg. 3900, effective February 22, 2005)
SUBPART F: ACCESS TO MATERIALS INCORPORATED BY REFERENCE IN ADMINISTRATIVE RULES
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.600 INSPECTION OF MATERIALS
Section 5001.600 Inspection
of Materials
a) All
materials incorporated by reference in administrative rules of the State Board
of Education shall be available for inspection at the office of the Agency
Rules Coordinator, 100 North First Street, Springfield, Illinois (telephone
217/782-5270).
b) Inspection
and copying of incorporated materials shall be governed by the procedures
applicable to inspection of other public records pursuant to Subpart E of this
Part.
(Source: Section repealed at
29 Ill. Reg. 3900, effective February 22, 2005; new Section added at 29 Ill.
Reg. 8503, effective June 2, 2005)
Section 5001.APPENDIX A Fee Schedule for Duplication of Public Records
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE F: EDUCATIONAL AGENCIES
CHAPTER I: STATE BOARD OF EDUCATION
PART 5001
ACCESS TO INFORMATION OF THE STATE BOARD OF EDUCATION
UNDER THE FREEDOM OF INFORMATION ACT
SECTION 5001.APPENDIX A FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS
Section 5001.APPENDIX A Fee Schedule for Duplication of Public
Records
|
Type of Duplication
|
Fee
|
|
Paper copy from paper or electronic source, 50 pages or fewer
|
No charge.
|
|
Paper copy from paper or electronic source, 51 pages or more
|
$.15 per page, except that no charge will be assessed if the
total cost is less than $7.50.
|
|
Diskette or CD-ROM
|
No charge.
|
|
Copy of audio or video material
|
The cost of tape, disk, etc.
|
(Source:
Added at 39 Ill. Reg.
15615, effective November 23, 2015)
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