Freedom of Information Act

Under the Virginia Freedom of Information Act (§ 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 working days. If any records are withheld or redacted, FCPS1 will provide a written explanation citing the applicable legal exemption under the Code of Virginia.

If you believe your FOIA rights have been violated, you may file a petition in General District Court or Circuit Court to compel compliance. You may also request a nonbinding advisory opinion from the Virginia FOIA Council.

All requests for public records under the Virginia Freedom of Information Act should be submitted through the FCPS1 CivicPlus FOIA Portal.

Access the FCPS1 CivicPlus FOIA Portal

The portal allows requesters to submit requests, communicate with FCPS1 staff, receive records electronically, review request status updates, and access completed requests when available.

FCPS1 has designated a FOIA Compliance Officer pursuant to Virginia Code § 2.2-3704.2:

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

If you require assistance using the CivicPlus FOIA Portal or need an accommodation to submit a request, please contact the FOIA Compliance Officer.

To help us locate records efficiently, please describe the records you are seeking as specifically as possible and indicate your preferred format for receiving responsive records when applicable.

FCPS1 is committed to providing equal access to information and services. Individuals who need assistance accessing or using the CivicPlus FOIA Portal, or who require a reasonable accommodation due to a disability, should contact the FOIA Compliance Officer at foia@fcps1.org.

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

• Provide the requested records in full if they are available and not exempt from disclosure.
• Withhold records that are exempt from disclosure and provide a written explanation identifying the volume and subject matter of the withheld records, along with the applicable exemption under the Code of Virginia.
• Provide records with necessary redactions and explain the legal basis for those redactions.
• Notify you if the requested records cannot be found or do not exist. If another public body maintains the records, FCPS1 will provide contact information if known.
• Inform you in writing if an extension of up to seven additional working days is necessary and explain the reason for the extension.

For requests involving an unusually large volume of records that cannot reasonably be completed within the statutory timeframe without disrupting FCPS1 operations, FCPS1 may seek additional time as permitted by law. Whenever practical, FCPS1 will work with requesters to narrow or modify requests before pursuing a court-approved extension.

FCPS1 maintains a variety of public records, including records relating to the administration and operation of the school division. Some records, such as personnel records and student scholastic records, may be subject to privacy protections and exemptions under state and federal law.

The following are examples of exemptions that may apply under the Virginia Freedom of Information Act. This list is not exhaustive. For a complete list of exemptions, refer to Chapter 37 of Title 2.2 of the Code of Virginia.

• Requester eligibility provisions under § 2.2-3704(A).
• Personnel records concerning 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 investigations (§ 2.2-3705.1(3)).
• Appraisals and cost estimates related to proposed real estate transactions (§ 2.2-3705.1(8)).
• Records related to contract negotiations before 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 containing personally identifiable student information (§ 2.2-3705.4(1)).

Exemptions exist to protect important public interests, including personal privacy, legal privileges, and the integrity of governmental operations. FCPS1 reviews each request individually and applies exemptions when permitted or required by law.

Under the Virginia Freedom of Information Act, FCPS1 may charge the actual costs incurred in responding to a FOIA request. Charges may include staff time spent searching for, reviewing, redacting, and preparing records, as well as copying and mailing costs.

• Staff Time: The first 15 minutes of staff time is provided at no cost. Additional time is billed in 15-minute increments based on the hourly rate of the employee performing the work.
• Printed Copies: Black-and-white copies are charged at $0.10 per page after the first five pages.
• Other Costs: Actual costs for items such as flash drives, postage, or other media may be charged when applicable.

Estimates and Deposits

• If the estimated cost exceeds $30, or if requested by the requester, FCPS1 will provide a written cost estimate before proceeding.
• If the estimated cost exceeds $200, FCPS1 may require a deposit of up to the full estimated amount before continuing work. The statutory response period will be suspended until the deposit is received. Any deposit paid will be credited toward the final cost.

Unpaid Balances

If charges from a previous FOIA request remain unpaid for more than 30 days, FCPS1 may decline to process subsequent requests until the outstanding balance has been paid.

Payment

Checks should be made payable to Fauquier County Public Schools.

If you believe your FOIA request has been improperly denied or otherwise mishandled, you may file a petition with the General District Court or Circuit Court to compel compliance with the Virginia Freedom of Information Act.

You may also request a nonbinding advisory opinion from the Virginia Freedom of Information Advisory Council, which provides guidance and assistance in resolving FOIA-related disputes.

Visit the Virginia FOIA Advisory Council Website.

Fauquier County Public Schools' FOIA policy governs how the division receives, manages, and responds to requests in compliance with Virginia law.

• FCPS1 FOIA Policy: Access to School Board Records 2-2.1
• FCPS1 FOIA Regulation: Access to School Board Records 2-2.1(A)