7/28/2019 FOIA Response-Schelkopf 5.30.13

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May 30, 2013

Eric Schelkopf

Via Email eschelkopf@shawmedia.com

Dear Mr. Schelkopf:

On May 29, 2013, you submitted a Freedom of Information request to the District 101 Freedom of Information

Officer. Your request seeks copies of the following:

1. a copy of the Bataiva High School Social-Emotional Survey that Batavia High School students tookin April 2013

2. a copy of the notice of remediation that was authorized by the Batavia School Board on May 28 forBatavia High School teacher John Dryden

In response to request #1, your request is denied pursuant to Section 7(1)(a) and 7(1)(g) of the Illinois Freedom ofInformation Act. Section 7(1)(a) is applicable because the survey instrument itself was purchased from Multi-

Health Systems, Inc., which holds the copyright to the survey instrument. We do not have permission from Multi-

Health Systems, Inc., to reproduce or distribute their survey instrument, and doing so without permission violates

federal copyright law. Section 7(1)(g) is applicable because the survey contains proprietary commercial trade secret

information. According to Multi-Health Systems, Inc., disclosure of the survey instrument could render the

instrument invalid and that [a]ny leakage of test items severely compromises the value of the tests. The test

publishing industry considers test materials to be confidential information and trade secrets and protects these

accordingly. Release of such material will compromise the validity and utility of the tests with resulting negative

impact on the health of Americans, lead to the violation of purchase agreements, and violate MHS intellectual

property rights. (See attached publication from MHS.)

In response to request #2, attached with this correspondence is a copy of the Notice to Remedy that was approved by

the Batavia Public School Board District 101 on May 28, 2013.

You have the right to appeal this decision to the President of the Board of Education. Under the Illinois Freedom of

Information Act, the President will make a decision either to affirm the denial of disclosure or allow disclosure

within seven working days after you file a written request. You also have the right to have this decision reviewed by

the Public Access Counselor of the Illinois Attorney General, whose contact information is:

Sarah Pratt

Acting Public Access Counselor, Office of the Attorney General

500 S. 2nd Street

Springfield, Illinois 62706

Phone: 1-877-299-3642

Sincerely,

Dr. Brad Newkirk, Ed.D.

Chief Academic Officer

FOIA Officer