Right to know
How to use OPRA Request to Get Information
NJ citizens can use OPRA requests to retrieve information and records. The Open Public Records Act allows open access to public records with a few exceptions.
Anyone can submit an OPRA request. In most cases they are free, unless the request requires an usual amount of work to fulfill.
What types of public records can be accessed?
According to the Government Records Council (GRC), OPRA specifically defines a government record 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 … or that has been received in the course of his or its official business …” (Emphasis added.) N.J.S.A. 47:1A-1.1.
Generally stated, a “government record” means any record that has been made, maintained, or kept on file in the course of official business, or that has been received in the course of official business.
OPRA covers more than just paper records. Under OPRA, a “government record” includes printed records, tape recordings, microfilm, electronically stored records (including e-mails and data sets stored in a database), books, maps, photographs, etc.
How do you file an OPRA request?
Your school District should have their official OPRA form available on their website. Fill out the form as specifically and narrowly as possible in terms of who, what, and when.
For example, instead of requesting “All emails from staff to Superintendent about the transgender policy”, a better request would be “All emails between XYZ School Principal and Superintendent regarding transgender policy from November 1st to November 5th.”
Once your form is completed, it should be submitted to the custodian of records. In most Districts this will be the Business Administrator but you should confirm.
What happens next?
After your OPRA is received, the District has seven (7) business days to fulfill your request. They should immediately respond to your request in writing and indicate this.
Custodians may seek extensions of time beyond the seven (7) business day deadline for legitimate reasons (such as the record is in use or in storage). Custodians must notify the requestor in writing, within the statutorily mandated seven (7) business days and provide an anticipated deadline date upon which the records will be provided.
What if I am denied?
If you are denied, they must provide an explanation as to why. It is possible that they cannot fulfill your request due to it falling into one of the exemption areas.
If you disagree with their determination, you are able to appeal and/or complain to the GRC.
