Non-discrimination policies

Grace Raih filed this request with the Kentucky Department of Education of Kentucky.
Est. Completion None
Status
Fix Required

Communications

From: Grace Raih

To Whom It May Concern:

Pursuant to Kentucky Open Records Act, I hereby request the following records:

Any and all written documents that include, but are not limited to, policies, procedures, training manuals, talking points and slideshows that include the topic of non-discrimination or anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of restroom and locker room facilities. Please limit this request to documents that were generated over the past two years as well as documents, such as policies, that are in effect now.

Any and all communications or questions requested from education institutions regarding the Department of Justice’ 2016 Joint Guidance on Transgender Students (“Dear Colleague Letter”) or Trump’s 2017 “Dear Colleague Letter”. For reference, these letters are available at the following URLs respectively: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf https://www.justice.gov/opa/press-release/file/941551/download

Any and all records, reports or documents sent to districts that regard student sexual health education.

Finally, I request any and all memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students. This includes, but is not limited to, the use of restroom and locker room facilities.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 3 business days, as the statute requires.

Sincerely,

Grace Raih

From: Peabody, Amy - Office of Legal, Legislative and Communication Services

Grace Raih

requests@muckrock.com<mailto:requests@muckrock.com>

Re: Response to Open Records Request

Dear Ms. Raih:

Pursuant to the Kentucky Open Records Act, you requested the following documents from the Kentucky Department of Education (KDE):

“Any and all written documents that include, but are not limited to, policies, procedures, training manuals, talking points and slideshows that include the topic of non-discrimination or anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of restroom and locker room facilities. Please limit this request to documents that were generated over the past two years as well as documents, such as policies, that are in effect now.
Any and all communications or questions requested from education institutions regarding the Department of Justice’ 2016 Joint Guidance on Transgender Students (“Dear Colleague Letter”) or Trump’s 2017 “Dear Colleague Letter”. For reference, these letters are available at the following URLs respectively: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf https://www.justice.gov/opa/press-release/file/941551/download
Any and all records, reports or documents sent to districts that regard student sexual health education.

Finally, I request any and all memos, letters, policies and guidelines sent to schools in the last five years that outline policies regarding transgender or gender non-conforming students. This includes, but is not limited to, the use of restroom and locker room facilities.”

Your request does not meet the specificity and readily available requirements under the Kentucky Open Records Act for requests for copies of documents under KRS 61.872(3)(b) http://www.lrc.ky.gov/Statutes/statute.aspx?id=23060. See attached, 13-ORD-077, and its cited authorities. Because your request for copies of documents does not meet the specificity requirement of the Kentucky Open Records Act, according to 13-ORD-077 and the authorities cited therein, the KDE is denying your request for copies of these records. You are free to submit a request for copies of records in the future and the KDE recommends that you review and utilize the guidance of 13-ORD-077 in framing any future Open Records requests for copies of documents.

As well, pursuant to KRS 61.872(3)(a) and 11-ORD-007, copy attached, you have the right under the Kentucky Open Records Act to come to the offices of the Kentucky Department of Education, 300 Sower Boulevard, Fifth Floor, Frankfort, Kentucky, between the business hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (excepting state holidays), to inspect records of the KDE. If you choose to come to KDE’s offices, located at the street address included in my signature below, to inspect these documents, KDE recommends that you call ahead to arrange for this inspection so that KDE staff can have the documents prepared for you and dedicated staff available to assist you.

Sincerely,

[cid:image006.png@01D1F4A9.05AED7D0]
Amy Peabody
Assistant General Counsel
Kentucky Department of Education
Office of Legal, Legislative and Communication Services
300 Sower Boulevard, 5th Floor
Frankfort, KY 40601
502-564-4474 (phone)
502-564-9321 (fax)
amy.peabody@education.ky.gov<mailto:kevin.brown@education.ky.gov>
PLEASE NOTE: The Kentucky Department of Education has relocated in September 2016 to a new building in Frankfort. Staff phone numbers will not change.

The address of the new building is 300 Sower Blvd<https://www.google.com/maps/place/300+Sower+Blvd,+Frankfort,+KY+40601/@38.1877841,-84.8511543,15.5z/data=!4m5!3m4!1s0x8842735cc9a51c95:0x77fd47996f407c63!8m2!3d38.1863472!4d-84.8466905>., Frankfort, KY 40601. Mail sent to the 500 Mero Street address will be delivered to the new building daily during the transition period.

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.
The Kentucky Department of Education engages schools, districts, families and communities, through excellence in leadership, service and support, to prepare all Kentucky students for next generation learning, work and citizenship.

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