Kentucky Infinite Campus contract
| Submitted | Jan. 9, 2024 |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the Kentucky Open Records Act, I hereby request the following records:
1) All contracts, statements of work, and data sharing agreements between the department and Infinite Campus regarding the creation and maintenance of Kentucky's Infinite Campus Early Warning tool.
2) The data dictionary/library for Kentucky's Infinite Campus Early Warning Tool. A data dictionary/library is a record that lists and defines the data fields within a system, it does not contain the actual data.
3) Any model training tests, validation studies, performance reviews, or comparable records that describe the accuracy and performance of the machine learning models that underlie Kentucky's Infinite Campus Early Warning tool.
I ask that all fees be waived as I am a journalist and intend to used the requested records to publish articles in the public interest and not for any commercial purpose.
If you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation of the employee hours required to fulfill the request.
If you choose to reject this request or redact portions of responsive documents, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Todd Feathers
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Kentucky Open Records Act request, copied below, and originally submitted on Jan. 9, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kentucky Department of Education
Response via email
Todd Feathers
requests@muckrock.com<mailto:requests@muckrock.com>
Re: Open Records Request
Dear Todd Feathers:
Pursuant to the Kentucky Open Records Act, you requested the following records from the Kentucky Department of Education (KDE):
1) All contracts, statements of work, and data-sharing agreements between the department and Infinite Campus regarding the creation and maintenance of Kentucky's Infinite Campus Early Warning tool.
2) The data dictionary/library for Kentucky's Infinite Campus Early Warning Tool. A data dictionary/library is a record that lists and defines the data fields within a system, it does not contain the actual data.
3) Any model training tests, validation studies, performance reviews, or comparable records that describe the accuracy and performance of the machine learning models that underlie Kentucky's Infinite Campus Early Warning tool.
Please find the records in possession of KDE responsive to your above captioned request on Google Drive<https://drive.google.com/drive/folders/1DWdW7eNy9rif3C6j8TmIx8sELzX6_YlP?usp=sharing>.
Upon reviewing responsive records, KDE determined it is in possession of records it is not producing under exemptions set forth at KRS 61.878. KDE has withheld or redacted records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records. KRS 61.878(1)(c). Pursuant to KRS 61.878(1)(c), Marina Management Services, Inc. v. Cabinet for Tourism, 906 S.W.2d 318, 319 (Ky. 1995), Hoy v. Kentucky Industrial Revitalization Authority, 907 S.W.2d 766, 768 (Ky. 1995), and decisions of the Kentucky Office of the Attorney General in 12-ORD-076, 11-ORD-086, 11-ORD-076, 09-ORD-031, 08-ORD-144, 08-ORD-083, 07-ORD-038, 03-ORD-235, the authorities cited therein, and the vendor assertions of confidentiality and bases for nondisclosure to prevent unfair competitive advantage, KDE has redacted or withheld documents to prevent an unfair competitive advantage resulting from disclosure under KRS 61.878(1)(c)1.
Please be advised that the above-referenced link should be accessed within 10 days of the date of this correspondence, after that the link will expire and the documents will be removed. Thank you for your attention to this correspondence.
Sincerely,
Haley Williams
Staff Attorney
Office of Legal Services
Phone: (502) 564-4474 Ext. 4828
Email: haley.williams@education.ky.gov<mailto:haley.williams@education.ky.gov>
300 Sower Blvd. - 5th floor
Frankfort, KY 40601
[cid:image001.jpg@01DA4923.00578670]
Confidentiality Notice: This e-mail message, including any attachment, is for the sole use of the intended recipient(s) and may contain information that is privileged, confidential and/or attorney work product. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender, by e-mail and by phone at 502-564-4474, and destroy all copies of the original message. Neither this transmission or any attachment, nor any error in transmission or misdelivery shall constitute a waiver of any applicable legal privilege.
From: Todd Feathers
Hi Haley,
Thank you so much for the quick response and help with this request.
If I can ask a question for clarification:
Could you please list and describe, as much as possible, which records you withheld pursuant to the listed exemptions? And was this at the vendor's request or KDE's discretion?
Appreciate the help!
Todd
From: Kentucky Department of Education
In consultation with Infinite Campus, it was determined that the data dictionary used for Kentucky's Infinite Campus Early Warning Tool is proprietary, therefore that document was withheld.
Best,
Haley Williams
Staff Attorney
Office of Legal Services
Phone: (502) 564-4474 Ext. 4828
Email: haley.williams@education.ky.gov<mailto:haley.williams@education.ky.gov>
300 Sower Blvd. – 5th floor
Frankfort, KY 40601
[cid:image001.jpg@01DA49ED.6B96E960]
Confidentiality Notice: This e-mail message, including any attachment, is for the sole use of the intended recipient(s) and may contain information that is privileged, confidential and/or attorney work product. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender, by e-mail and by phone at 502-564-4474, and destroy all copies of the original message. Neither this transmission or any attachment, nor any error in transmission or misdelivery shall constitute a waiver of any applicable legal privilege.
From: Todd Feathers
Thank you, Haley!
With that in mind, the one category of records I didn't see in the responsive material that I would expect KDE to have are the validation studies, performance tests, or other documents describing the algorithm's accuracy.
My understanding is that Infinite Campus developed its early warning tool in partnershp with and using funding and data from KDE. Maybe I'm using the wrong language in my request, but I would be surprised if KDE doesn't have some kind of documentation of how accurate its early warning system is.
Happy to jump on a call next week if it's helpful to discuss the records I'm looking for?
Really appreciate your time!
Todd
From: Kentucky Department of Education
Dear Todd,
In your follow-up request on January 19, 2024, under the Kentucky Open Records Act, you requested records from KDE of “validation studies, performance tests, or other documents describing the algorithm's accuracy [for the IC early warning system].”
KDE is not in possession of records responsive to this request. These records are the property of and retained by the vendor. These records would need to be obtained from them directly.
Sincerely,
Haley Williams
Staff Attorney
Office of Legal Services
Phone: (502) 564-4474 Ext. 4828
Email: haley.williams@education.ky.gov<mailto:haley.williams@education.ky.gov>
300 Sower Blvd. – 5th floor
Frankfort, KY 40601
[cid:image001.jpg@01DA4F89.2E84CD20]
Confidentiality Notice: This e-mail message, including any attachment, is for the sole use of the intended recipient(s) and may contain information that is privileged, confidential and/or attorney work product. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender, by e-mail and by phone at 502-564-4474, and destroy all copies of the original message. Neither this transmission or any attachment, nor any error in transmission or misdelivery shall constitute a waiver of any applicable legal privilege.
