BELLEVUE SCHOOL DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022

Ludwik Zbadac filed this request with the Bellevue School District of Bellevue, WA.
Tracking #

PRR 11162022-Anon

Status
Completed

Communications

From: Ludwik Zbadac

BELLEVUE SCHOOL DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022.

Via email: publicrecords@bsd405.org

GOOD MORNING!

To whom it may concern,

WASHINGTON STATE OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION - EQUITY AND CIVIL RIGHTS (https://www.k12.wa.us/policy-funding/equity-and-civil-rights):

"The Washington State legislature notes that schools should be a place in which all youth feel safe. With racial equity as a central component of safety and security planning, it is imperative that all school safety and security staff not contribute to an unsafe environment for Black youth and youth of color."

PUBLIC RECORDS REQUEST RCW 42.56

I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:

1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.

Note: If your agency chooses not to produce the requested records in reverse chronological order as requested, and/or chooses to sandbag this request by dribbling out a few records per installment every 6 months (tee-hee), you can expect a separate targeted public records request for each line item by year - submitted via multiple members of the public, multiple times until the requested records are timely produced. This simple three part multi year request would then become twelve (12) separate public records requests. If your agency would prefer 12 separate individual requests, please let us know.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERICAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

From: Bellevue School District

PRR 11162022-Anon

Dear Requestor:
On behalf of the Bellevue School District, I am acknowledging receipt of your public records request, received on November 16, 2022. Your request has been assigned tracking number PRR 11162022-Anon.
I understand your request to be:

I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:

1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
Is this an accurate statement of your request? If not, please let me know.
We have begun locating and gathering records potentially responsive to your request and estimate our first production of records to you will be on or before December 14, 2022. If the records are available sooner, I will provide them to you.

If you have any questions or concerns, please let me know – I’m always happy to help.

Best Regards,
Sarah

P.S. I enjoyed the “tee-hee” in your Records Installments section; that doesn’t turn up in many records requests and it made me laugh. (Also, I promise: no sandbagging.)

From: Bellevue School District

PRR 11162022-Anon

Dear Requestor:

Attached please find the Bellevue School District’s first records production installment in response to your November 16, 2022 request.

* In response to Item #1 (School Safety and Security Data collection report 2019-2022):

This is the first year that BSD’s Security department has been asked to complete the OSPI School Safety and Security Data collection report. As such, the only record responsive to this portion of your request is the attached July 6, 2022 email chain titled “Re: Question about Safety & Security Staff survey.”

* In response to Item #2 (contracts and/or agreements with law enforcement organization or agency 2019-2022):

Attached please find a copy of the BPS and BSD 2013 Interlocal Agreement – September 2013, covering the period from 2013-2020. Due to the district’s shift to remote learning in March of 2020, the Bellevue police officers formerly assigned to the school district returned to patrol duties and have not returned to the district. There are no current contracts with law enforcement organizations or agencies.

* In response to Item #3 (contact information for various safety and security personnel 2019-2022):

Please find the attached Security Department Employee List with contact information for BSD Security staff from 2019-2022. We continue to gather records relating to other safety and security personnel, campus security officers or security guard personal who may be assigned to the district.

I anticipate that our next production of responsive records will be on or before February 10, 2023. If records are available sooner, I will provide them to you.

Please let me know if you have questions.
Best regards,
Sarah

Sarah Kolpacoff
Public Records Officer
General Counsel’s Office
Bellevue School District No. 405
(425) 456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

From: Bellevue School District

PRR 11162022-Anon

Dear Requestor:

We have confirmed that there are no BSD safety and security personnel, campus security officers or security guards other than those whose names and contact information we provided on December 13, 2022.

As there are no additional records responsive to your request, we are closing our file. Please let me know if you have any questions.
Best,
Sarah

Sarah Kolpacoff
Public Records Officer
General Counsel’s Office
Bellevue School District No. 405
(425) 456-4101
publicrecords@bsd405.org<mailto:publicrecords@bsd405.org>

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