Are Draft Documents Public? Board Considers FOIA Request Appeal and Lawsuit Brought by Spouse of Board Member
BCPS Board of Ed Work Session Meeting, 5/18/26
The May 18, 2026, work session meeting of the Byron Center Public Schools (BCPS) Board of Education started promptly at 5:15 p.m. with President Brenda Hondorp presiding over the meeting. Trustee Rob Hughes was absent.
Public Participation
Being a work session, public comment was up first. One commenter raised a concern around work being done on the northwest corner of the property on the corner of Homerich and 84th. The other commenter encouraged the board, to the best of their ability, to practice transparency with the public regarding the action item and the involvement of a sitting board member’s spouse being involved in a lawsuit against the school district.
Closed Session
After public comments, President Hondorp read a prepared statement from Trustee Tom McCoy recusing himself from anything presented to or before the board regarding his spouse Lisa McCoy’s lawsuit against the district. Following this, the board voted unanimously to go into closed session at 5:20 p.m. Just under an hour later at 6:18 p.m., the board emerged from closed session.
Action Item: FOIA Appeal
The district’s lawyer spoke first, mentioning that she had provided the board with a letter regarding the Freedom of Information Request (FOIA) appeal and response options. The FOIA request in question was regarding the district’s sex education advisory board (SEAB) biannual reports. The lawyer reported the documents provided by the district were consistent with requirements. Complainant Lisa McCoy says the response was a “constructive denial” as the received information was not in a format that allowed them to see the various drafts leading up to the final product and also when and by whom they were authored.
Further, she said a few questions needed to be answered: first, whether the board had denied the initial request. Second, if the board is required to produce the requested information in the requested format and if there are other concerns that need to be considered with regards to said release.
This was followed with conversation by the board. Secretary Thalia Tilma said the board had a great discussion and wants to make sure records are kept of the SEAB for the community and also wants to work with the complainant to provide the requested information.
Trustee Tim Oberst said he agreed that the requested information pursuant to FOIA should be provided but was not in agreement that it needs to be provided in a specific requested format.
Vice President Amber Swift added that upon learning of this concern as a board member she was able to go to the administration to get the background information on the matter at hand. She stated that she would like the complainant to be able to have the same information available to them.
The discussion amongst the board members ended, and the lawyer reiterated that previous draft versions of a document would not be part of the public record and that the number of drafts could be shown but not the drafts themselves.
This led to calling for a motion to reject the FOIA appeal but that the President of the Board (Hondorp) would work with the complainant to get them the information that has been requested. The motion was made by Vice President Swift and supported by Treasurer Brad Wiechertjes. A roll call vote was taken with all present voting members voting yes.
With no further business before the board, the meeting was called to a close at 6:27 p.m.