This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.
Dear and Ms. Nazon:
DETERMINATION
All records in the custody or possession of a public body are presumed to be open to inspection or copying." 5 ILCS 140/ 1. 2 ( West 2024); see also Southern Illinoisan v.
Illinois Department ofPublic Health, 218 Ill. 2d 390, 415 ( 2006). A public body that withholds records " has the burden of proving by clear and convincing evidence" that the records are exempt from disclosure. 5 ILCS 140/ 1. 2 ( West 2024). The exemptions from disclosure are to be narrowly construed. Lieber v. Board ofTrustees ofSouthern Illinois University, 176 I11. 2d 401, 407 ( 1997).
Section 7( 1)( j)( iv) of FOIA exempts from disclosure " course materials or research recording of a lecture, prepared for use in teaching. Because the lecture comprises materials used in teaching university courses, the University did not improperly deny March 18, 2025, FOIA request pursuant to section 7( 1)( j)( iv) of FOIA.
The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion. This file is closed. If you have any questions, please contact me at benjamin. silver@ilag. gov or (773) 590- 7878.
Very truly yours, BENJAMIN J. SILVER Supervising Attorney Public Access Bureau 85864 f 71jiv proper univ
Notes from the original PDF (4)
- This determination is issued pursuant to section 9. 5( f) of the Freedom of Information Act ( FOIA) ( 5 ILCS 140/ 9. 5( f) (West 2024)). For the reasons stated below, the Public Access Bureau concludes that the University of Illinois ( University) did not improperly deny March 18, 2025, FOIA request. On that date, submitted a FOIA request to the University seeking a recording of a specified February 24, 2025, virtual lecture. On March 20, 2025, the University denied the request in its entirety pursuant to section 7( 1)( j)( iv) of FOIA. 1 On that same date, submitted the above -referenced Request for Review contesting the University' s response. 15 ILCS 140/ 7( 1)( j)( iv)( West2023 Supp.), asamendedbyPublic Act 103- 605, effective July 1, 2024; 103- 865, effective January 1, 2025. 115 South LaSalle Street Chicago, Illinois 60603 Carbondale, Illinois 62903 217) 782- 1090 • Fax: ( 217) 782- 7046 312) 814- 3000 • Fax: ( 312) 814- 3806 618) 529- 6400 • Fax: ( 618) 529- 6416 www. IllinoisAttorneyGeneral. gov
- materials used by faculty members" in connection with " educational matters." FOIA does not define " course materials." However, this office has previously determined that the plain meaning of the term " course materials" encompasses materials prepared for use in teaching such as curricula, lesson plans, lectures, and slides that are used in an educational setting. See Ill. Att'y Gen. PAC Req. Rev. Ltr. 78019, issued January 5, 2024, at 3- 4. Furthermore, " course materials" can include records prepared by a third party outside of the public body that received the FOIA request. See, e. g., I11. Att'y Gen. PAC Req. Rev. Ltr. 78019, issued January 5, 2024, at 2. In its redacted response to this office, the University stated that the lecture included on the recording was presented by a professor for the UP- 580 course and a visiting professor at Columbia University. The University explained that, although the lecture was open to additional students in Urban Planning, attendance for students ofUP- 580 was required. In the confidential version of its response, the University explained in further detail how the lecture was part of the course curriculum. In his reply, argued that the lecture was not exempt under section 7( 1)( j)( iv) because it was widely advertised for student attendance, was public -facing, was sponsored by additional campus organizations, and was independent of any courses and thus could not "be fairly classified as internal course material." 2 The University has explained that the lecture was connected to the UP- 580 course, and that attendance was mandatory, rather than optional, for students in that class unless
- 2Letter from to [Benjamin] Silver, [Supervising Attorney, Public Access Bureau] ( Apri128, 2025), at [ 2]. Office of the Illinois Attorney General
- Office of the Illinois Attorney General