Skip To Main Content

Freedom of Information Act

Notice of Revision
Effective August 2025, the Charges section of the Fauquier County Public Schools FOIA webpage has been revised to better align with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), FCPS1 School Board Policy, and to clarify procedures regarding the assessment and collection of fees. Requesters are encouraged to review the updated provisions carefully, as they govern the calculation of costs and requirements for deposits prior to processing.

At Fauquier County Public Schools (FCPS1), we are committed to transparency and supporting our community. The Virginia Freedom of Information Act (FOIA) provides you the right to request and receive public records maintained by FCPS1. Whether you are a citizen or a member of the media, we are here to help you understand your rights and guide you through the process.

Your FOIA Rights

Under Virginia FOIA (§ 2.2-3700 et seq.), you have the right to inspect or receive copies of public records that are not exempt from disclosure. You may also request an estimate of any charges associated with your request before work begins. FCPS1 is required to respond to your request within five business days. If any records are withheld or redacted, we will provide you with a written explanation citing the legal basis for the exemption.

If you believe your FOIA rights have been violated, you may file a petition in district or circuit court to compel compliance. Alternatively, you can seek a nonbinding advisory opinion from the Virginia FOIA Council.

Making a Request for Records from FCPS1

All requests for official public records under the Virginia Freedom of Information Act must be directed to FCPS1’s FOIA Compliance Officer, who has been designated pursuant to Va. Code § 2.2-3704.A.2.

FOIA Officer
Fauquier County Public Schools
320 Hospital Drive, Suite 40
Warrenton, VA 20186
Email: foia@fcps1.org
 

Requests may be submitted by U.S. mail, email, in person, or by phone. While a verbal request is permitted, we recommend submitting your request in writing to help clarify the records sought and expedite the response. Written requests should be dated and include a reasonably specific description of the documents you are seeking so we can locate them efficiently. Please include your full name and legal address, and indicate your preferred format for receiving the records (electronic or paper).

Our Responsibilities Responding to Your Request

Upon receiving your FOIA request, FCPS1 will respond within five working days (excluding weekends, holidays, and days the division is closed). Within this timeframe, we will:

  • Provide the requested records in full if available and non-exempt.
  • Withhold all records if they are entirely exempt, explaining in writing the volume and subject of withheld records along with the specific Code of Virginia section authorizing the exemption.
  • Provide records with redactions if only portions are exempt, accompanied by a written explanation citing the relevant legal provisions.
  • Notify you in writing if the requested records cannot be found or do not exist. If another public body holds the records, we will provide that contact information.
  • Inform you in writing if additional time is necessary (up to seven extra working days), explaining the reasons for the delay.

In cases of very large requests that cannot be fulfilled within 12 working days without disruption, FCPS1 may petition the court for more time. However, we will make reasonable efforts to work with you to adjust the scope or production schedule before seeking a court order.

Records Maintained by FCPS1

FCPS1 holds various public records including personnel records concerning employees and officials of the school division and scholastic records of students attending FCPS1 schools (subject to privacy protections).

If you are unsure whether FCPS1 maintains the records you seek, please contact the FOIA Office at foia@fcps1.org for assistance.

Commonly Used Exemptions

The following are some of the most frequently invoked exemptions under the Code of Virginia (this list is not exhaustive; see Chapter 37 of the Code of Virginia for all exemptions):

  • Requests from individuals who are not Virginia citizens or representatives of the media (§ 2.2-3704.A).
  • Personnel records about identifiable individuals, except the subject of those records (§ 2.2-3705.1(1)).
  • Records protected by attorney-client privilege (§ 2.2-3705.1(2)).
  • Attorney work product related to litigation or active investigations (§ 2.2-3705.1(3)).
  • Appraisals and cost estimates for proposed real estate transactions (§ 2.2-3705.1(8)).
  • Records related to contract negotiations prior to award (§ 2.2-3705.1(12)).
  • Financial account numbers and routing information (§ 2.2-3705.1(13)).
  • Proprietary business information submitted under confidentiality agreements (§ 2.2-3705.6(3)).
  • Scholastic records with personally identifiable student information (§ 2.2-3705.4(1)).

Policy Regarding Use of Exemptions

Exemptions exist to protect vital public interests such as privacy and negotiation positions. FCPS1’s general practice is to invoke all applicable exemptions in response to requests to ensure consistent treatment for all requesters.

Charges

Under the Virginia Freedom of Information Act (FOIA) (§ 2.2-3700 et seq.), Fauquier County Public Schools (FCPS1) may charge for the costs of responding to a FOIA request. These costs may include staff time to search, review, redact, and prepare records, as well as expenses for copying and mailing.

  • Staff Time: The first 15 minutes of staff time is provided at no cost. After that, time is billed in 15-minute increments based on the hourly rate of the staff member doing the work.

  • Copies: Black-and-white copies are $0.10 per page after the first five pages.

  • Other Costs: If your request requires items such as flash drives, postage, or other media, you will be billed the actual cost.

Estimates and Deposits

  • If the estimated cost is more than $30, or if you request it, FCPS1 will provide a written cost estimate before moving forward.

  • If the estimate is more than $200, FCPS1 may require a deposit (up to the full estimated cost) before continuing work. The five-business-day response period required by FOIA will pause until we receive the deposit. The deposit will be credited toward your final bill.

Unpaid Balances
If charges from a previous FOIA request remain unpaid for more than 30 days, FCPS1 will not process new requests until the balance is paid.

Payment
Checks should be made payable to Fauquier County Public Schools.

Appeals and Additional Resources

If you believe your FOIA request has been improperly denied, or you are otherwise dissatisfied with the handling of your request, you have the right to appeal. You may file a petition with the General District or Circuit Court to compel compliance with FOIA. 

Alternatively, before pursuing legal action, you can request a nonbinding advisory opinion from the Virginia Freedom of Information Advisory Council. The Council reviews complaints and provides guidance to help resolve disputes related to FOIA requests.

Learn more and submit questions or complaints through the Virginia FOIA Advisory Council's website.

FCPS1 FOIA Policy

Fauquier County Public Schools’ FOIA policy governs how we manage, respond to, and process FOIA requests in compliance with state law. 

For questions or assistance, please contact the FCPS1 FOIA Officer at foia@fcps1.org.

How to Request Information Informally

For quick questions or routine information, citizens and media representatives are encouraged to submit informal requests directly to FCPS1’s Communications Department. These informal inquiries are handled promptly but are not formal FOIA requests and do not carry the same legal requirements or timelines.

Informal Information Request Form