DC Public Charter School Board

Procedures For Implementing the D.C. Freedom of Information Act

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This document contains procedures to be followed by the Public Charter School Board (PCSB)
in implementing the District of Columbias Freedom of Information Act of 1976 (D.C. Code 2-
531 et seq.) (the Act). The policy of the PCSB is one of full and complete disclosure of
information consistent with the provisions of the Act. All public records not exempt from
disclosure shall be made available.
RESPONSIBILITY. The responsibility for responding to requests for public records of the
PCSB is vested in the Public Affairs Manager under the supervision of the Executive Director.
REQUESTS FOR RECORDS. A request for a public record may be made orally or in writing.
Written requests should be directed to the Public Affairs Manager. Although oral requests may
be honored, a requester may be asked to submit in writing either a request for public records not
customarily made available or a request which requires greater clarity in order for a response to
be made.
A request should reasonably describe the desired public record and the form and format in which
the person would like the record. Where possible, specific information regarding dates, files,
titles, file designation, or other identifying information shall be supplied.
Where the information supplied by the requester is not sufficient to permit the identification and
location of the public record without an unreasonable amount of effort, the requester shall be
contacted and asked to supply the necessary information. Every reasonable effort shall be made
by the PCSB to assist in the identification and location of requested public records.
TIME LIMITATIONS. The PCSB, upon request reasonably describing a public record in its
possession, shall within fifteen days (excluding Saturdays, Sundays, and legal public holidays) of
the receipt of the request either make the requested public record available or notify the requester
of its determination not to make the requested public record available.
In unusual circumstances, the time limitation may be extended by written notice to the requester
setting forth the reasons for the extension and expected date for determination. Such extension
shall not exceed ten days (excluding Saturdays, Sundays, and legal public holidays). Unusual
circumstances means, but only to the extent necessary to the proper processing of the request,
either of the following:
a) The need to search for, collect, and appropriately examine a voluminous amount of
separate and distinct records which are demanded in a single request; or
b) The need for consultation with another public agency having a substantial interest in the
determination of the request.
If no determination has been sent at the end of the fifteen-day period, or the extension thereof,
the requester may deem his or her request denied, and exercise a right to appeal.
RESPONSES TO REQUESTS. When a requested public record has been identified and is
available, the PCSB shall notify the requester as to where and when the record is available for
DC Public Charter School Board
Procedures For Implementing the D.C. Freedom of Information Act

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inspection or when copies will be available. The notification shall also advise the requester of
any applicable fees.
A response denying a written request for a public record shall be in writing and shall include the
following information:
(a) The specific reason for the denial;
(b) The identity of each person responsible for the decision to deny the request; and
(c) Notification of any administrative or judicial right to appeal under D.C. Code 2-
537.
The PCSB shall maintain a file of all letters of denial of requests, which shall be made available
to any person on request for purposes of inspection and/or copying.
EXEMPTIONS. The following matters may be exempt from disclosure by the PCSB:
a) Trade secrets and commercial or financial information obtained from outside the
government, to the extent that disclosure would result in substantial harm to the
competitive position of the person from whom the information was obtained;
b) Information of a personal nature where the public disclosure thereof would constitute a
clearly unwarranted invasion of personal privacy;
c) Investigatory records compiled for law-enforcement purposes, but only to the extent that
the production of those records would:
1) Interfere with enforcement proceedings, council investigations, or Office of
Police Complaints ongoing investigations;
2) Deprive a person of a right to a fair trial or an impartial adjudication;
3) Constitute an unwarranted invasion of personal privacy;
4) Disclose the identity of a confidential source;
5) Disclose investigative techniques and procedures not generally known outside the
government; or
6) Endanger the life or physical safety of law enforcement personnel;
d) Inter-agency or intra-agency memoranda or letters which would not be available by law
(including documents subject to the attorney-client or attorney work product privilege);
e) Test questions and answers to be used in future license, employment, or academic
examinations, but not previously administered examinations or answers to questions
thereon;
DC Public Charter School Board
Procedures For Implementing the D.C. Freedom of Information Act

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f) Information specifically exempted from disclosure by statute, provided that the statute
does one of the following:
1) Requires that the matters be withheld from the public in such a manner as to leave
no discretion on the issue; or
2) Establishes particular criteria for withholding or refers to particular types of
matters to be withheld;
g) Information specifically authorized by Federal law under criteria established by a
presidential executive order to be kept secret in the interest of national defense or foreign
policy which is in fact properly classified pursuant to that Executive Order;
h) Information exempted from disclosure by 28-4505 (information exempted under
subpoena and discovery standards in restraint of trade cases);
i) Information disclosed pursuant to 5-417 (information related to arson reports);
j) Any specific response plan and any specific vulnerability assessment, either of which is
intended to prevent or to mitigate an act of terrorism;
k) Information exempt from disclosure by 47-2851.06 (D.C. general license laws);
l) Information, the disclosure of which would reveal the name of an employee providing
information under D.C.s whistleblower statute;
m) Information exempt from disclosure by 7-2271.04 (proceedings before the District of
Columbia Homeland Security Commission); and
n) Information in criminal records that is ordered sealed and restricted.
Any reasonably segregable portion of a public record shall be provided to any person requesting
such record after deletion of those portions which are exempt under this section. In each case,
the justification for the deletion shall be explained fully in writing.
FEES. The PCSB may establish and collect fees not to exceed the actual cost of searching for,
reviewing, and making copies of records (including electronic copies). Documents may be
furnished without charge or at a reduced rate when the PCSB determines it is appropriate given
the benefit to the general public.
No fees shall be charged for examination and review by the PCSB to determine whether a record
is subject to disclosure.
REVIEW OF DENIALS. When a request for a public record has been denied in whole or in
part by the PCSB, the requester may appeal the denial to the Mayor. An appeal to the Mayor
shall be in writing, and shall include a statement of the circumstances, reasons or arguments
advanced in support of disclosure within ten days (excluding Saturdays, Sundays, and legal
public holidays) of the submission of the petition.
DC Public Charter School Board
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RECORDS MAINTAINED. The PCSB shall make and maintain records pertaining to each
request for information, including copies of correspondence.
The PCSB shall also maintain records permitting annual reporting of the following information:
a) The number of requests for public records received by the PCSB and the number of
requests processed;
b) The number of determinations made by the PCSB not to comply with the requests for
public records made and the reasons for each determination;
c) The number of requests for public records pending before the PCSB as of September 30
of the preceding year, and the median number of days that the requests had been pending
before the PCSB as of that date;
d) The total amount of fees collected by the PCSB for processing requests, and
e) The number of hours that PCSB staff devoted to processing requests for public records,
and the total amount expended by the PCSB for processing these requests.
DC1:428915.2