APS is one of the largest public-school systems in Georgia, with an annual budget of $1.45 billion and over 5,000 employees. The documents relate to its hiring practices, a matter of key public concern.
Schellmann and McMichael initially filed their request under Georgia’s Open Records Act in March 2022. APS responded, but with an estimated cost of more than $10,000 to produce the records.
Unlike the federal Freedom of Information Act (FOIA) and other states’ freedom of information laws, the Georgia Open Records Act contains no fee-waiver provision, even where the disclosure of the requested documents would serve the public good. Schellmann and McMichael’s attempts to engage APS about a voluntary fee waiver received no response.
The First Amendment Clinic began working with the journalists during the Fall 2022 semester, sending a letter to APS that objected to the prohibitive cost of the records and urged that the fees be waived as a matter of public interest.
After further advocacy and negotiations by the Clinic, and submission of a narrowed request, APS produced a tranche of responsive records in December 2022, free of charge.
Thanks to Clinic Legal Fellow Allyson Veile and Clinic Student Warren “Ren” Schmitt for their work on this matter.
