Prince William schools suspend responses to Freedom of Information Act requests

Anyone can file a Freedom of Information Act (FOIA) request.

While it is often used as a tool for reporters looking to obtain documents from governing bodies and government offices, residents, business owners, and non-profit organizations also file FOIA requests to obtain information from the local, state, and federal governments.

Under Virginia law, the government agency that receives the FOIA request has five days to either produce the record or document you seek, to withhold it under more than 100 cited exceptions, give you part of the record, or tell you it needs more time — up to seven working days — to produce the record.

In Prince William County, things have changed as the county’s school division says it has temporarily suspended all FOIA requests following Virginia Gov. Ralph Northam’s emergency declaration on March 12.

In an email sent after this story was first published, Prince William County Public Schools spokeswoman Diana Gulotta says the school division is still responding to FOIA requests but needs additional time to process the order.

Prince William County Public Schools spokeswoman Diana Gulotta tells Potomac Local News:

Due to the state of emergency declared by the Governor of Virginia and the related closure of the Prince William County Public Schools, including its administrative offices, PWCS is unable to process your FOIA request.

Please consider this the Division’s response pursuant to Virginia Code § 2.2-3704 (B) (4), inasmuch as these extraordinary conditions do not make it practically possible to provide the requested records or determine whether they are available until such time as PWCS reopens and the personnel and requested records, if available, become accessible to this office.

Northam ordered all public schools across the state closed on March 13 in response to the coronavirus outbreak.

Virginia Coalition for Open Government Director Megan Rhyne says there are FOIA exemptions for attending emergency public meetings held electronically, such as last night’s Prince William County School Board meeting held via online video chat, which was open to the public.

Fairfax County schools have made similar polices about FOIA in recent days, she adds.

“The rationale seems to be — at least for Fairfax — that the schools are closed, so FOIA can’t be done. But schools are only closed to students. Staff — some, at least — are still working, albeit from home. Fairfax County, by contrast, has told me that they haven’t cut back on FOIA at all,” said Rhyne.

Potomac Local News learned of Prince William County Public School’s temporary suspension of FOIA responses today after we asked to see a $6.4 million purchase order for more than 15,000 new laptops that will be given to high school students, and a resolution from the School Board authorizing the purchase.

The School Board announced the purchase last night at its emergency meeting.

While the school division has yet to produce the purchase order or the resolution, it did, however, provide Potomac Local News with additional information about the bulk laptop purchase.

Schools spokeswoman Diana Gulotta states:

“We have 27,000 high school students – our first priority is to get technology to every high schooler who might need it, focused on students who have no technology at home…we will use the purchase of the approximately 15,500 devices to supplement that. The cost is $6.4 million.

This includes the install of software on the devices, setting them up on PWCS accounts, inventory and delivery. Approximately $2.5 million came from an already planned laptop purchase, and the additional came from other Division funds.

If we are able to fulfill the need at High School we will work down through other grades as much as possible, especially if additional funds are provided by the County. PWCS has 91,500+ students. The number of families with no technology is currently unknown, and again we will work to contact all families in their home language to determine need.

This purchase was made through a master agreement previously approved by the School Board.