HIGHLINE PUBLIC SCHOOLS DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)

Niko Tutkia filed this request with the Highline Public Schools District of Burien, WA.
Tracking #

P000444-121322

Due Nov. 28, 2022
Est. Completion March 14, 2023
Status
Awaiting Response

Communications

From: Niko Tutkia

HIGHLINE PUBLIC SCHOOLS DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)

Via email: publicrecordsrequest@highlineschools.org

GOOD MORNING!

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. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.

2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.

3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.

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.

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.

COMMERCIAL 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.

WAC 44-14-03001 - "Public record" defined.

For most public records, the act uses a three-part test to determine if a record is a "public record." The document must be: A "writing," containing information "relating to the conduct of government" or the performance of any governmental or proprietary function, "prepared, owned, used, or retained" by an agency.
(1) Writing. A "public record" can be any writing "regardless of physical form or characteristics." RCW 42.56.010(3). "Writing" is defined very broadly as: "… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation 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." RCW 42.56.010(4). An email, text, social media posting and database are therefore also "writings."
(2) Relating to the conduct of government. To be a "public record," a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.56.010(3).1 Almost all records held by an agency relate to the conduct of government.
(3) "Prepared, owned, used, or retained." A "public record" is a record "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
A record can be "used" by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process it is a "public record."4 For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a "public record" because the agency "used" the document in its decision-making process.5 The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a public record to a third party for the sole purpose of avoiding disclosure.
Sometimes agency employees or officials may work on agency business from home computers or on other personal devices, or from nonagency accounts (such as a nonagency email account), creating and storing agency records on those devices or in those accounts. When the records are prepared, owned, used or retained within the scope of the employee's or official's employment, those records (including emails, texts and other records) were "used" by the agency and relate to the "conduct of government" so they are "public records."7 RCW 42.56.010(3). Agencies should instruct employees and officials that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees and officials to keep agency-related documents with any retention requirements on home computers or personal devices in separate folders temporarily, until they are provided to the agency. An agency could also require an employee or official to routinely blind carbon copy ("bcc") work emails in a personal account back to an agency email account. If the agency receives a request for records that are located solely on employees' or officials' home computers or personal devices, or in personal accounts, the agency should direct the individual to search for and provide any responsive documents to the agency, and the agency should process the request as it would if the records were on the agency's computers or in agency-owned devices or accounts. The agency employee or official may be required by the agency to sign an affidavit describing the nature and extent of his or her search for and production of responsive public records located on a home computer or personal device, or in a nonagency account, and a description of personal records not provided with sufficient facts to show the records are not public records.

From: Highline Public Schools District

Dear :
Thank you for your interest in public records of Highline Public Schools. Your request has been received and is being processed in accordance with the State of Washington Public Records Act, Chapter 42.56 RCW. Your request was received in this office on 12/6/2022 and given the reference number P000430-120622 for tracking purposes.  NOTE:  The day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the agency are also excluded in the calculation.  If your request has been submitted on the weekend, or on a holiday, the date received is the next business day. Records Requested: See Attached
Not all public documents are available in electronic format. If the document(s) requested are not available electronically, we will make them available for inspection or by paper copy in accordance with the Public Records Act, Chapter 42.56 RCW.

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The State of Washington Public Records Act, Chapter 42.56 RCW, does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Center. Highline Public Schools
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)

From: Highline Public Schools District

Dear :
Thank you for your interest in public records of Highline Public Schools. Your request has been received and is being processed in accordance with the State of Washington Public Records Act, Chapter 42.56 RCW. Your request was received in this office on 12/6/2022 and given the reference number P000431-120622 for tracking purposes.  NOTE:  The day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the agency are also excluded in the calculation.  If your request has been submitted on the weekend, or on a holiday, the date received is the next business day. Records Requested: See Attached
Not all public documents are available in electronic format. If the document(s) requested are not available electronically, we will make them available for inspection or by paper copy in accordance with the Public Records Act, Chapter 42.56 RCW.

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The State of Washington Public Records Act, Chapter 42.56 RCW, does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Center. Highline Public Schools
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)

From: Highline Public Schools District

--- Please respond above this line ---


RE: PUBLIC RECORDS REQUEST of December 06, 2022, Reference # P000430-120622, Closing Letter Highline Public Schools received two public records requests from you on December 6, 2022. We are responding to the two requests that were receive in an email box that is not used to receive or respond to public records requests. The emailed requests are both electronically date stamped December 1, 2022. Both requests are for the same records. The District has determined that the public records requests are bot requests. According to RCW 42.56.080 (3) “An agency may deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four hour period, if the agency establishes that responding to the multiple requests would cause excessive interference with other essential functions of the agency. For purposes of this subsection, "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script. Public records request Reference #P000430-120622 and P000431-120622 are now closed.
Let us know if you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=430&coid=)

From: Highline Public Schools District

--- Please respond above this line ---


RE: PUBLIC RECORDS REQUEST of December 06, 2022, Reference # P000431-120622, Closing Letter
Highline Public Schools received two public records requests from you on December 6, 2022. We are responding to the two requests that were receive in an email box that is not used to receive or respond to public records requests. The emailed requests are both electronically date stamped December 1, 2022. Both requests are for the same records. The District has determined that the public records requests are bot requests. According to RCW 42.56.080 (3) “An agency may deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four hour period, if the agency establishes that responding to the multiple requests would cause excessive interference with other essential functions of the agency. For purposes of this subsection, "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script. Public records request Reference #P000430-120622 and P000431-120622 are now closed.
Let us know if you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=431&coid=)

From: Highline Public Schools District

Dear ,

RE: PUBLIC RECORDS REQUEST of December 06, 2022, Reference # P000430-120622

The Highline Public Schools has reviewed your request and has determined that the records requested are exempt from disclosure under Public Records Act for the following reasons:

[FOIA_EXEMPTIONS]

If you have any questions or need additional information, please feel free to contact my office at .

Sincerely,

Public Records Inbox
Policy & Strategy

To view the full details of this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)

From: Highline Public Schools District

Dear ,

RE: PUBLIC RECORDS REQUEST of December 06, 2022, Reference # P000431-120622

The Highline Public Schools has reviewed your request and has determined that the records requested are exempt from disclosure under Public Records Act for the following reasons:

[FOIA_EXEMPTIONS]

If you have any questions or need additional information, please feel free to contact my office at .

Sincerely,

Public Records Inbox
Policy & Strategy

To view the full details of this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)

From: Niko Tutkia

Hello,

As you are well aware this is not a "bot" request. But no problem.

PUBLIC RECORDS REQUEST - RESUBMITTAL - PUBLIC RECORDS REQUEST RCW 42.56 - December 8, 2022

Highline Public Schools District
Washington Public Records Act Office
15675 Ambaum Blvd. SW
Burien, WA 98166

December 8, 2022

HIGHLINE PUBLIC SCHOOLS DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)

Via email: publicrecordsrequest@highlineschools.org

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. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.

2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.

3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.

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.

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.

COMMERCIAL 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.

WAC 44-14-03001 - "Public record" defined.

For most public records, the act uses a three-part test to determine if a record is a "public record." The document must be: A "writing," containing information "relating to the conduct of government" or the performance of any governmental or proprietary function, "prepared, owned, used, or retained" by an agency.
(1) Writing. A "public record" can be any writing "regardless of physical form or characteristics." RCW 42.56.010(3). "Writing" is defined very broadly as: "… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation 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." RCW 42.56.010(4). An email, text, social media posting and database are therefore also "writings."
(2) Relating to the conduct of government. To be a "public record," a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.56.010(3).1 Almost all records held by an agency relate to the conduct of government.
(3) "Prepared, owned, used, or retained." A "public record" is a record "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
A record can be "used" by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process it is a "public record."4 For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a "public record" because the agency "used" the document in its decision-making process.5 The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a public record to a third party for the sole purpose of avoiding disclosure.
Sometimes agency employees or officials may work on agency business from home computers or on other personal devices, or from nonagency accounts (such as a nonagency email account), creating and storing agency records on those devices or in those accounts. When the records are prepared, owned, used or retained within the scope of the employee's or official's employment, those records (including emails, texts and other records) were "used" by the agency and relate to the "conduct of government" so they are "public records."7 RCW 42.56.010(3). Agencies should instruct employees and officials that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees and officials to keep agency-related documents with any retention requirements on home computers or personal devices in separate folders temporarily, until they are provided to the agency. An agency could also require an employee or official to routinely blind carbon copy ("bcc") work emails in a personal account back to an agency email account. If the agency receives a request for records that are located solely on employees' or officials' home computers or personal devices, or in personal accounts, the agency should direct the individual to search for and provide any responsive documents to the agency, and the agency should process the request as it would if the records were on the agency's computers or in agency-owned devices or accounts. The agency employee or official may be required by the agency to sign an affidavit describing the nature and extent of his or her search for and production of responsive public records located on a home computer or personal device, or in a nonagency account, and a description of personal records not provided with sufficient facts to show the records are not public records.

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From: Highline Public Schools District

Dear :
Thank you for your interest in public records of Highline Public Schools. Your request has been received and is being processed in accordance with the State of Washington Public Records Act, Chapter 42.56 RCW. Your request was received in this office on 12/13/2022 and given the reference number P000444-121322 for tracking purposes.  NOTE:  The day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the agency are also excluded in the calculation.  If your request has been submitted on the weekend, or on a holiday, the date received is the next business day. Records Requested: December 8, 2022
HIGHLINE PUBLIC SCHOOLS DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)
Via email: publicrecordsrequest@highlineschools.org
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. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.
2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.
3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.
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.
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.
COMMERCIAL 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.
WAC 44-14-03001 - "Public record" defined.
For most public records, the act uses a three-part test to determine if a record is a "public record." The document must be: A "writing," containing information "relating to the conduct of government" or the performance of any governmental or proprietary function, "prepared, owned, used, or retained" by an agency.
(1) Writing. A "public record" can be any writing "regardless of physical form or characteristics." RCW 42.56.010(3). "Writing" is defined very broadly as: "… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation 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." RCW 42.56.010(4). An email, text, social media posting and database are therefore also "writings."
(2) Relating to the conduct of government. To be a "public record," a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.56.010(3).1 Almost all records held by an agency relate to the conduct of government.
(3) "Prepared, owned, used, or retained." A "public record" is a record "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
A record can be "used" by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process it is a "public record."4 For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a "public record" because the agency "used" the document in its decision-making process.5 The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a public record to a third party for the sole purpose of avoiding disclosure.
Sometimes agency employees or officials may work on agency business from home computers or on other personal devices, or from nonagency accounts (such as a nonagency email account), creating and storing agency records on those devices or in those accounts. When the records are prepared, owned, used or retained within the scope of the employee's or official's employment, those records (including emails, texts and other records) were "used" by the agency and relate to the "conduct of government" so they are "public records."7 RCW 42.56.010(3). Agencies should instruct employees and officials that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees and officials to keep agency-related documents with any retention requirements on home computers or personal devices in separate folders temporarily, until they are provided to the agency. An agency could also require an employee or official to routinely blind carbon copy ("bcc") work emails in a personal account back to an agency email account. If the agency receives a request for records that are located solely on employees' or officials' home computers or personal devices, or in personal accounts, the agency should direct the individual to search for and provide any responsive documents to the agency, and the agency should process the request as it would if the records were on the agency's computers or in agency-owned devices or accounts. The agency employee or official may be required by the agency to sign an affidavit describing the nature and extent of his or her search for and production of responsive public records located on a home computer or personal device, or in a nonagency account, and a description of personal records not provided with sufficient facts to show the records are not public records.
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137182
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Not all public documents are available in electronic format. If the document(s) requested are not available electronically, we will make them available for inspection or by paper copy in accordance with the Public Records Act, Chapter 42.56 RCW.

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The State of Washington Public Records Act, Chapter 42.56 RCW, does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Center. Highline Public Schools
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)

From: Highline Public Schools District

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of December 13, 2022, Reference # P000444-121322 Five-Day Letter
Dear137182 ,

Highline Public Schools received a public records request from you on December 13, 2022. We are responding to a request that you sent to anemail box in our District that is not used to receive or respond to publicrecords requests. The email box is not monitored for new requests or requesterresponses. When you emailed your request, you should have received an automaticreply directing you to this portal or US Mail. We noticed that you did notcreate a new request, therefore, we created one for you. Please discontinuesending requests and responses to any email boxes in the District. We have setup several ways to receive and respond to public records requests. For moreinformation, login into our website at: http://https//www.highlineschools.org/departments/records/public-records (http://https/www.highlineschools.org/departments/records/public-records) All requests are processed though this portalaccording to our procedures. You indicated that you do not wish to correspondwith us through this portal due to the need to create a login and password. Wewould like to inform you that we have 2 ways of communicating with requesters,though this portal and through U.S, Mail at: Highline Public Schools 15675Ambaum Blvd. SW, Burien, WA 98166, Attn: Public Records Officer. We willprepare all correspondence through the portal according to our procedures. All correspondencethat we prepare will be automatically emailed to you. If you do not wish to loginto this portal to respond to us, please send all correspondence through USMail. This request may be expensive and time consuming tofulfill due to the large volume of records that you requested. All responsiverecords will be provided to you in installments, and you will be billed foreach installment as they are produced. You may be required to pay 10% of thetotal charge for the responsive records prior to the District releasing yourfirst installment. The District will provide an estimated cost to you only ifwill not delay processing this request. The District will provide the records to you in numerical order, by subject and year only if producing the records that order will not cause a delay in producing the records to you. The District will only be able toprovide the records to you to the extent that the records are in the District'spossession.. Responsive documents will be producedin Adobe PDF Format and will be available to you through this portal. If you donot wish to receive the records through this portal, you may pay for therecords to be loaded onto a cd. You requested the following documents: "December 8, 2022
HIGHLINE PUBLIC SCHOOLS DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)
Via email: publicrecordsrequest@highlineschools.org
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. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.
2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.
3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.
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.
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.
COMMERCIAL 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.
WAC 44-14-03001 - "Public record" defined.
For most public records, the act uses a three-part test to determine if a record is a "public record." The document must be: A "writing," containing information "relating to the conduct of government" or the performance of any governmental or proprietary function, "prepared, owned, used, or retained" by an agency.
(1) Writing. A "public record" can be any writing "regardless of physical form or characteristics." RCW 42.56.010(3). "Writing" is defined very broadly as: "… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation 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." RCW 42.56.010(4). An email, text, social media posting and database are therefore also "writings."
(2) Relating to the conduct of government. To be a "public record," a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.56.010(3).1 Almost all records held by an agency relate to the conduct of government.
(3) "Prepared, owned, used, or retained." A "public record" is a record "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
A record can be "used" by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process it is a "public record."4 For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a "public record" because the agency "used" the document in its decision-making process.5 The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a public record to a third party for the sole purpose of avoiding disclosure.
Sometimes agency employees or officials may work on agency business from home computers or on other personal devices, or from nonagency accounts (such as a nonagency email account), creating and storing agency records on those devices or in those accounts. When the records are prepared, owned, used or retained within the scope of the employee's or official's employment, those records (including emails, texts and other records) were "used" by the agency and relate to the "conduct of government" so they are "public records."7 RCW 42.56.010(3). Agencies should instruct employees and officials that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees and officials to keep agency-related documents with any retention requirements on home computers or personal devices in separate folders temporarily, until they are provided to the agency. An agency could also require an employee or official to routinely blind carbon copy ("bcc") work emails in a personal account back to an agency email account. If the agency receives a request for records that are located solely on employees' or officials' home computers or personal devices, or in personal accounts, the agency should direct the individual to search for and provide any responsive documents to the agency, and the agency should process the request as it would if the records were on the agency's computers or in agency-owned devices or accounts. The agency employee or official may be required by the agency to sign an affidavit describing the nature and extent of his or her search for and production of responsive public records located on a home computer or personal device, or in a nonagency account, and a description of personal records not provided with sufficient facts to show the records are not public records.
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137182
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.: To correspond with us, log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/supporthome.aspx) , and reference your Public Records Request (Add Reference Number),  or by US. Mail at Highline Public Schools, 15675 Ambaum Blvd. SW, Burien, WA  98166. Include your Reference Number in your correspondence. Discontinue utilizing email boxes that are not set up to receive responses from requesters, Again, we ask that you utilize either this portal or US Mail to communicate with us. We are not responsible for delayed, lost, or unanswered responses sent to email boxes throughout the District. Please review a copy of our fee schedul e which is located here https://www.highlineschools.org/departments/records/public-records. We will inform you in advance if charges will apply and you will be given an opportunity to consent to the charges in advance. (https://www.highlineschools.org/departments/records/public-records) We will notify you by March 14, 2023, to provide you with an estimated cost. The estimated time frame is based on the following factors: The volume and complexity of other public records requests currently pending with the District The volume and complexity of your request The fact that you requested records that may need to be redacted and redaction log created The fact that the district will be closed for an upcoming holiday Let us know if you have any questions. Sincerely, Michelle Terry Certified Public Records Officer
Policy & Strategy

From: Niko Tutkia

12-16-2022

via email to: michelle.terry@highlineschools.org

Hello, please see my ORIGINAL PUBLIC RECORDS ACT REQUEST:

Highline Public Schools District
Washington Public Records Act Office
15675 Ambaum Blvd. SW
Burien, WA 98166

December 1, 2022

HIGHLINE PUBLIC SCHOOLS DISTRICT – (2022-2020) Internet Access Devices - Wi-Fi "Hotspots" or District provided Internet Access Devices and related Internet Access Device Usage Information (2022-2020)

Via email: publicrecordsrequest@highlineschools.org

GOOD MORNING!

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. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.

2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.

3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.

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.

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.

COMMERCIAL 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.

WAC 44-14-03001 - "Public record" defined.

For most public records, the act uses a three-part test to determine if a record is a "public record." The document must be: A "writing," containing information "relating to the conduct of government" or the performance of any governmental or proprietary function, "prepared, owned, used, or retained" by an agency.
(1) Writing. A "public record" can be any writing "regardless of physical form or characteristics." RCW 42.56.010(3). "Writing" is defined very broadly as: "… handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation 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." RCW 42.56.010(4). An email, text, social media posting and database are therefore also "writings."
(2) Relating to the conduct of government. To be a "public record," a document must relate to the "conduct of government or the performance of any governmental or proprietary function." RCW 42.56.010(3).1 Almost all records held by an agency relate to the conduct of government.
(3) "Prepared, owned, used, or retained." A "public record" is a record "prepared, owned, used, or retained" by an agency. RCW 42.56.010(3).
A record can be "used" by an agency even if the agency does not actually possess the record. If an agency uses a record in its decision-making process it is a "public record."4 For example, if an agency considered technical specifications of a public works project and returned the specifications to the contractor in another state, the specifications would be a "public record" because the agency "used" the document in its decision-making process.5 The agency could be required to obtain the public record, unless doing so would be impossible. An agency cannot send its only copy of a public record to a third party for the sole purpose of avoiding disclosure.
Sometimes agency employees or officials may work on agency business from home computers or on other personal devices, or from nonagency accounts (such as a nonagency email account), creating and storing agency records on those devices or in those accounts. When the records are prepared, owned, used or retained within the scope of the employee's or official's employment, those records (including emails, texts and other records) were "used" by the agency and relate to the "conduct of government" so they are "public records."7 RCW 42.56.010(3). Agencies should instruct employees and officials that all public records, regardless of where they were created, should eventually be stored on agency computers. Agencies should ask employees and officials to keep agency-related documents with any retention requirements on home computers or personal devices in separate folders temporarily, until they are provided to the agency. An agency could also require an employee or official to routinely blind carbon copy ("bcc") work emails in a personal account back to an agency email account. If the agency receives a request for records that are located solely on employees' or officials' home computers or personal devices, or in personal accounts, the agency should direct the individual to search for and provide any responsive documents to the agency, and the agency should process the request as it would if the records were on the agency's computers or in agency-owned devices or accounts. The agency employee or official may be required by the agency to sign an affidavit describing the nature and extent of his or her search for and production of responsive public records located on a home computer or personal device, or in a nonagency account, and a description of personal records not provided with sufficient facts to show the records are not public records.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137182
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

When can I expect a first installment of records?

Thank you.

From: Niko Tutkia

12-21-22

via email to: ivan.duran@highlineschools.org

Hello,

Highline School District public records officer Michelle Terry is not responding to email questions regarding this public records request (attached). Please provide assistance.

Thank you.

From: Niko Tutkia

12-21-22

via email to: catherine.carbone@highlineschools.org

Hello,

Highline School District public records officer Michelle Terry is not responding to email questions regarding this public records request (attached). Please provide assistance.

Thank you.

From: Niko Tutkia

12-21-22

via email to: holly.ferguson@highlineschools.org

Hello,

Highline School District public records officer Michelle Terry is not responding to email questions regarding this public records request (attached). Please provide assistance.

Thank you.

From: Niko Tutkia

12-21-22

via email to: kisa.hendrickson@highlineschools.org

Hello,

Highline School District public records officer Michelle Terry is not responding to email questions regarding this public records request (attached). Please provide assistance.

Thank you.

From: Niko Tutkia

01-09-23

via email to Publicrecordsrequest@highlineschools.org

Hello,

Can someone please respond to my request for information re: this public records request? Thank you.

From: Niko Tutkia

01-26-23

via email to Publicrecordsrequest@highlineschools.org

Hello,

I have received no response from your agency to my last 6 emails inquiring about my public records request dated 12/01/2022.

1. Is your Agency processing this public records request?
2. When can I expect to receive documents responsive to my request?

If I do not receive a response to this 7th inquiry regarding this request, take notice of my intent to seek judicial relief under RCW 42.56.550.

Thank you.

From: Highline Public Schools District

Attachments:
P000444_Copy_to_Requester.pdf (https://highlineschool.mycusthelp.com/WEBAPP/_rs/DownloadItemFile.aspx?iid=dFgx3nhRaTw=&fid=hGIkW96JwF96KiAE0o1z751fTtvsjwWP3DC7rgWVkeg=&cid=9nn35dJeGpU=)

--- Please respond above this line ---


RE: PUBLIC RECORDS REQUEST of December 13, 2022., Reference # P000444-121322. Letter
See a copy of our letter dated December 14, 2022 sent to you through this portal. Although you are not required to login to view our responses, we also mailed a copy to you. We understand that you do not wish to use the portal to communicate with us. We would like to inform you that the portal is the most efficient way to communicate with us, although you are not required to utilize this portal. We have setup several ways to receive and respond to public records requests. For more information, login into our website at: http://https//www.highlineschools.org/departments/records/public-records (http://https/www.highlineschools.org/departments/records/public-records) .  Send your responses to us through this portal or U.S, Mail at: Highline Public Schools 15675Ambaum Blvd. SW, Burien, WA 98166, Attn: Public Records Officer. Please discontinue sending requests and responses to any email boxes in the District.
Thank you,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=444&coid=)

From: Highline Public Schools District

An interim response, stating the request is being processed.

From: Highline Public Schools District

"RE: PUBLIC RECORDS REQUEST of December 13, 2022., Reference # P000444-121322. First Installment

Dear 137182 ,

We have completed you first installment. The first section of your request number 1, 2, and 3 is exempt according to RCW 42.56.420 (4), Information regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets. The District is withholding the records because releasing the records would cause a security risk to the District.

I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.

These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Answer: The records are exempt according to RCW 42.56.420 (4). This portion of your request is closed.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.

2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Answer: The records are exempt according to RCW 42.56.420 (4). This portion of your request is closed.

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.

3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Answer: The records are exempt according to RCW 42.56.420 (4).

Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.


Please review your installment within thirty (30) days. Pursuant to RCW 42.56.120, “If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.”

To correspond with us, log into the Records Center, andreference your Public Records Request (Add Reference Number), or by US.Mail at Highline Public Schools, 15675 Ambaum Blvd. SW, Burien, WA 98166.Include your Reference Number in your correspondence. Discontinue utilizingemail boxes that are not set up to receive responses from requesters, Again, weask that you utilize either this portal or US Mail to communicate with us. Weare not responsible for delayed, lost, or unanswered responses sent to emailboxes throughout the District.

The District will continue working on the next installment of records responsive to your request and will notify you by May 24, 2023, to provide you with your next installment.

Sincerely,

Michelle Terry"

From: Highline Public Schools District

--- Please respond above this line ---


RE: PUBLIC RECORDS REQUEST of December 13, 2022., Reference # P000444-121322. Amended First Installment (Amended to remove incorrect and duplicate letters)

Dear 137182,
The District completed you first installment. Your request, except for invoices, receipts, and costs of the access devices, is exempt from disclosure according to RCW 42.56.420 (4),  Information regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets. The District is withholding the records because releasing the records would cause a security risk. Releasing the records would give access to internal account controls leaving the District open to impersonating ownership of the devices and compromising the internal security of the District's computing environment.
The following is what you requested:
I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2022.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2022.
Answer: The records are exempt according to RCW 42.56.420 (4). This portion of your request is closed except for the invoices, receipts, and costs of the access devices. The invoices will be provided in installments.
2. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2021.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2021.
Answer: The records are exempt according to RCW 42.56.420 (4). This portion of your request is closed except for the invoices, receipts, and costs of the access devices. The invoices will be provided in installments.
3. Please provide all "Public Records" (as defined by WAC 44-14-03001) available regarding any and all internet routers, internet access points, wireless access points, "Hotspots," "Mobile Hotspots," "Cellular Hotspots," and any other physical hardware internet access devices provided by your agency (or donated on behalf of your agency) to employees, contractors, students, or the general public in the year 2020.
These records should include all invoices, receipts, and costs of the access devices themselves. Also all device serial numbers, device services providers, device ip addresses, device MAC addresses, device telephone numbers, device email addresses, and any other device specific identifying and device specific location information.
Also include any usage logs for the devices, device audit logs, as well as any reports of any theft of or misuse of the access devices including complaints or allegations of online/internet misconduct, hacking, or harassment/bullying of any kind in association with the use of any of these internet access devices provided by your agency in 2020.
Answer: The records are exempt according to RCW 42.56.420 (4). This portion of your request is closed except for the invoices, receipts, and costs of the access devices. The invoices will be provided in installments.
Please review this letter within thirty (30) days.  Pursuant to RCW 42.56.120, “If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.”
To correspond with us, log into the Records Center, and reference your Public Records Request (Add Reference Number),  or by US .Mail at Highline Public Schools, 15675 Ambaum Blvd. SW, Burien, WA  98166.Include your Reference Number in your correspondence. Discontinue utilizing email boxes that are not set up to receive responses from requesters, Again, we ask that you utilize either this portal or US Mail to communicate with us. We are not responsible for delayed, lost, or unanswered responses sent to email boxes throughout the District.
The District will continue working on the next installment of records responsive to your request and will notify you by May 24, 2023.
Sincerely,

Michelle Terry
Certified Public Records Officer
Policy & Strategy

From: Niko Tutkia

03-18-23

via email to Publicrecordsrequest@highlineschools.org

Hello,

You stated:

"The District completed you first installment. Your request, except for invoices, receipts, and costs of the access devices, is exempt from disclosure according to RCW 42.56.420 (4), Information regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets. The District is withholding the records because releasing the records would cause a security risk. Releasing the records would give access to internal account controls leaving the District open to impersonating ownership of the devices and compromising the internal security of the District's computing environment."

Please provide all records you are claiming are "exempt for disclosure" with appropriate claimed redactions and a redaction log per Washington state law.

Thank you.

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