Model FOIA (For Use by Parents)

 

Here is a formal Freedom of Information Act (FOIA) request letter drafted under the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), structured specifically to navigate the intersection of public administrative records and student privacy laws (FERPA / IDEA).

VIA CERTIFIED MAIL & ELECTRONIC MAIL

Date: September 9, 2026

To:

Superintendent of Schools

Pocahontas County Board of Education

926 5th Avenue

Marlinton, WV 24954

Email: [Superintendent / FOIA Officer Official Email]

From:

Norman Lee Alderman

Editor & Lead Investigator, The Salt Shaker Press

Marlinton, WV 24954

Email: normanalderman@yahoo.com

RE: WEST VIRGINIA FREEDOM OF INFORMATION ACT REQUEST

Subject: Administrative Policies, Procedures, and Communications Concerning Special Education Accommodations, IEP/504 Status Determinations, and Extracurricular/Athletic Eligibility Review (2025–2026 Academic Years)

Dear Superintendent and Custodian of Public Records:

This letter constitutes a formal request for public records pursuant to the West Virginia Freedom of Information Act, W. Va. Code § 29B-1-1 et seq.

The Salt Shaker Press is currently conducting an investigative news inquiry concerning administrative compliance with state and federal special education mandates—including West Virginia Board of Education (WVBE) Policy 2419, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA)—specifically as these frameworks intersect with West Virginia Secondary School Activities Commission (WVSSAC) academic eligibility reviews and athletic roster determinations within Pocahontas County Schools.

I. RECORDS REQUESTED

Please provide copies of the following public records created, received, sent, or maintained by Pocahontas County Schools and the Pocahontas County Board of Education between August 1, 2025, and the date of this request:

1. Local Operating Guidelines & Protocols:
   
   
   • Any written district-level standard operating procedures, guidance memoranda, or administrative directives governing the coordination between Special Education Case Managers/IEP Teams, school guidance counselors, athletic directors, and varsity/junior varsity coaching staff regarding student-athlete academic eligibility tracking.
     
     
   • Any protocols or written guidelines detailing the procedural steps required before a student receiving IEP or Section 504 accommodations is deemed academically ineligible for extracurricular or athletic participation.
     
     
2. Policy & Compliance Documentation:
   
   
   • All current written policies, procedures, or internal guidelines concerning the administrative exit, declassification, re-evaluation, or modification of an Individualized Education Program (IEP) or Section 504 plan, including verification protocols ensuring mandated parental consent and Prior Written Notice (PWN).
     
     
   • Any written policy, standard practice, or memorandum regarding manifest determination reviews or academic accommodation audits conducted prior to enforcing disciplinary, athletic, or extracurricular removal based on academic performance.
     
     
3. Administrative Communications & Directives:
   
   
   • All emails, electronic messages, and written memoranda between or among district administrators (including the Superintendent, Director of Special Education, and Attendance/Curriculum Directors) and Pocahontas County High School administration (Principal, Assistant Principal(s), Athletic Director, and Head Football Coach) containing any of the following search terms/phrases:
     
     
     • "IEP" AND "football"
       
       
     • "IEP" AND "eligibility"
       
       
     • "Special Education" AND "athletic eligibility"
       
       
     • "Policy 2419" AND "athletic"
       
       
     • "WVSSAC" AND "IEP"
       
       
     • "accommodation" AND "ineligible"
       
       
4. Training and Monitoring Materials:
   
   
   • Documentation, agendas, handouts, or instructional materials provided to high school athletic coaching staff, athletic directors, and administrative personnel regarding legal duties under IDEA, Section 504, and WVBE Policy 2419 for student-athletes during the 2025–2026 school year.
     
     

II. FERPA & PRIVACY COMPLIANCE NOTICE

The Salt Shaker Press recognizes the privacy rights guaranteed under the Family Educational Rights and Privacy Act (FERPA) (34 C.F.R. Part 99) and the privacy exemptions of W. Va. Code § 29B-1-4.

This request explicitly seeks administrative, policy, aggregate, and systemic operational records. To the extent that any responsive administrative email or memorandum contains personally identifiable student information (such as student names, birthdates, student identification numbers, or specific diagnostic evaluations):

• Do not withhold the record in its entirety.
  
  
• Pursuant to established West Virginia law, redact only the minimal, direct personally identifiable information (PII) required by law and produce the non-exempt, segregable administrative portions of the record, disclosing the chain-of-command directives, administrative rationale, and procedural actions taken by school and athletic personnel.
  
  

III. STATUTORY TIMEFRAME & RESPONSE REQUIREMENTS

Pursuant to W. Va. Code § 29B-1-3(d), public bodies must respond to a FOIA request within five (5) working days of receipt by doing one of the following:

1. Furnishing the requested records;
   
   
2. Advising that records are available for inspection; or
   
   
3. Denying the request in whole or in part, providing a written explanation stating the specific statutory exemption(s) relied upon.
   
   

If any portion of this request is denied, please cite the precise statutory exemption under W. Va. Code § 29B-1-4 justifying each withholding and identify the specific records or communications withheld.

IV. FEE WAIVER & PRODUCTION FORMAT

Because these records are sought by an independent press organization for editorial and investigative news reporting in the public interest, and not for commercial gain, I request that any copying or search fees be waived.

To expedite production and minimize cost, please transmit all responsive records electronically in PDF format to the email address provided above (normanalderman@yahoo.com). If the volume of files exceeds standard email transmission limits, please provide access via a secure file-transfer link or inform me so suitable digital media can be arranged.

Thank you for your prompt attention to this matter and your service to transparency in Pocahontas County public education.

Respectfully submitted,

/s/ Norman Lee Alderman

Norman Lee Alderman

Editor & Lead Investigator, The Salt Shaker Press

Email: normanalderman@yahoo.com

Marlinton, WV 24954