Understanding FOIA in Louisiana

Since 1967, the federal Freedom of Information Act (FOIA) has guaranteed the public’s right to access records held by government agencies. FOIA itself applies to federal agencies, but it set the legal and cultural expectation of transparency that every state has since built on—extending the same basic right to state and local government bodies, including public school districts. Because districts are funded by taxpayers and governed by elected boards, that standard applies to them too, and it covers more than paper records: it covers what they post on social media.

How Louisiana Extends FOIA

Louisiana establishes this right at the state level through the Louisiana Public Records Law, La. R.S. 44:1 et seq., which applies to every public body, including parish school boards, and defines a public record as any document used or prepared for public business, regardless of physical form or characteristics, including electronically stored information. Act 770 of 2022 added database content to that definition and gave custodians five business days to issue a written determination when they question whether a record is public, and Act 493 of 2024 made the public body responsible for penalties when a custodian fails to respond. Louisiana courts and Attorney General opinions have also treated text messages and public business conducted on private accounts or devices as public records. For districts, that means posts, comments, and messages on official social media accounts should be managed as public records, ready to search and produce on request.

What This Means for Louisiana School Social Media

• Every post, comment, edit, and deletion across your district’s official accounts may be subject to disclosure—not just what’s currently visible on the page.
• Louisiana custodians must produce records promptly and owe a written determination within five business days when a record’s status is in question—so your team needs records ready to search.
• Louisiana requires records to be kept for the period in an approved schedule, or at least three years when none applies, and retention follows content rather than format, so social media content needs the same retention discipline as paper files.
• Some content may be exempt from disclosure (e.g., FERPA-protected student information), but knowing what qualifies requires careful, consistent review.
• Without an automated system, gathering this information manually can take days; Class Intercom captures it in real time so your team is always ready.