Sunshine Q&A: What makes a meeting “open?” and obtaining school records

Under Georgia’s Open Meetings Act, a meeting is considered “open” when it is accessible to the public and meets several key requirements. First, the meeting must be announced in advance through proper public notice, giving citizens sufficient time to plan to attend.

The meeting must be held in a location that is physically accessible to members of the public. Government bodies cannot hold meetings in private offices, restaurants, or other locations that effectively exclude the public. The venue must accommodate a reasonable number of attendees.

During the meeting, the public must be allowed to observe the proceedings. Georgia law expressly permits citizens to make audio and video recordings of open meetings. Any attempt to prevent recording or to remove citizens who are peacefully observing the meeting may constitute a violation of the Open Meetings Act.

Additionally, minutes must be kept of all open meetings and made available to the public. These minutes provide a record of what was discussed and what decisions were made, ensuring transparency even for citizens who were unable to attend in person.

School records that relate to the administration and operation of public schools are generally accessible through Georgia’s Open Records Act. To obtain these records, you should submit a request to the records custodian of the school system, which is typically the superintendent’s office or a designated records officer.

Your request should clearly identify the records you are seeking. Be as specific as possible to help the school system locate the documents efficiently. You can submit your request in writing, by email, or in some cases by phone, though a written request provides better documentation.

The school system must respond to your request within three business days. They must either provide the records, deny the request with a legal justification, or provide a timeline for when the records will be available if they need additional time to compile them.

If your request is denied or you do not receive a timely response, you have options for enforcement. You can contact the Georgia First Amendment Foundation for guidance, consult with an attorney, or file a complaint with the Attorney General’s office. The Open Records Act includes provisions for citizens to seek judicial enforcement of their rights.

Sunshine Q&A is a complimentary service provided jointly by the Transparency Project of Georgia and the Georgia First Amendment Foundation. The service answers questions from Georgia citizens about open government laws, including the Open Meetings Act and the Open Records Act.

The name “Sunshine Q&A” refers to the concept of “sunshine laws,” which is the common term for open government legislation. These laws are designed to shine light on government operations, ensuring that the public can see and understand how their elected officials conduct business.

Citizens can submit questions about any aspect of open government, from how to file an open records request to understanding when a government body can legally enter executive session. The responses are provided by experts in Georgia’s transparency laws and published for the benefit of all citizens.

It is important to note that the opinions provided through Sunshine Q&A should not be construed as legal advice. Citizens with specific legal concerns should consult their own attorney. The service is intended to provide general education and guidance about open government rights and procedures.

If your open records request is denied by a school system in Georgia, the first step is to carefully review the reason given for the denial. Under the Open Records Act, the agency must provide a specific legal basis for withholding the records. If no reason is given or the reason seems insufficient, you may have grounds to challenge the denial.

Next, consider following up in writing, restating your request and asking the school system to identify the specific exemption under the Open Records Act that they believe applies. Sometimes, a more precisely worded request or a conversation with the records custodian can resolve misunderstandings about what is being requested.

If the school system continues to withhold the records, you can seek assistance from organizations like the Georgia First Amendment Foundation, which provides guidance to citizens navigating open records issues. They can help you understand whether the denial is legally justified and advise you on next steps.

As a final resort, citizens can file a lawsuit to compel compliance with the Open Records Act. Georgia courts have the authority to order the release of improperly withheld records and may award attorney fees to successful plaintiffs. You can also file a complaint with the Attorney General’s office, which has enforcement authority under the state’s transparency laws.

The Georgia First Amendment Foundation (GFAF) is a federal 501(c)(3) nonprofit organization dedicated to protecting and promoting the public’s right to access government information and proceedings. The foundation serves as a critical resource for citizens, journalists, and public officials seeking to understand and comply with Georgia’s open government laws.

GFAF provides educational resources including published guides on the Open Records Act and Open Meetings Act, tailored for different audiences such as law enforcement, educators, and general citizens. These materials help demystify the legal framework surrounding government transparency and empower individuals to exercise their rights.

The foundation also partners with the Transparency Project of Georgia to offer the Sunshine Q&A service, which answers citizens’ questions about open government issues. This collaborative effort helps ensure that transparency expertise is accessible to anyone in the state who needs it.

Beyond education, GFAF advocates for stronger transparency laws and works to ensure that existing laws are effectively enforced. The foundation’s work has contributed to significant improvements in Georgia’s open government framework, including the comprehensive overhaul of the state’s transparency laws in 2012.