The Commonwealth of Virginia’s Freedom of Information Act (FOIA) is the state law granting access to public records not exempt from disclosure and entry into meetings of public bodies for Citizens of the Commonwealth and representatives of the media.

Public records are all writings and recordings, regardless of whether it is a paper record, an electronic file, an audio or video recording, or any other format that is prepared or owned by, or in the possession of, a public body or its officers, employees, or agents in the transaction of public business. All public records are presumed to be open and may only be withheld if a specific statutory exemption applies.

Excluding exemptions, all meetings of public bodies shall be open to the public. Certain portions of a meeting may be closed pursuant to special statutory authority within FOIA, provided no voting may occur in a closed session, and actions considered must be decided and announced in public. See School Board Bylaw B 2-28.

The FOIA can be found in the Code of Virginia at Title 2.2, Section 3700 through 3714. Citizens may make a request to view records during regular office hours or have copies made for them at a charge that may not exceed the reasonable cost of searching for and copying the records. Records will be made available within five business days unless the person responding to the request writes to the person making the request indicating that more time is needed and why.¹

CPS has designated Mrs. Fallon Graham as its FOIA Officer. Contact Mrs. Graham at Fallon.Graham@cpschools.com, 757-547-5562, or by mail at the School Administration Building, 1421 Kristina Way, Chesapeake, VA, 23320. Mrs. Graham will be pleased to respond to requests and assist a requestor in defining his or her needs.

1. In accordance with Title 2.2-3704.1: A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia.