KENT SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021

J Tikalsky filed this request with the Kent School District of Kent, WA.

It is a clone of this request.

Tracking #

22-23-63

Due Dec. 14, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: J Tikalsky

KENT SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021

Via email: PublicRecords@Kent.k12.wa.us

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 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 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.

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.

From: Kent School District

Good afternoon,

We are in receipt of this request, however, we received a similar request for number:

requests@muckrock.com

Both asking for 2020 records, is this the same request ?

From: J Tikalsky

Hello,

I do not know what you are asking.

This request is

From: requests@muckrock.com
Dated: December 1, 2022
To: PublicRecords@Kent.k12.wa.us

Does that answer your question?

Thank you.

From: Kent School District

Good Morning,

This request id is 137303-75006063 and is asking for the following:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.
The District has also received request id 137062-28667911 for the following:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

Both requests are asking for the year 2020 records. Would you like to close one of these of requests?

Sincerely,

[cid:image001.png@01D90E15.12CE6AC0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: J Tikalsky

Hello,

Apologies for the TYPO. CORRECTED REQUEST IS AS FOLLOWS:

KENT SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021

Via email: PublicRecords@Kent.k12.wa.us

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 2021 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2021.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2021 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.

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.

From: J Tikalsky

January 6, 2023

KENT SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021

Via email: PublicRecords@Kent.k12.wa.us

Hello,

What is the status of my public records request? When can I expect to receive records? Why is your agency not responding to email requests for information?

Thank you.

From: Kent School District

Good morning,

Our sincerest apologies for the error, it appears we responded to the request and sent the correspondence to the request for the 2020 SY records request from your agency. Please see our response below.

Sincerely,

Tyler inboden

From: J Tikalsky

January 6, 2023

Via email: PublicRecords@Kent.k12.wa.us

RE: Online Payment Account Set up Directions document

I don't understand what this "Online Payment Account Set up Directions document" is? This does not appear to be an installment of the records requested.

This is tiresome. Please provide the records requested. Can you please have your supervisor handle this? What is the name of your supervisor please?

Thank you.

From: Kent School District

Good Afternoon,

On December 15th, 2022 you submitted a corrected Public Records Request after we reached out for clarification for the following:

Apologies for the TYPO. CORRECTED REQUEST IS AS FOLLOWS:

KENT SCHOOL DISTRICT – (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021.

The district responded January 3, 2023 once we reopened after the holiday the break. However, the email sent to another mail box within your agency as we have multiple requests for the same thing just different schools years.

Based on the information provided, the estimated preliminary cost is $87.50 with a 10% deposit of $8.75.

The attached form will direct you to Kent School District's online payment account system. Once you make your deposit, you will receive a receipt for the payment and the district will begin processing request. Your Public Records number is 22-23-63

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and

4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Any applicable copying costs must be received by the District before the District discloses records. Additionally, District Procedure 4040P and RCW 42.56.120 authorize the District to require a deposit of up to ten percent of the total estimated costs of providing copies for a request.

If you would like to narrow your scope or provide additional information to help reduce the amount, please let us know.
Sincerely,

[cid:image001.png@01D921CE.4F205980]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: J Tikalsky

1-16-2023

via email: PublicRecords@Kent.k12.wa.us

Hello,

1. I am not an "agency." If a person has an email account via AOL or GMAIL it does not mean that person represents America Online or Google. I am an individual who has made a public records request of your WASHINGTON STATE AGENCY.
2. For the 3rd time, provide a DETAILED INVOICE for the$87.50 in fees your agency is requesting. What records will be provided and how the fees for these records are being calculated.

THANK YOU

From: Kent School District

Good Morning,

Thank you for your email, your request is for the following: (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021.

The preliminary 7,000 responsive items includes but is not limited to all emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to a request.

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and
4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Please see where it states every four electronic files is five cents. Each email when downloaded from our server is considered an electronic file. Each responsive pdf, photo, spreadsheet is considered an electronic document per RCW 42.56.120.

For your convenience, please see attached Kent School District’s online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-63

At this time we have provided you the utmost assistance.

Sincerely,

[cid:image001.png@01D92A59.0956A6F0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: J Tikalsky

1-18-23

via email to: Tyler.Inboden@kent.k12.wa.us

Hello,

Your fee proposal seems inflated.

"Each email when downloaded from our server is considered an electronic file. Each responsive pdf, photo, spreadsheet is considered an electronic document per RCW 42.56.120."

Individual emails downloaded from your server are not an individual "electronic file." When calculating fees your should take into account standard bundling and compression. Emails are also not downloaded per email but in batches and in other bundled formats. Your agency should not be applying fees until the individual files are prepared for transmission to the cloud.

Please provide an updated fee estimate AFTER applying fees and standard electronic file compression such as .zip or .rar (Also in regular use by your agency in the course of normal day to day operations as covers by statute).

A detailed invoice would be appreciated. Let me know if you have any questions about this.

Thank you.

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