IM) 28, oe ITHACA PUBLIC SCHOOLS eae TIO N. UNION ST, ITHACA, MICHIGAN 48047 May 10,2018 Sean Bcadley Reporter, The Morning Sun 311 E Superior st. ‘Alma Mi 48801 RE: FOIA Request Dear Mr. Bradley: (on Wesnesday, May 9, 2018, you emaled FOIA request tothe ithaca School District for “any and all notes either handwritten or electronic including ems, and videos, photos, reports and all other information related to an incent on May 2, 20:8 where students reported to staf that they witnessed ‘saeing two items that looked like weapons inthe possession of another student." ‘The District is denying this request because the disclosure ofthe documents, videos, photos, and reports ‘ould volte the Family Educational Rights and Privacy Act ("FERPA"), which prohibits the dsclosure of ‘personally identifiable student information. Section 13(2) of FOIA states that a “public body shal exempt com disclosure information that, if released, would prevent te public body from cormplying with” ERA, lease contact me if you have further questions regarding this matter. Your appeal rights are stated below. OO ee (Charmin Fetcher Superintendent [RIGHT TO APPEAL DISCLOSURE DENIAL ANO RECOVER ATTORNEYS FEES AND COSTS a public body makes a final determination to deny allora portion ofa FOIA request, the requesting person may do one of the folowing at his or her option:(2) Submit tothe “head ofthe public body (the Schoo! Board) a written appesl that specifically states the word “appeat” and identies the reason or reasons for reversal ofthe disclosure denial; or (2) Commence an action in the circuit court to compel the public body's dscosure ofthe public records Ifa person asserting the right to inspect, copy, or receve a copy af all ora portion of a public record prevails in an action commenced under section 10 ofthe FOIA, the court shall award reasonable attomeys' fees, costs, and disbursement. Ifthe person or public body prevails in part, the court may, in its discretion, awardall or an appropiate portion of reasonable attorneys! fees, costs, and disbursements. The award shall be assessed against the public body ible for damages that kept or maintained the pubic record as art of its public function, ifthe ekcult cour determines in an ation commenced under section 10 ofthe FIA tat the School District arbitrary and capricious violated the FOIA by refusal or delay in disclosing or providing copies ‘ofa pubic record, or that the Schoo District wilfully and intentional fled to comply withthe FOIA or ‘otherwise acted in bad flth, the cour shall ward, in addition to any actual or compensatory damages, punitive damagesas prescribed in the FOIA tothe person seeking the right to inspect or receive 9 copy of public record. The damages shall not be assessed against anindvidval, bt shal be assessed against the next succeeding public body that is nat an individual nd that ket or maintained the pubic cord as partof its public function. ‘A ull explanation of your right to seek either appeal or judicial review s set frthn Section 10 ofthe FOIA, MCL 15.240,