Records of the Guarin case that were voted on at the Sept 15 BOE meeting.
Dear Toms River School District,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Guarin Case Records Voted on during Sept 15 board meeting
Yours faithfully,
Transparency Please
Good morning Mr. Trump,
The Toms River Regional School District ("District") received your Open
Public Records Act (OPRA) request dated today, September 24, 2021. The
official Custodian of Records received your OPRA request today, September
24, 2021. As such, the seven (7) business day deadline to respond to your
request is October 5, 2021.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt from
disclosure under applicable law. These materials are intended only for the
use of the intended recipient. If you are not the intended recipient of
this transmission, you are hereby notified that any distribution,
disclosure, printing, copying, storage, modification or the taking of any
action in reliance upon this transmission is strictly prohibited. Delivery
of this message to any person other than the intended recipient shall not
compromise or waive such confidentiality, privilege or exemption from
disclosure as to this communication.
Good morning Mr. Trump,
The Toms River Regional School District ("District") received your Open
Public Records Act (OPRA) request dated September 24, 2021. The official
Custodian of Records received your OPRA request on September 24, 2021. As
such, the seven (7) business day deadline to respond to your request is
today, October 5, 2021. This response to your request is being provided
to you on the 7th business day after the custodian's receipt of said
request.
Records Requested:
Guarin Case Records Voted on during Sept 15 board meeting
Please find attached Verified Complaint with redaction sheet, as well as
the Answer of Respondent.
We have neither provided the Position Statement nor the attendant Exhibits
as same are considered exempted records pursuant to the Family Educational
Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) as the
Statement and Exhibits contain educational records. Further, the
Statement and Exhibits have been withheld pursuant to the New Jersey Open
Public Records Act (N.J.S.A. 47:1A-1 et seq.) as the Statement and
Exhibits contain information that if disclosed would violate a citizen’s
reasonable expectation of privacy as well as personal identifying
information. FERPA is a Federal law that protects the privacy of student
education records. The law applies to all schools that receive funds under
an applicable program of the U.S. Department of Education.
Moreover, N.J.S.A. 47:1A-9 upholds exemptions contained in other State or
federal statutes and regulations, Executive Orders of the Governor, Rules
of Court, Constitution of this State, or judicial case law. “The
provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al.), shall not
abrogate any exemption of a public record or government record from public
access heretofore made pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.); any
other statute; resolution of either or both Houses of the Legislature;
regulation promulgated under the authority of any statute or Executive
Order of the Governor; Rules of Court; any federal law; federal
regulation; or federal order. The provisions of this act, P.L.2001, c.404
(C.47:1A-5 et al.), shall not abrogate or erode any executive or
legislative privilege or grant of confidentiality heretofore established
or recognized by the Constitution of this State, statute, court rule or
judicial case law, which privilege or grant of confidentiality may duly be
claimed to restrict public access to a public record or government
record.” N.J.S.A. 47:1A-9. Pursuant to N.J.S.A. 47:1A-1 and Burnett v.
Cnty. of Bergen, 198 N.J. 408 (2009) a public agency has a responsibility
and an obligation to safeguard from public access a citizen's personal
information with which it has been entrusted when disclosure thereof would
violate the citizen's reasonable expectation of privacy.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt from
disclosure under applicable law. These materials are intended only for the
use of the intended recipient. If you are not the intended recipient of
this transmission, you are hereby notified that any distribution,
disclosure, printing, copying, storage, modification or the taking of any
action in reliance upon this transmission is strictly prohibited. Delivery
of this message to any person other than the intended recipient shall not
compromise or waive such confidentiality, privilege or exemption from
disclosure as to this communication.