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FOIA Response-Schelkopf 5.30.13

FOIA Response-Schelkopf 5.30.13

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Published by: kcchronicle on May 30, 2013
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May 30, 2013 Eric Schelkopf Via Email eschelkopf@shawmedia.com Dear Mr.

Schelkopf: On May 29, 2013, you submitted a Freedom of Information request to the District 101 Freedom of Information Officer. Your request seeks copies of the following: 1. 2. “a copy of the Bataiva High School Social-Emotional Survey that Batavia High School students took in April 2013” “a copy of the notice of remediation that was authorized by the Batavia School Board on May 28 for Batavia High School teacher John Dryden”

In response to request #1, your request is denied pursuant to Section 7(1)(a) and 7(1)(g) of the Illinois Freedom of Information Act. Section 7(1)(a) is applicable because the survey instrument itself was purchased from MultiHealth Systems, Inc., which holds the copyright to the survey instrument. We do not have permission from MultiHealth Systems, Inc., to reproduce or distribute their survey instrument, and doing so without permission violates federal copyright law. Section 7(1)(g) is applicable because the survey contains proprietary commercial trade secret information. According to Multi-Health Systems, Inc., disclosure of the survey instrument could render the instrument invalid and that “[a]ny leakage of test items severely compromises the value of t he tests. The test publishing industry considers test materials to be confidential information and trade secrets and protects these accordingly. Release of such material will compromise the validity and utility of the tests with resulting negative impact on the health of Americans, lead to the violation of purchase agreements, and violate MHS’ intellectual property rights.” (See attached publication from MHS.) In response to request #2, attached with this correspondence is a copy of the Notice to Remedy that was approved by the Batavia Public School Board District 101 on May 28, 2013. You have the right to appeal this decision to the President of the Board of Education. Under the Illinois Freedom of Information Act, the President will make a decision either to affirm the denial of disclosure or allow disclosure within seven working days after you file a written request. You also have the right to have this decision reviewed by the Public Access Counselor of the Illinois Attorney General, whose contact information is: Sarah Pratt Acting Public Access Counselor, Office of the Attorney General 500 S. 2nd Street Springfield, Illinois 62706 Phone: 1-877-299-3642 Sincerely, Dr. Brad Newkirk, Ed.D. Chief Academic Officer FOIA Officer

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