LAKE WASHINGTON SCHOOL DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022

LAKE WASHINGTON SCHOOL DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022.

Via email: publicrecordsrequest@lwsd.org

To whom it may concern,

WASHINGTON STATE OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION - EQUITY AND CIVIL RIGHTS (https://www.k12.wa.us/policy-funding/equity-and-civil-rights):

"The Washington State legislature notes that schools should be a place in which all youth feel safe. With racial equity as a central component of safety and security planning, it is imperative that all school safety and security staff not contribute to an unsafe environment for Black youth and youth of color."

PUBLIC RECORDS REQUEST RCW 42.56

I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:

1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.

Note: If your agency chooses not to produce the requested records in reverse chronological order as requested, and/or chooses to sandbag this request by dribbling out a few records per installment every 6 months (tee-hee), you can expect a separate targeted public records request for each line item by year - submitted via multiple members of the public, multiple times until the requested records are timely produced. This simple three part multi year request would then become twelve (12) separate public records requests. If your agency would prefer 12 separate individual requests, please let us know.

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.

COMMERICAL 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.

Hello,

Please provide a reasonable estimate of when you can expect to produce the first installment of records. thank you.

12-13-22

VIA EMAIL: sparthemer@lwsd.org

Hello [again],

Please provide a reasonable estimate of when you can expect to produce the first installment of records. thank you.

12-21-22

via email: ltitchbourne@prklaw.com

Hello,

No offense, however your agency the LAKE WASHINGTON SCHOOL DISTRICT is known for being less than truthful in its public records responses. May 16, 2023 (6 months) is not reasonable. This date also does not reflect data your agency submitted to JLARC. Please list all OPEN public records act requests received by your agency and the date they were received prior to the instant request (mine) dated 11-16-22 and where my request is "in line."

Thank you.

Hello,

Your statement "There is simply no factual basis for your allegation that the District has provided anything less than the fullest assistance possible in the circumstances. " is simply not factual nor true.

I call to your attention a Public Records Request from a MUCKROCK.com user dated 11-3-2021.

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/

In response to this PRA request dated 11-3-2021, the Lake Washington School District Records Manager Mason Effertz claimed:

"At this time, due to the amount of information in the request, the District estimates that it will be able to produce these documents by July 15, 2022."

On 03-15-22 the original requestor followed up with the District and inquired via email:

"03-15-22

Hello,

Please confirm based on your Letter of 11-11-2021 the District plans on producing ALL RESPONSIVE RECORDS for this public records request on or before July 15, 2022.

Thank you."

The District did not respond.

On 04-01-2022 the original requestor followed up with the District and inquired again via email:

"04-01-2022

Hello,

Please confirm based on your Letter of 11-11-2021 the District plans on producing ALL RESPONSIVE RECORDS for this public records request on or before July 15, 2022.

Thank you."

Again, the District did not respond.

On 7-15-22 the date the District claimed responsive records would be produced, NO RECORDS WERE PRODUCED.

Finally after the original requestor began emailing multiple Lake Washington School District employees, the District eventually responded on 08-09-22, over 10 months from the date of the original request:

"08-09-22

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 estimates that it will be able to produce these documents or an installment by August 17, 2022."

Again the Lake Washington School District did not produce any records on August 17, 2022.

As you can see your repeated claim "As previously communicated, the District is currently working to process a number of voluminous information requests and processes all requests in the order received" is not necessary true. The Lake Washington School District has not and does not process public records requests in good faith.

Obviously the lack of communication and silent withholding of public records by The Lake Washington School District in response to this 11-3-2021 public records request is a FACTUAL example of The Lake Washington School District NOT providing "the fullest assistance possible."

If the District is going to stick with it's BLANKET CONSTRUCT six month time estimates for every public records request it receives so be it. Consider this constructive notice of our intent to seek relief under RCW 42.56.550.

Thanks.

8-4-23

via email to PublicRecordsRequest@lwsd.org

Subject: RE: Washington Public Records Act Request: LAKE WASHINGTON SCHOOL DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022

Hello,

Your statement "There is simply no factual basis for your allegation that the District has provided anything less than the fullest assistance possible in the circumstances. "

Again - still not true.

Does your agency plan on producing any of these records or not? Your last FALSE time estimate was June 16,2023.

Its August 2023. Not a single record has been produced in this Public Records request dated 11-16-2022.

Are any records going to be produced?

03-22-24

LAKE WASHINGTON SCHOOL DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2024.

Via email: publicrecordsrequest@lwsd.org

To whom it may concern,

WASHINGTON STATE OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION - EQUITY AND CIVIL RIGHTS (https://www.k12.wa.us/policy-funding/equity-and-civil-rights):

"The Washington State legislature notes that schools should be a place in which all youth feel safe. With racial equity as a central component of safety and security planning, it is imperative that all school safety and security staff not contribute to an unsafe environment for Black youth and youth of color."

PUBLIC RECORDS REQUEST RCW 42.56

I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:

1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2024, 2023, 2022, 2021, 2020, and 2019 in that chronological order.

2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2024, 2023, 2022, 2021, 2020, and 2019 in that chronological order.

3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2024, 2023, 2022, 2021, 2020, and 2019 in that chronological order.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.

Note: If your agency chooses not to produce the requested records in reverse chronological order as requested, and/or chooses to sandbag this request by dribbling out a few records per installment every 6 months (tee-hee), you can expect a separate targeted public records request for each line item by year - submitted via multiple members of the public, multiple times until the requested records are timely produced. This simple three part multi year request would then become twelve (12) separate public records requests. If your agency would prefer 12 separate individual requests, please let us know.

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.

COMMERICAL 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.