Customer Name:
Polly Ascher
| Please produce in PDF form the results of the anonymous survey that the science teachers at Hinsdale Central and/or HInsdale South comlpleted between October 1| 2019 and November 14| 2019. They survey was referenced by board president Pollack and board member Chval during the November 14| 2019 BOE meeting |
Response:
| Your request is denied. The survey results and related documentation are exempt under FOIA Section 7(1)(f)| which exempts “[p]reliminary drafts| notes| recommendations| memoranda and other records in which opinions are expressed| or policies or actions are formulated| except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body.” 5 ILCS 140/7(1)(f); see also 5 ILCS 140/7(1)(c); Harwood v. McDonough| 344 Ill. App. 3d 242 (1st Dist. 2003). Citing the need to encourage survey respondents to provide frank and open feedback| as well as to prevent public bodies from being discouraged to solicit such feedback| the Illinois Attorney General’s office has repeatedly found that school district survey results are covered by the exemption at Section 7(1)(f). See| e.g.| 2010 PAC 6961 (comments on school district climate survey were exempt); 2010 PAC 9980 (parent surveys regarding student athletics were exempt); 2011 PAC 11835 (results of special education parent survey were exempt); 2011 PAC 13448 (employee opinion survey results were exempt); 2011 PAC 14058 (survey comments were exempt); 2011 PAC 14928 (climate survey responses from parents were exempt); 2012 PAC 20492 (survey raw data results were exempt); 2016 PAC 44309 and 2016 PAC 44311 (survey takers’ opinions and raw data were exempt because the responses were used in the District’s decision-making process); 2017 PAC 50257 (survey raw data and comments from members of the public gathered by a school district were exempt| notwithstanding the district’s publication of general summaries of the survey information| where those specific data and comments were not publicly cited and identified); 2018 PAC 53747 (community survey raw data was exempt). In this case| while Board member Chval did refer to the survey results in general terms at the November 14| 2019| meeting| the Board President did not refer to the survey at all (let alone publicly cite or identify it)| and she is the head of the public body for purposes of FOIA. See Board Policy 2:110; https: //vimeo.com/user9373008/videos. Thus| the survey results are exempt. You have a right to have the District’s response to your request reviewed by the Public Access Counselor (PAC) at the Office of the Attorney General. 5 ILCS 140/9.5(a). You can file your Request for Review with the PAC by writing to: ?Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield| Illinois 62706 Fax: 217-782-1396 Email: [email protected]. il.us ?If you choose to file a Request for Review with the PAC| you must do so within 60 days of the date of this letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this letter when filing a Request for Review with the PAC. You also have the right to seek judicial review of any denial by filing a lawsuit in the State circuit court. 5 ILCS 140/11. ?As the District’s FOIA Officer| I am responsible for the District’s response to your request. If I have misunderstood your request in any way| please clarify your request in writing to me. Sincerely| FOIA Officer |