FAQ

What is Ohio’s Public Records Act?

As the Ohio Supreme Court has recognized, Ohio’s Public Records Act is founded on the principle that “public records are the people’s records, and that the officials in whose custody they happen to be are merely the trustees for the people." State ex rel. Patterson v. Ayers, 171 Ohio St. 369, 371, 171 N.E.2d 508 (1960). The Act defines what constitutes public records, outlines the obligations of public offices, and details the rights and responsibilities of the requester. The Act additionally outlines procedures, limitations, and requirements designed to maximize a requester’s success in obtaining access to public records and minimize the burden on public offices when possible. It also excludes certain records from disclosure and provides for the enforcement of the production of records whenever an office denies a proper public records request.

What is a public record?

According to the Ohio Public Records Act, a “record” is any item that:

• • Contains information stored on a fixed medium (such as paper, computer, file, etc.);
  • is created, received, or sent under the jurisdiction of a public office;
  • and Document the organization, functions, policies, decisions, procedures, operations, or other activities of the office unless the record is otherwise exempt (RC 149.43 (A)(1) and RC 149.011 (G)).

For an item to be a public record, it must be “kept” by the public office (CMSD). That does not mean that the item must be “required” to be maintained by the public office before it will be deemed a public record. Rather, the item must be the type of item typically and actually retained by the office in the ordinary course of its business to carry out its duties and functions. If not, then the item is not “kept,” and the public records office does not have an obligation to provide access to the item. If the item does not exist, the public records office will not have the obligation to provide access to that item or create the item to respond to a request.

All records kept by the district are public unless they are exempt from disclosure or confidential under state or federal law. If a document or other item does not meet the definition of a record, then it is a non-record and is not subject to Ohio’s Public Records Act. The district has no duty to release non-records.

Does the District have a duty to respond to requests for information or create new records to respond to a public records request?

No, the district is not required to create new or additional records to respond to a request. Requests for information and requests that require the district to create a new record by searching for and compiling information from existing records are deemed improper. 

How does the District keep its public records?

School districts are required to organize and maintain public records in a manner that such records can be made available for inspection at reasonable times during regular business hours or copied in response to a public records request. The district’s records are subject to applicable records retention schedules. A copy of the district’s records retention schedules is available upon request through the NextRequest online portal. Link below:

https://clevelandmetroschoolsoh.nextrequest.com/

Who may make a public records request?

Anyone may make a public records request to the district, including individuals, corporations, and governmental agencies. The request may be made to anyone in the district. The NextRequest online portal has been designated by the district for receiving and filing requests.

Can a student make a public records request?

Yes. A public records request can be made by anyone. The district reserves the right to properly discipline students if the information they obtain is used in a way that violates the student code of conduct.

May I submit a public record request anonymously?

Yes, a requester does not have to provide the requester’s identity. Although it is the District’s general policy that this information is not to be requested from requesters, the law permits the District to ask the requester’s identity, inquire why copies are sought, and ask for the request in writing if: (1) providing such information would enhance the district’s ability to identify, locate, or deliver the public records that have been requested, and (2) the District disclose to the requester that it is not mandatory to provide the information.

How do I request a public record?

The District established an online portal through NextRequest, which allows any person to easily and conveniently request and obtain copies of public records kept by the District. Link to portal below:

https://clevelandmetroschoolsoh.nextrequest.com/

However, a requester may make a request in any manner the requester chooses: by phone, in person, by email, or by letter. No specific language or form is required to make a public records request. A requester may make a request by asking the District for a specific record(s).

 What does the District do when it receives a public records request through the online portal?

You will receive an automated response that your request has been received. The District will contact you as soon as possible if it needs clarification to identify the records you are requesting. The District will locate and retrieve any responsive records. Those responsive records will be reviewed, and any portions of those records exempt from release under state or federal law will be redacted. The District will promptly provide you with electronic copies of responsive records through the District's public records online portal, unless you choose another copy medium or method of delivery. If your request is denied in part or in whole, the District will provide you with an explanation for each denial, including legal authority.

How long will it take to receive a response to my request?

There is no set, predetermined time period for responding to a public records request. Public records will be made available promptly for inspection at CMSD during regular business hours, Monday through Friday, with the exception of holidays. Copies of public records will be made available within a reasonable period of time. The reasonableness of the time taken to respond depends on the facts and circumstances of the particular request. “Prompt” and “reasonable” do not mean “immediately,” but rather these terms consider the volume of records requested, the proximity of the location where the records are stored, and the necessity for any legal review and redaction of the requested records.

Can the District deny public records requests or redact public records before releasing them?

Yes, the District may withhold or redact public records that are exempt from release under Ohio’s Public Records Act. However, the District is required to provide the requester with an explanation for each denial, including legal authority. If the requester makes an ambiguous or overly broad request or has difficulty in making a proper request for public records, the request may be denied.

What is an ambiguous or overly broad public records request?

A requester must identify the records that the requester is seeking “with reasonable clarity,” so that the District can properly and efficiently identify responsive records based on the manner in which it ordinarily maintains and accesses the public records that it keeps. A request must fairly and specifically describe what the requester is seeking. A request cannot constitute a complete duplication of voluminous records. It also cannot be for records spanning a substantial time period, and it cannot identify correspondents only as belonging to titles, groups, or categories for which research is required to establish their membership.

When must the District redact information from a record?

The District must redact any portions of a record that are not public and exempt from disclosure. The exempt portions may be redacted, and the rest released. “Redact” means to obscure or delete information from a record. If a record contains some information that is prohibited from being disclosed, the district must obscure or remove that information, and the public portions that are not public should be redacted (removed or blacked out). 

A redaction is deemed a denial of the request to inspect or copy the redacted information, except if a federal or state law authorizes or requires a public office to make the redaction. The District will make available all the information within an otherwise public document that is not exempt. However, the District will withhold an entire record when exempted information is “inextricably intertwined” with the entire content of a particular record such that redaction cannot protect the exempted information.

 Are emails public records?

The District must analyze an email message like any other document or item – by its content – to determine if it meets the definition of a record under Ohio’s Public Records Act. All employees and public officials of the District are required to retain their email records and other electronic records in accordance with applicable records retention schedules.

The District maintains and accesses its email records based on searches of its email archive system using the following fields:

• • Time period; Date range of search
  • Sender and recipient; Names of recipients to perform “To and/or From” search
  • Keyword or phrase; Specific search “Terms” to minimize a broad class of documents

A requester should use these search fields to request email records.

Can the District charge a fee for a public records request?

The District will charge the actual cost of producing copies, including copying and mailing expenses, but not labor costs. The charge for black and white paper copies on standard-sized paper is 5 cents per page. The charge for color copies on standard-sized paper is 10 cents per page. The cost for copies on irregular-sized paper, such as blueprints or plats, shall be the cost charged by a copy service to make such copies. The charge for electronic files downloaded on a flash drive is $2.00 per drive. A requester will be required to pay in advance for the costs involved in providing the copy. If a requester asks that documents be mailed, the requester will be charged the actual cost of the postage and mailing supplies in advance. There is no charge for documents emailed or provided through the District’s online portal, should the documents exist electronically. The Ohio Public Records Act does not permit the District to charge the public for inspection of public records during regular business hours.

Where can I learn more about Ohio’s public records law?

The Ohio Attorney General’s Office offers free online Sunshine Laws Training to members of the general public in addition to public officials and employees. It also annually publishes a handbook entitled “Ohio Sunshine Laws: An Open Government Resource Manual.” The Ohio Public Records Act is codified at R.C. 149.43 and published online here.