Virginia Freedom of Information Act (FOIA)

Virginia Freedom of Information Act (FOIA)

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FOIA Requests

FOIA Costs

  1. You may have to pay for the records that you request from Richmond Public Schools. FOIA allows us to charge for the actual costs of responding to FOIA requests. This would include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records. It cannot include general overhead costs.
  2. If we estimate that it will cost more than $200 to respond to your request, we may require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The five days that we have to respond to your request does not include the time between when we ask for a deposit and when you respond.
  3. You may request that we estimate in advance the charges for supplying the records that you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.
  4. If you owe us money from a previous FOIA request that has remained unpaid for more than 30 days, Richmond Public Schools may require payment of the past due bill before it will respond to your new FOIA request.

The Virginia Freedom Of Information Act (FOIA) Fee Schedule

As provided by Section 2.2-3704(F) of the Code of Virginia of 1950, as amended, "a public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records."

Section 2.2-3704(H) of the Code of Virginia of 1950, as amended, provides in pertinent part that:

  • In any case where a public body determines in advance that charges for producing the requested records are likely to exceed $200, the public body may, before continuing to process the request, require the requester to agree to payment of a deposit not to exceed the amount of the advance determination. The deposit shall be credited toward the final cost of supplying the requested records.

In an effort to apprise the public of the charges associated with supplying records requested pursuant to FOIA, Richmond Public Schools (RPS) provides the following itemization of charges:

  • The hourly rate of the employee(s) responsible for accessing, duplicating, supplying, or searching for the requested records multiplied by the length of time required to process the request will be assessed.
  • If copies of records are requested, a cost of one cent per page will be assessed. This duplication cost is in addition to the hourly rate of the employee(s) responsible for duplicating the requested records.
  • If copies of audio CDs or are requested, a cost of thirty-five cents per CD will be assessed. This cost is in addition to the hourly rate of the employee(s) responsible for duplicating the requested records.
  • As stated above, when the estimated advance determination of charges exceeds $200, a deposit will be required in an amount equal to half of the total amount of the estimated advance determination of charges. The deposit will be credited toward the final cost of supplying the requested records. RPS will not continue processing a request for records until RPS receives a response from the requester indicating his/her acceptance of such charges and remittance of the deposit.

Upon request, RPS will estimate in advance the charges for supplying the requested records. A final itemized statement of actual costs assessed will be provided upon completion of processing the request for records.

As provided by Section 2.2-3704(I) of the Code of Virginia of 1950, as amended, before processing a request for records, RPS may require a requester to pay any amounts owed to RPS for previous requests for records that remain unpaid 30 days or more after receipt of the final itemized statement of actual costs. All payments due under this fee schedule shall be sent to the attention of the Clerk of the School Board at 301 North Ninth Street, 17th Floor, Richmond, Virginia 23219. Checks and money orders shall be made payable to Richmond Public Schools.

RPS reserves the right to amend or supplement this fee schedule as necessary in accordance with the applicable law.

Please contact the Clerk of the School Board at (804) 780-7716 with any questions or concerns regarding this fee schedule. Questions may also be submitted to the Clerk in writing at the above-listed address.

The Virginia Freedom of Information Act is codified at Sections 2.2-3700 through 2.2-3714 of the Code of Virginia of 1950, as amended.

Effective: March 1, 2010

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