Public Access to District Records Access to records Information concerning the administration and operations of the district will be provided to the public as required by the Public Records Act. The purpose of this access is to maintain the public s confidence in the fairness of governmental processes, promote an informed and involved citizenry, and protect the community s interest in the control of its School District. The Board also resolves to preserve the public s trust in the efficient administration of government, and acknowledges the privacy rights of individuals whose records may be maintained by the District. Exemptions to the production of records will be applied when appropriate. This policy is intended to facilitate access to the District s public records without compromising operational efficiency or personal privacy rights. Definitions A "ppublic record" includes any writing containing information relating to the conduct of the school district or the performance of any governmental or proprietary function prepared, owned, used, or retained by the school district regardless of physical form or characteristics. A writing as defined by the Public Records Act means handwriting, typewriting, printing, photostating (e.g., photocopying), photographing, and every other means of recording any form of communication or representation, electronic or otherwise, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. Common Records to be Made Readily Available The superintendent or designee will identify the records most commonly requested and will make such records available on the Ddistrict website. These records will include but not be limited to: District policies; District procedures; School board agendas; School board meeting packets; School board meeting minutes; Description of the district s administrative organization; Current year budget; Instructions for making requests for public records; Instructions for making submittals or requests to the superintendent or school board; and Instructions for obtaining copies of district decisions. District Response to Public Records Requests, Timeliness The district will make reasonable efforts to respond completely to each request for public records promptly. Within five business days of receiving a public record request, the district must respond by either (1) providing the record; (2) providing an internet address and link on the district s web site to the specific records requested; (3) acknowledging that the district has received the request and providing a reasonable estimate of the time the district will require to respond to the request; or (4) denying the public record request. In that event that the request is unclear, the district will contact the requestor within five days to clarify the intent of the request. Once clarified, the district will respond in accordance with the Commented [BH1]: Proposed revisions to existing BSD Policy. Commented [BH2]: This more accurately states the law, which requires access to records, not information. Commented [BH3]: NEW ADD after first reading. Commented [BH4]: This section states the purpose of the policy, based on case law and the Attorney General s Model Rules. See WAC 44-14-010. Commented [BJL5]: The concept has been covered in reference to Public Records Act and compliance to this. Commented [BH6]: Changes in this section are to more closely parallel the statute, RCW 42.56.010, and to make the text internally consistent. Commented [BH7]: This section is addressed in the revised Procedure. Commented [BH8]: NEW addition after first reading. Commented [LMD9]: Should this be moved to another section of policy; maybe towards the end? Commented [BH10]: This section is addressed in the Page 1 of 5
guidelines stated above. If the requestor fails to clarify the request after two attempts by the district to request clarification, the district may consider the request closed. If the district denies any request, in whole or in part, for inspection and copying of records, the district will provide the requesting party with a written statement of the reason for the denial setting forth the specific exemption (and statutory section) which applies. No request will be denied solely on the basis that the request is overbroad. If the record which is requested for inspection and/or copying contains both information exempted from disclosure and nonexempt information, the district will produce as much of the record as possible, with the exempt portion redacted, and will provide a written explanation for the redaction. Copying of Public Records Public records shall be available for inspection and copying during the district s customary office hours. The superintendent or designee may impose rules to protect public records from damage or disorganization and to prevent interference with district functions. The superintendent or designee may elect to respond to a request for copies of public records by making the records available for the requestor to review and copy during the district s customary office hours. When printed copies are made, copies will be provided only in black and white. Records to be Made Available Electronically When Practical To support the public s access to district records and to minimize cost of copying records, the district will make its records available electronically whenever practical. If the requester notifies the district that he or she cannot access the records through the internet, then the district will provide copies of the record or allow the requester to view copies using a district computer. Charges for Copying Public Records The district may charge $0.10/page for records copied, except that: A. The first 100 pages supplied to an individual requestor in a school year will not be charged; B. No charge will be made for locating records or making them available; and C. Electronic copies will not be charged, except for actual cost of storage device used to deliver copies to the requestor. The district may charge actual postage or delivery charges. The district may require a deposit not to exceed 10 percent of the cost of providing copies for a request. Records Not Subject to Public Records Requests The district will not provide records that are (1) highly offensive to a reasonable person, and, at the same time, (2) not of legitimate concern to the public. In addition to this general rule, several kinds of records are specifically exempted from public records requests: Commented [BH11]: This section is addressed in the Commented [BH12]: This section is addressed in the Commented [BH13]: This section will be updated consistent with current law and addressed in the revised Procedure. Commented [BH14]: This section will be updated based on current law and addressed in the Page 2 of 5
A. Records or portions of records the disclosure of which would violate personal rights of privacy (RCW 42.56.210 and RCW 42.56.070). B. Personal information from any file maintained for students (RCW 42.56.230(1)). Information from student records will be disclosed only in accordance with the requirements of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g and adopted in district policy. C. Personal information in files maintained for staff to the extent that disclosure would violate their right to privacy. Requests for verification of employment are not public records and are not subject to the Public Records Act. D. The residence addresses, telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers and emergency contact information of employees or volunteers at a public agency held in personnel records, rosters, and mailing lists (RCW 42.56.250(3)). E. The names, dates of birth, residential addresses and telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers and emergency contact information of dependents of employees and volunteers of a public agency. F. Personally identifiable information for special education students (WAC 392-172A). G. The annual declaration of intent filed by parents for a child to receive home-based instruction (RCW 42.56.320). H. Test questions, scoring keys, or other examination data used to administer academic tests (RCW 42.56.250(1)). I. The contents of real estate appraisals, made for or by the district relative to the acquisition of property, until the project is abandoned or until such time as all of the property has been acquired, but in no event will disclosure be denied for more than three years after the appraisal (RCW 42.56.260). J. Preliminary drafts, notes, recommendations, and intra-district memoranda in which opinions are expressed or policies formulated or recommended, except that a specific record will not be exempt when publicly cited by the district in connection with any district action (RCW 42. 56.280). K. Records which are relevant to a controversy in which the district is a party but which records would not be available to another party under the rules of pretrial discovery for cases pending in the superior courts (RCW 42.56.290). Maintenance of Indexes Because a large volume of public records is continuously generated and filed by the various offices and schools dispersed throughout the district, the school board of directorsboard finds that developing and maintaining a single index of these records would be impracticable and unduly burdensome on the district. However, any indexes of the records that are maintained by the individual offices shall be made available to members of the public upon request. Costs of Producing Records Commented [BH15]: The Board previously made this resolution, consistent with RCW 42.56.070(4). The changes further secure the resolution, adding in the element of continuous generation of records. Page 3 of 5
The Board finds that it would be unduly burdensome to calculate the actual costs of providing copies of public records, given the multiple electronic and manual devices used to do so, as well as the fluctuating costs of District supplies, equipment, and labor, Therefore, rather than charging actual costs of copying records, the District will charge the amounts authorized by statute. The District retains the discretion to waive copying and other charges assessed for requests. Charges shall be waived in circumstances including, but not limited to, the following: a) a student enrolled in the District requests records in connection with a research project assigned in a District course; b) a requestor states a financial hardship; and c) the cost of processing payments exceeds the costs associated with the request. therefore we have adopted INCLUDE LANGUAGE RE ALTERNATIVE FEE COLLECTION (DEFAULT). Public Records Officer and Administrative Procedures The superintendent or designee will shall appoint a Public Records Officer or designee will serve as public records officer with responsibility and and authorityy for ensuring compliance with this policy, and with state and federal law pertaining to public records. The Public Records Officer shall be trained in best practices in the administration of public records. The Public Records Officer As public records officer, the superintendent or designee will serve as the point of contact for and will provide assistance to members of the public who request access to public records. authorize the inspection and copying of the district s records in accordance with the criteria set forth in this policy. The public records officer will inform any employee and appropriate collective bargaining unit representative when a record naming the employee has been requested. The employee and representative will be informed of the district s response to the request. Interpretation of this Policy The district and board of directors recognize and affirm the right of the public to be fully informed about school district operations. As such, this policy will be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. Public Records Procedure The superintendent will develop procedures to implement this policy. Commented [BH16]: This resolution, consistent with legislation passed in 2017, RCW 42.56.120(2)(b), allows the District to adopt the State s default cost provisions for public records. Commented [BH17]: NEW paragraph added after first reading. Commented [BH18]: The Superintendent should appoint the PRO, who is responsible for compliance with the Act. RCW 42.56.580; WAC 44-14-020(3). These changes also reflect the aspect of service to the public. Commented [BH19]: Informing bargaining units is a Human Resources function. Commented [BH20]: These ideas are addressed in the opening paragraph. The Act is to be liberally construed. Cross Reference: Board Policy 3231 Board Policy 4041 Board Policy 5260 Board Policy 6955 Student Privacy Records Records Retention Personnel Records Maintenance of Facilities Records Legal Reference: Chapter 40.14 RCW Preservation and destruction of public records Chapter 42.17A RCW Campaign Disclosure and Contribution Disclosure Campaign Finances Lobbying Chapter 42.56 RCW Public Records Act Page 4 of 5
WAC 392-172A 20 U.S.C. 1232g WAC 44-14 Rules for the provision of special education Federal Education Rights Family Educational Rights and Privacy Act (FERPA) Public Records Act Model Rules Commented [BH21]: Needs formatting to move WAC 44-14 to left Management Resources: Policy News, February 2010 Federal Education Family Educational Rights and Privacy Act Revisions Adoption Date: 12.18.12 Bellevue School District Revised: Policy News, June 2006 Public Records Act Policy News, October 2005 Public Disclosure Washington State Office of the Attorney General, Open Government Training Commented [BH22]: References may need updating. WSSDA model policy cites 2017 July Issue, 2015 December Issue, 2015 April Issue, 2012 April Issue Commented [BJL23]: Upon review the policy committee discussed whether this was a useful reference for the public and other staff. While it is useful in terms of the drafter s reference to history, these publications are not publicly available, and the publication title has also changed. The policy committee agreed that these may not be a useful reference going forward, but if it was maintained, it would need to include a full citation, including publisher. Page 5 of 5