September 22, 2022

Dear Ms. Whitehead,

This correspondence is being sent in response to the Open Public Records Act (“OPRA”) request you submitted to Ridgewood Public Schools. As the official Records Custodian, I received this request on September 22, 2022. As such, the seven (7) business day deadline to respond to your request is October 3, 2022. I will be sending a response to your request within this deadline.

If your request for access to a government record has been denied or unfilled within the seven business days required by law, you have a right to challenge the Board’s decision to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the GRC by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at (866)-850-0511, by mail at P.O. Box 819, Trenton, New Jersey, 08625, by e-mail at [email address], or at their website at www.state.nj.us/grc. The Council can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Sincerely,

Scott T. Bisig, M.Ed.
Business Administrator/Board Secretary
Ridgewood Public Schools

Dear Ms. Whitehead,

The Ridgewood Public Schools received your Open Public Records Act (OPRA) request on September 22, 2022. As such, the seven (7) business day deadline to respond to your request is October 3, 2022. This response to your request is being provided to you on the 7th business day after the custodian’s receipt of said request.

Your OPRA request sought access to the following:
Records requested:

1. The number of current unfilled aide positions (general and ABA certified)
2. Current enrollment in each classroom for each elementary school
3. Base aide pay for all categories of aide positions
4. Base substitute pay for all categories of substitute positions
5. Superintendent exit report for Dr. Gorman and Dr. Fishbein
6. Any categorical budget shortfalls for the 2021-2022 school year
7. Any budget categories within the 2021-2022 school year that didn't use the full amount allotted and amount not used.

Questions #1, #2, #6 and #7 seek information or ask questions and do not identify specific government records. As such, those requests are invalid OPRA requests and are denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request.

Questions 3 and 4 are publicly available on our board agendas. For your reference, base aide pay is as follows: Instructional General Aides/ Instructional Special Education Aides (less than 60 credits) - $17.50 , Instructional General Aides/ Instructional Special Education Aides Non-Certified (60+ credits) - $19.25, Non-Certified ABA aides - $22.19, Certified ABA - $25.64 , STEPSS Job Coach Special Education Aides - $27.00. Base substitute pay is as follows: Per diem subs - $150 for days 1-5, $185 day 6 and up to day 20 in the same assignment; Sub Secretary - $15.62 for days 1-5, $21.25 day 6 and up to day 20 in the same assignment; Sub Nurse - $200 per diem.

For request #5, there are no responsive records.

If your request for access to a government record has been denied or unfilled within the seven business days required by law, you have a right to challenge the Board’s decision to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the GRC by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at (866)-850-0511, by mail at P.O. Box 819, Trenton, New Jersey, 08625, by e-mail at [email address], or at their website at www.state.nj.us/grc. The Council can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Sincerely,

Scott T. Bisig, M.Ed.
Business Administrator/Board Secretary
Ridgewood Public Schools