FEDERAL WAY SCHOOL DISTRICT – (2022) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2022

FEDERAL WAY SCHOOL DISTRICT – (2022) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2022

Via email: publicrecordsrequest@fwps.org

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2022 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2022.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2022 can be excluded from this request.

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.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst electronic format.

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.

2-7-23

Via email to : publicrecordsrequest@fwps.org

Dear Federal Way School District Public Records Officer,

You stated:

"Pursuant to the Revised Code of Washington (RCW) 42.56.520, the District estimates that we will be able to
provide you with an updated time frame for responsive documents by January 31, 2025."

January 1, 2025 would be a time estimate of 730 days to provide an "updated" time frame. This is not a reasonable estimate of time to provide identified public records.

"We hold that when an agency ignores a request for an extended period of time, such inaction may constitute the constructive denial of records." Cantu v. Yakima School Dist. No. 7 23 Wn. App.2d 57, 514 P.3d 661 (2022)

Please consider this "fair notice."

Please provide a reasonable estimate of time to provide the requested records.

Thank you.