Starter Questions for the class:
1. Should citizens be able to find out everything their government
officials are doing? Should some things remain secret? Why or why not?
2. Hypo: Would it be right to ask information about the mayor like
what kinds of medicine she takes? What if the medicine she was taking
affected how she was able to perform as mayor?
3. Hypo: What about the mayor's salary? Should the public be able to
find out salary? Why or why not? Why would it be important for the public
to know how much public officials are?
Background:
I. The Illinois Freedom of Information Act states, "all persons are
entitled to full and complete information regarding the affairs of government
and the official acts and policies of those who represent them as public
officials and public employees." In other words, the citizen has a right
to know what their government is doing on their behalf and how the government
is going about representing their citizens.
II. What kind of public information is available under FOIA?
A. Public records. Public records are used by any public body
and include:
- Orders
- Rules
- Policy statements and decisions
- Reports/studies
- Salaries of public employees
- Voting records of public bodies like the village board
B. The FOIA applies to all "public bodies." Public bodies include:
- Legislatures
- Executive offices
- County government
- School districts
- Agencies
- Municipal boards
- Committees.
III. Who can obtain public information? Any member of the public!
- Individuals
- Groups
- Associations
- Businesses
- Organizations
IV. Where is the public information located?
- At the appropriate government body. You have to figure out which
one to ask. For example, questions regarding the county budget go
to the county, and not to the US Congress. Questions regarding a school
policy go to the school district, etc.
- All public bodies have lists of the kinds of records they keep.
Teachers can call a local municipality, county, or school district
for a copy. This is a great teaching tool for this lesson plan.
V. How can the public make a Freedom of Information Act request? (See
sample request letter)
- Call to make sure you are directing your request to the right place.
- Make the request in writing. Be specific about exactly what you
want and say why you are seeking the information (i.e., for the public
interest)
- The public body can charge you a fee for copying the information,
but it has to be reasonable. If the information is being used for
pubic dissemination, the person making the request can ask for a fee
waiver or fee reduction.
VI. Not all information is public information! Exempted information
includes:
- Student records - other people can't ask for and receive your grade
records.
- Information that is too private - like the identity of someone
who files a complaint, medical histories, etc.
- Police records in ongoing investigations
- Exam questions and answers
- Other private internal information (catch-all)
Activity: Making a FOIA Request
Read the following story to your students or have them read them out
loud. After each story is read, discuss what kind of information they
would want to find out and where they think they would need to send
their request.
The Toxic Waste Dump
Sarah and Patty are sisters. They were walking home from school one
sunny afternoon, excited to get home and take their dog for a walk around
the neighborhood. About 3 blocks from school, the girls saw a sad scene
- a patch of land that was brown and dead and where the trees and flowers
were also diseased. They wondered the animals around the area were sick
too. Sarah and Patty decided to tell their science teacher, Ms. Flora,
the next day in class. When they told their teacher, Ms. Flora said
she knew exactly the piece of land that they had seen. That area had
been getting worse over the past few months. Ms. Flora also said, "come
to think of it, I heard about another teacher getting sick from something
she drank or ate and she lives by that land. I wonder if the land is
contaminated". Part of the land is owned by the city of Oakville, and
part of the land is owned by the school district as a future playground
site.
Ask students:
- Brainstorm what concerns them about this story; (public health
and environmental issues)
- What further information do they need or want about the land: who
owns it, the plans for land use, and whether it is contaminated;
- Determine what government agency or public officials would have
the needed information about this land; (City Hall, state Environmental
Protection Agency, Animal Control)
- Pick one public agency or public official who might have information
about the land. Have students brainstorm ideas in small groups and
then come back together to write a draft FOIA request with the rest
of the class. (Has the land ever been tested?)
Activity: Writing an Actual FOIA Request
- Brainstorm with students about issues that concern them. What is
NOT fair in their lives?
- Pick one issue from the list and brainstorm the types of information
that the students would need to respond to this concern.
- Which public officials would have the correct information?
- Draft a Freedom of Information Act request to one or several public
officials for the required information.
For example: Does your school have vending machines or an "activity fee"
or "athletic fee" of some sort? Find out where those dollars go by drafting
a FOIA Request. You will want to make the request to the school district
to ask for the vendor contract and/or the school budget to see how the
money is spent.
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