CCSD Book Bans
| Submitted | March 6, 2023 |
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Communications
From: Amanda Durand
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
1. A copy of any records generated or received pursuant to any policy concerning challenges to curricular, instructional, or library materials.
2. A copy of any complaints (including informal complaints), and any records generated as a result of the complaints, where the complaint led to a change in status of any book or material in a school library.
3. A copy of any current policy concerning challenges to curricular, instructional, or library materials.
4. A copy of any public records requests received concerning books, library materials, or curricular materials and any records produced in response to the request.
This request is limited to records generated on or after January 1, 2021.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 5 business days, as the statute requires.
Sincerely,
Amanda Durand
From: Clark County School District
Ms. Durand,
Your request is overbroad and unduly burdensome. The records you seek are
not readily available and would be unduly burdensome to gather, compile,
redact, and production. Please narrow your request in both time and scope.
A public entity need not produce records that are not readily available and
would require research, compilation, and redaction to produce. *See* NRS
239.010 (NPRA applies to “public books and public records”); NRS 239.0107
(NPRA applies to a “public book or record”); NAC 239.867 (agency is not
required to create a public record that does not exist); *Public Employees’
Retirement System of Nevada v. Nevada Policy Research Institute*, 134 Nev.
669 (2018) (recognizing that an agency is not required to compile a
document or report *about* information contained in a database ); *Las
Vegas Metropolitan Police Department v. Blackjack Bonding, Inc.*, 131 Nev.
80 (2015) (same); *Lunney v. State*, 418 P.3d 943, 954 (Ariz. Ct. App.
2017) (recognizing that the agency was not required to respond to the
burdensome request); *Shehadeh v. Madigan*, 996 N.E.2d 1243, 1249 (Ill.
App. Ct. 2013) (holding that the Attorney General satisfied its burden by
explaining that its staff members would have to go through all of the 9,200
potentially responsive documents by hand); *Beckett v. Serpas*, 112 So.3d
348, 353 (La. App. Ct. 2013) (determining that segregating 10-years worth
of files is unreasonably burdensome); *Community Youth Athletic Ctr. v.
City of Nat’l City*, 220 Cal.App.4th 1385, 1425 (2013) (generally, an
agency is not required to undertake extraordinarily extensive or intrusive
searches, and in general, the scope of an agency’s search for public
records need only be reasonably calculated to locate responsive documents).
To determine if producing documents “poses an unreasonable administrative
burden,” courts consider whether the general presumption in favor of
disclosure is overcome by: “(1) the resources and time it will take to
locate, compile, and redact the requested materials; (2) the volume of
materials requested; and, (3) the extent to which compliance with the
request will disrupt the agency's ability to perform its core functions.”
*Lunney*, 418 P.3d at 954; NAC 239.860 (defining “readily available” as
records that are “easily retrievable,” “not confidential,” and having a
“nature...such that an officer, employee or agent of the agency…is not
required to review the record to determine whether the record includes
confidential information”).
Under NRS 239.0107(1)(c)(2), CCSD may “[m]ake a reasonable effort to assist
the requester to focus the request in such a manner as to maximize the
likelihood the requester will be able to inspect, copy or receive a copy of
the public book or record as expeditiously as possible.” Similarly, NAC
239.865 allows CCSD to “request additional information or clarification
from a person who has requested to inspect, copy or receive a copy of a
public record to determine which public record the person is requesting to
inspect, copy or receive a copy of, as applicable.” The Nevada Supreme
Court has also recognized that working together “to refine the search terms
for the public records request” is part of a “reasonable attempt to settle”
and comply with statutory requirements. *Las Vegas Rev. Journal v. City of
Henderson*, 137 Nev. Adv. Op. 81 (2021).
Thank you,
Cindy Smith-Johnson
Document Control Specialist
Administrative Center
Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146
*PublicRecordRequest@nv.ccsd.net <PublicRecordRequest@nv.ccsd.net>*
smithc3@nv.ccsd.net
From: Amanda Durand
I understand. Can I request
1. A copy of any complaints (including informal complaints), and any records generated as a result of the complaints, where the complaint led to a change in the status of any book or material in a school library.
2. A copy of any current policy concerning challenges to curricular, instructional, or library materials.
3. A copy of any public records requests received concerning books, library materials, or curricular materials and any records produced in response to the request.
This request is limited to records generated on or after January 1, 2022.
From: Clark County School District
Thank you. Your request is being routed.
Cindy Smith-Johnson
Document Control Specialist
Administrative Center
Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146
*PublicRecordRequest@nv.ccsd.net <PublicRecordRequest@nv.ccsd.net>*
smithc3@nv.ccsd.net
From: Clark County School District
Good morning,
Pursuant to NRS 239.0107, additional time is needed to gather the requested
information. I anticipate a further response by April 3, 2023, if not
before.
Thank you,
Cindy Smith-Johnson
Document Control Specialist
Administrative Center
Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146
*PublicRecordRequest@nv.ccsd.net <PublicRecordRequest@nv.ccsd.net>*
smithc3@nv.ccsd.net
From: Clark County School District
Good morning,
Pursuant to NRS 239.0107, below you will find information responsive to
your public records request.
1. A copy of any complaints (including informal complaints), and any
records generated as a result of the complaints, where the complaint led to
a change in the status of any book or material in a school library.
The Curriculum and Instruction Division is not aware at this time of any
complaint that resulted in a change to the status of a book or material in
a school library since January 1, 2022. There are no documents responsive.
2. A copy of any current policy concerning challenges to curricular,
instructional, or library materials.
Clark County School District Regulation 6150, Instructional Materials,
attached provides the procedures concerning challenges to supplemental
textbooks and school library resources.
3. A copy of any public records requests received concerning books, library
materials, or curricular materials and any records produced in response to
the request. Attached responsive documents.
Thank you,
Cindy Smith-Johnson
Document Control Specialist
Administrative Center
Clark County School District
5100 West Sahara Avenue
Las Vegas, NV 89146
*PublicRecordRequest@nv.ccsd.net <PublicRecordRequest@nv.ccsd.net>*
smithc3@nv.ccsd.net
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