Various requests for public records from your school district
Dear Northern Burlington County Regional School District,
In accordance with the New Jersey open public records Act, we hereby request for response to the following request hold
1) Please provide documents indicating the total number of students enrolled in all public schools and charter schools in your District for the 2022-2023 school year;
2) Please provide documents indicating the total number of students whose parents have availed themselves of the opt-out provisions of N.J.S.A.18A:35-4.7 and opted their child out of all or a portion of the 2020 NJSLS-CHPE mandate or curriculum promulgated in accordance thereto for the 2022-2023 school year. Please provide documents indicating the number of opt-outs by individual grade levels.
3) Please provide a copy of the document(s) used by the district by which parents can opt-out or opt-in their children from all or a portion of the curriculum mandated by the 2020 NJSLS-CHPE in your district.
4) Please provide documents showing how you implemented the “parent opt-out” for the 2020 NJSLS-CHPE and Health & Physical Education curriculum and a copy of the document by which parents can opt-out their children from all or a portion of the curriculum mandated by the 2020 NJSLS-CHPE in your district. Including but not limited to forms, flyers, emails to parents and/or a website.
4) Please provide documents showing how the 2020 NJSLS-CHPE mandate was implemented in your district, for example: a) in the classroom; b) at home by parents; c) as a homework assignment; d) in an assembly; e) as a webinar; f) being taught on the last day of school; g) any methods but with elements removed; h) not at all.
6) Copies of the BOE policies and regulations regarding the composition of your “Book Review Committee,” as well as policies controlling book reviews or book removal requests.
7) Copies of any book removal or review requests made by residents of your school district since November 1, 2022 to present.
8) If any books have been removed from curriculum or from public school libraries as a result of a demand for removal or by the Board action in accordance with your book removal policy, copies of all documents relating to the review or removal.
9) Any documents, policies or regulations relating to the review of current textbooks or the review of new textbooks or textbooks being considered for purchase.
10) Copies of all legal bills from the Board Attorney or from any outside council from January 1, 2023 to present
Yours faithfully,
Michael Gottesman, Individually and as Founder of the
New Jersey Public Education Coalition
Dear Requestor,
The District is in receipt of your OPRA request received August 7, 2023. Under OPRA, the District must reply within seven business days, or by August 16, 2023 or inform the requestor that the District will require a reasonable extension. Because this request has ten subparts each requiring multiple searches as well as the sensitive nature of many of these documents which may contain private student information or attorney work product, the District will require an additional 8 business days to fulfill your request. As a preliminary manner, some of your requests refer to information that is currently publicly available.
The District will respond to your request as soon as possible and at the latest by August 28, 2023. If there is any need for further delay, the District will contact you immediately with that information.
Respectfully,
Richard Kaz
Custodian of Records
Michael Gottesman,
The Northern Burlington County Regional School District received your August 5, 2023 OPRA request on Monday, August 7, 2023 when the District re-opened for business. Under OPRA, the District has until Wednesday, August 16, 2023 to respond or require an extension based on the complexity of the request. The District required an eight day extension based on the length of the request and the sensitive nature of school district documents making the response due on August 28, 2023. Please accept this timely response.
Your request seeks documents related to the below ten categories. The District responds to each category below and provides responsive documents as they may exist.
1) Please provide documents indicating the total number of students enrolled in all public schools and charter schools in your District for the 2022-2023 school year;
Response: Attached please find the District’s Application for State School Aid (ASSA) report.
2) Please provide documents indicating the total number of students whose parents have availed themselves of the opt-out provisions of N.J.S.A.18A:35-4.7 and opted their child out of all or a portion of the 2020 NJSLS-CHPE mandate or curriculum promulgated in accordance thereto for the 2022-2023 school year. Please provide documents indicating the number of opt-outs by individual grade levels.
Response: The following indicates the total number of students whose parents opted their child out in 2022-2023 school year.
2022 - 2023
7th: 5
8th: 1
9th: 1
10th: 0
11th: 0
12th: 0
3) Please provide a copy of the document(s) used by the district by which parents can opt-out or opt-in their children from all or a portion of the curriculum mandated by the 2020 NJSLS-CHPE in your district.
Response: Parents emailed their request to have their child opt out. Upon receipt by the District, the Opt Out emails become student records and are exempt from disclosure under OPRA.
4) Please provide documents showing how you implemented the “parent opt-out” for the 2020 NJSLS-CHPE and Health & Physical Education curriculum and a copy of the document by which parents can opt-out their children from all or a portion of the curriculum mandated by the 2020 NJSLS-CHPE in your district. Including but not limited to forms, flyers, emails to parents and/or a website.
Response: Attached please find the District’s Health 8 message to parents January 2022
5) Please provide documents showing how the 2020 NJSLS-CHPE mandate was implemented in your district, for example: a) in the classroom; b) at home by parents; c) as a homework assignment; d) in an assembly; e) as a webinar; f) being taught on the last day of school; g) any methods but with elements removed; h) not at all.
Response: The District denies this portion of the request as overbroad. Please identify a specific document. OPRA "is not intended as a research tool ... to force government officials to identify and siphon useful information." MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 546-49 (App. Div. 2005). OPRA does not "authorize a party to make a blanket request for every document" a public agency has on file. Gannett New Jersey Partners L.P. v. County of Middlesex, 379 N.J. Super. 205, 213 (App. Div. 2005). Rather, a party requesting access to a public record under OPRA must specifically describe the document sought.
6) Copies of the BOE policies and regulations regarding the composition of your “Book Review Committee,” as well as policies controlling book reviews or book removal requests.
Response: Attached please find the district’s associated policies and regulations: 2510, 2530 and 9130.
7) Copies of any book removal or review requests made by residents of your school district since November 1, 2022 to present.
Response: None received.
8) If any books have been removed from curriculum or from public school libraries as a result of a demand for removal or by the Board action in accordance with your book removal policy, copies of all documents relating to the review or removal.
Response: Not applicable.
9) Any documents, policies or regulations relating to the review of current textbooks or the review of new textbooks or textbooks being considered for purchase.
Response: Attached please find the District’s associated policies and regulations: 2510.
10) Copies of all legal bills from the Board Attorney or from any outside council from January 1, 2023 to present
Response: The District attaches responsive documents. Minor redactions are made concerning student identifying information and personnel and attorney-client matters. A formal redaction log can be prepared upon your request.
This communication and the attached responsive documents complete your OPRA request.
Sincerely,
Richard Kaz,
Custodian of Records