August 15, 2023

Michael Gottesman
([1][OPRA #49750 email])

Re: Open Public Records Act Requests deemed Received on August 7, 2023

Dear Mr. Gottesman:

This letter is in response to your ten point OPRA Request that was deemed
received on August 7, 2023. This response is being sent to you within the
7 business day deadline to respond to OPRA Requests.

OPRA defines a “government record” of a public entity as “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored
or maintained electronically or by sound-recording or in a similar device,
or any copy thereof, that has been made, maintained or kept on file in the
course of his or its official business …”  N.J.S.A. 47:1A-1.1. 
Accordingly, the Board is required to produce only those records which it
maintains in the official course of business and which are not otherwise
exempt from production.  Pursuant to the definition of a government
record, a public entity is not required by OPRA to research information
and/or create records that do not exist in response to OPRA requests.  See
e.g., Mag Entertainment, LLC v. Division of Alcoholic Beverage Control,
375 N.J. Super. 537 (App. Div. 2005). 

Your first Request sought the following:

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: The district enrollment report as of 6/15/2023 was provided.

Your second Request sought the following:

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: Spreadsheets of response data, with PII removed, are attached. 

- Data shows the date/time of response, grade of student, who responded
(Guardian), and the respondent acknowledges the right to opt-out.

- For Grades K-5 and 8, data shows if the guardian checked the box to opt
out (corresponding to the checkboxes on the bottom of each opt-out form.)

- For Grade 9, data shows that the respondent acknowledged the right to
opt out and they were to contact the office if they requested an opt-out.
Two students in grade 9 were opted out.

Your third Request sought the following:

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: Documents are attached.

Your fourth Request sought the following:

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: Presentation delivered to BOE and posted to district website,
July 2022 -
[2]https://www.pointpleasant.k12.nj.us/apps...

Opt-out forms are attached

Your fifth Request sought the following:

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 top paragraph on each of the attached opt-out forms explains
how the lesson will be taught.  Additionally, see our curricula website:
[3]https://pointpleasant.k12.nj.us/apps/pag...

Your sixth Request sought the following:

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: Link to BOE policies -
[4]https://www.pointpleasant.k12.nj.us/apps...

Link to BOE regulations -
[5]https://www.pointpleasant.k12.nj.us/apps...

Policy & Regulation 2510 - ADOPTION OF TEXTBOOKS provides the requested
information

Your seventh Request sought the following:

Copies of any book removal or review requests made by residents of your
school district since November 1, 2022 to present.

Response: N/A - No requests were made.

Your eighth Request sought the following:

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: N/A - No books have been removed during the 2022-2023 school
year.  

Your ninth Request sought the following:

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: Same policy/regulation above in request 6.

Your tenth Request sought the following:

Copies of all legal bills from the Board Attorney or from any outside
council from January 1, 2023 to present

Response: See attached redacted legal bills and redaction key as
requested.

Please note that Christina Fessler, CPA, Records Custodian, and Adam L.
Angelozzi, Ed.D., Superintendent of Schools, were informed of this request
in an email dated Saturday, August 5, 2023. Moving forward, please send
all OPRA requests to me, Christina Fessler, CPA, Records Custodian, and/or
Adam L. Angelozzi, Ed.D., Superintendent of Schools. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Board 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 Government Records Council (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,
NJ 08625, or by e-mail at [6][email address], or at their website at
[7]www.state.nj.us/grc.  The GRC 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,

Christina Fessler, CPA

Business Administrator/Board Secretary

Records Custodian

Enclosures

Cc: Dr. Adam Angelozzi, Superintendent 

Christina Fessler, CPA
School Business Administrator
Point Pleasant Schools
732-701-1900 

References

Visible links
1. mailto:[email address]
2. https://www.pointpleasant.k12.nj.us/apps...
3. https://pointpleasant.k12.nj.us/apps/pag...
4. https://www.pointpleasant.k12.nj.us/apps...
5. https://www.pointpleasant.k12.nj.us/apps...
6. mailto:[email address]
7. http://www.state.nj.us/grc