LAKE WASHINGTON SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

[LWSD logo for letterhead_color.tif]Dr. Jon Holmen – Superintendent

L.E. Scarr Resource Center

16250 N.E. 74th Street

Redmond WA. 98073
Office: 425-936-1200 • Fax: 425-861-7765

December 2, 2022

MuckRock News
DEPT MR 136814
263 Huntington Ave
Boston, MA 02115

Dear MuckRock News,

This letter confirms that the District has received your request on December 1, 2022. Pursuant to RCW 42.56.040(1)(c) et seq., I acknowledge your request. This letter serves as the response required by the Public Records Act, RCW 42.56.520. Please note that COVID-19 has resulted in District closures and employee work restrictions, which have affected public records response dates and response date estimates. See Governor Inslee’s March 24, 2020 Proclamation 20-28. The District continues to process requests with the fullest service possible under the present public health circumstances. You are requesting 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.
Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2020 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.

Please note, the District is currently experiencing an unusually high volume of extensive and complex public records requests and is processing requests in the order received and clarified. Given the unprecedented quantity of pending records requests, the District anticipates it will be able to complete this request within six months.

Under the Public Disclosure Act, districts may not charge for locating documents or for inspection. The district will assess a fee of .15 cents per page for any copying. The District will email files to you and does not anticipate a fee.

If you have any questions or concerns, please contact me at 425-936-1110 or via e-mail at sparthemer@lwsd.org<mailto:sparthemer@lwsd.org>

Sincerely,

Shannon Parthemer
Communications Director
Lake Washington School District

Good morning,

My firm acts as outside general counsel for the Lake Washington School District ("District"). The District has asked us to assist in responding to Public Records Requests due to some recent staff shortages. In accordance with the Public Records Act, the District typically processes PRA requests in the order in which they are received. The District has received an unprecedented quantity of voluminous public records requests during 2022. In light of these unique circumstances, the District anticipates it will be able to complete your request by June 2, 2023.

Sincerely,

Lauren Titchbourne | PRK Livengood
Attorney
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Peterson Russell Kelly Livengood PLLC
10900 NE 4th Street, Suite 1850
Bellevue, WA 98004
Direct: (425) 990-4044
Email: ltitchbourne@prklaw.com<mailto:ltitchbourne@prklaw.com>

This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete the message. Thank you.

Good afternoon,

This request dated 12/01/2022 is considered closed as the responsive documents were provided in response to an earlier request and can be located at this link: https://www.muckrock.com/foi/redmond-8492/lake-washington-school-district-request-for-a-complete-electronic-copy-of-all-public-records-requests-received-by-the-district-including-district-responses-for-the-years-2015-2021-120936/

Kind regards,

Ivania Ordonez | PRK Livengood
Legal Assistant

[cid:image001.jpg@01D5BFBC.132F4700]

Peterson Russell Kelly Livengood PLLC
10900 NE 4th Street, Suite 1850
Bellevue, WA 98004
D: 425.990.4058 | F: 425.451.0714
iordonez@prklaw.com<mailto:iordonez@prklaw.com> | www.prklaw.com<http://www.prklaw.com/>

This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete the message. Thank you.