Non-discrimination policies
| Submitted | March 3, 2017 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Grace Raih
To Whom It May Concern:
Pursuant to the California Public Records Act (California Government Code §§ 6250), 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 and anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of bathroom 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 records, reports or documents that detail all voluntary agreements made between the school and The Office of Civil Rights following a discrimination complaint.
Any and all records, reports or documents regarding The Gender Non-discrimination Act and California Bill AB 1732 that inform school policies regarding gender identity and expression. These reports should include, but are not limited to, student sexual health education.
Finally, I request any and all memos, letters, policies and guidelines sent to parents that outline the use of bathroom 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 10 calendar days, as the statute requires.
Sincerely,
Grace Raih
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 3, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Powell, Deidra
Grace,
I am in receipt of your request. My office handles all public records request for the District. I believe you sent the request directly to one of our staff members at Valley High School. He didn't know if it was junk mail or authentic, so he held it until he received a follow up from you. I will treat this as a Public Records Request.
Deidra Powell
Chief Communications Officer
(714) 558-5555
Deidra.powell@sausd.us<mailto:Deidra.powell@sausd.us>
Santa Ana Unified School District | Communications Office
1601 E. Chestnut Ave., Santa Ana, CA 92701 | 714-558-5555 | Fax 714-558-5812
[_default]<http://www.sausd.us/>[Facebook]<http://www.facebook.com/sausd> [Twitter] <https://twitter.com/santaanausd> [YouTube] <http://www.youtube.com/channel/UCHdIs5LUWk2rmHQF5Bvpmeg>
Download the FREE SAUSD App today! [Apple-appstore] <https://itunes.apple.com/us/app/santa-ana-unified-sd/id910236413?mt=8> [Google Play App Store] <https://play.google.com/store/apps/details?id=net.parentlink.sausd>
From: Amador, Josie
The following email is being sent to you on behalf of Deidra Powell, Chief Communications Officer:
Dear Ms. Raih:
The Santa Ana Unified School District received your Public Records Act request dated March 3, 2017. Your request seeks 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 and anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of bathroom 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 records, reports or documents that detail all voluntary agreements made between the school and The Office of Civil Rights following a discrimination complaint.
· Any and all records, reports or documents regarding The Gender Non-discrimination Act and California Bill AB 1732 that inform school policies regarding gender identity and expression. These reports should include, but are not limited to, student sexual health education.
Government Code section 6253(c) provides the District with 10 days to evaluate your request to determine whether it seeks identifiable public records subject to disclosure; the Public Records Act does not require the District to provide public records within 10 days of your request. Pursuant to Government Code section 6253(c), the District is extending its evaluation period by 14 additional days, giving us a total of 24 days to evaluate your request before promptly notifying you of an initial determination of whether the request seeks, in whole or in part, disclosable public records in the District's possession. This additional time is necessary for the District to search potentially voluminous numbers of files based on the broad time period encompassed by your request, as well as to determine whether certain records are maintained by the District or exempted from disclosure under Government Code section 6254 or any other provision. You will receive the District's determination no later than March 28, 2017.
To the extent the requested records are exempt or include information that is exempt from disclosure pursuant to the Public Records Act, including but not limited to Government Code sections 6254(c) (personnel exception), 6254(a) (preliminary drafts, notes, or intra-agency memoranda not retained by the District in the ordinary course of business), 6254(k) (privileged material, including those within the attorney-client privilege and work product doctrine, including Evidence Code sections 915, 950 et seq., and 1040) and 6255 (catch-all exception), such information will be withheld or redacted, as appropriate. (Government Code section 6253(a).)
Further, records that are "educational records" under the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) or "pupil records" under Education Code section 49070, are not disclosable under the Public Records Act. In a situation where the California Public Records Act and the federal student-records law are inconsistent, the federal law has supremacy. (Rim of the World Unified School District v. Superior Court (2002) 104 Cal.App.4th 1393; see also Poway Unified School Dist. v. Superior Court (Copley Press) (1998) 62 Cal.App.4th 1496, 1506-1507 [Education Code provisions enacted to ensure receipt of federal funding by manifesting compliance with FERPA "expressly prevail over the Public Records Act, as pertains to pupil records"].)
If you have questions regarding this response to your request, please contact my office during business hours.
Sincerely,
Deidra Powell
Chief Communications Officer
(714) 558-5555
Deidra.powell@sausd.us<mailto:Deidra.powell@sausd.us>
###
Josie Amador
Admin. Secretary
Santa Ana Unified School District | Communications Office
1601 E. Chestnut Ave., Santa Ana, CA 92701 | 714-558-5555 | Fax 714-558-5812
[_default]<http://www.sausd.us/>[Facebook]<http://www.facebook.com/sausd> [Twitter] <https://twitter.com/santaanausd> [YouTube] <http://www.youtube.com/channel/UCHdIs5LUWk2rmHQF5Bvpmeg>
Download the FREE SAUSD App today! [Apple-appstore] <https://itunes.apple.com/us/app/santa-ana-unified-sd/id910236413?mt=8> [Google Play App Store] <https://play.google.com/store/apps/details?id=net.parentlink.sausd>
From: Amador, Josie
The following email is being sent to you on behalf of Deidra Powell, Chief Communications Officer:
Dear Ms. Raih:
The Santa Ana Unified School District received your Public Records Act request dated March 3, 2017. Your request seeks 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 and anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of bathroom 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 records, reports or documents that detail all voluntary agreements made between the school and The Office of Civil Rights following a discrimination complaint.
· Any and all records, reports or documents regarding The Gender Non-discrimination Act and California Bill AB 1732 that inform school policies regarding gender identity and expression. These reports should include, but are not limited to, student sexual health education.
The District has determined your requests, in part, seek identifiable public records subject to disclosure. The District anticipates providing policies and procedures responsive to your first request (listed in bullet point one) on or about April 4, 2017. It further anticipates making training manuals, talking points, and slideshows, to the extent that they exist, available for production on or about April 11, 2017.
Regarding your third request (listed at bullet point three), the request does not specify a time period for the potentially responsive records. The District requests clarification of the time period for the records requested and recommends a search for records, to the extent they exist, within the last four years. After receipt of this clarification, the District will evaluate whether the requested records are identifiable public records subject to disclosure, to the extent they exist, and provide you with an anticipated production date.
In response to your second request (listed at bullet point two), the request does not specify a time frame for the potentially responsive records. The District requests clarification of the time period for the records requested and recommends a search for records, to the extent they exist, from the last five years. After receipt of this clarification, the District will evaluate whether the requested records are identifiable public records subject to disclosure.
To the extent the requested records are exempt or include information that is exempt from disclosure pursuant to the Public Records Act, including but not limited to Government Code sections 6254(c) (personnel exception), 6254(a) (preliminary drafts, notes, or intra-agency memoranda not retained by the District in the ordinary course of business), 6254(k) (privileged material, including those within the attorney-client privilege and work product doctrine, including Evidence Code sections 915, 950 et seq., and 1040) and 6255 (catch-all exception), such information will be withheld or redacted, as appropriate. (Government Code section 6253(a).)
Further, records that are "educational records" under the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) or "pupil records" under Education Code section 49070, are not disclosable under the Public Records Act. In a situation where the California Public Records Act and the federal student-records law are inconsistent, the federal law has supremacy. (Rim of the World Unified School District v. Superior Court (2002) 104 Cal.App.4th 1393; see also Poway Unified School Dist. v. Superior Court (Copley Press) (1998) 62 Cal.App.4th 1496, 1506-1507 [Education Code provisions enacted to ensure receipt of federal funding by manifesting compliance with FERPA "expressly prevail over the Public Records Act, as pertains to pupil records"].)
The cost of production will be charged as follows: 1-10 copies, no charge; 11-20 copies, 5¢ per page; 21-50 copies, 10¢ per page; and more than 50 copies, 15¢ per page. If you have questions regarding this response to your request, please contact my office during business hours.
Sincerely,
Deidra Powell
Chief Communications Officer
###
Josie Amador
Admin. Secretary
Santa Ana Unified School District | Communications Office
1601 E. Chestnut Ave., Santa Ana, CA 92701 | 714-558-5555 | Fax 714-558-5812
[_default]<http://www.sausd.us/>[Facebook]<http://www.facebook.com/sausd> [Twitter] <https://twitter.com/santaanausd> [YouTube] <http://www.youtube.com/channel/UCHdIs5LUWk2rmHQF5Bvpmeg>
Download the FREE SAUSD App today! [Apple-appstore] <https://itunes.apple.com/us/app/santa-ana-unified-sd/id910236413?mt=8> [Google Play App Store] <https://play.google.com/store/apps/details?id=net.parentlink.sausd>
From: Grace Raih
Dear Ms. Amador,
I appreciate all of this information, thank you for getting back to me so soon. I would like to clarify the time frames for both my second and third bulleted requests. For agreements between the school and the Office of Civil Rights, please look for documents produced after Jan. 2015. For documents regarding the Gender Non-discrimination Act, I request all relevant documents made after Jan. 2015 as well. Thank you.
Best,
Grace Raih
From: Powell, Deidra
Thank you.
Deidra, Sent from my iPhone
From: Amador, Josie
The following email is being sent to you on behalf of Deidra Powell, Chief Communications Officer:
Dear Ms. Raih:
The Santa Ana Unified School District received your Public Records Act request dated March 3, 2017. Your request seeks 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 and anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of bathroom 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 records, reports or documents that detail all voluntary agreements made between the school and The Office of Civil Rights following a discrimination complaint.
· Any and all records, reports or documents regarding The Gender Non-discrimination Act and California Bill AB 1732 that inform school policies regarding gender identity and expression. These reports should include, but are not limited to, student sexual health education.
The District’s Board Policies and Administrative Regulations responsive to your first request (listed in bullet point one) are available online at: http://www.sausd.us/Page/31
If you need any assistance locating a particular policy, please let us know.
Sincerely,
Deidra Powell
Chief Communications Officer
###
Josie Amador
Admin. Secretary
Santa Ana Unified School District | Communications Office
From: Amador, Josie
The following email is being sent to you on behalf of Deidra Powell, Chief Communications Officer:
Dear Ms. Raih:
The Santa Ana Unified School District received your Public Records Act request dated March 3, 2017. Your request seeks 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 and anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of bathroom 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 records, reports or documents that detail all voluntary agreements made between the school and The Office of Civil Rights following a discrimination complaint.
• Any and all records, reports or documents regarding The Gender Non-discrimination Act and California Bill AB 1732 that inform school policies regarding gender identity and expression. These reports should include, but are not limited to, student sexual health education.
The District’s records, reports, or documents, responsive to requests listed in the second and third bullet, are available on our website at: http://www.sausd.us/Page/36496. Also, the District’s Student Parent Handbook, may be located online at http://www.sausd.us/domain/5811.
Please let me know if you have any questions.
Sincerely,
Deidra Powell
Chief Communications Officer
###
Josie Amador
Admin. Secretary
Santa Ana Unified School District | Communications Office
From: Amador, Josie
The following email is being sent to you on behalf of Deidra Powell, Chief Communications Officer:
Dear Ms. Raih:
The Santa Ana Unified School District received your Public Records Act request dated March 3, 2017. Your request seeks 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 and anti-bullying policies regarding LGBT identified students. This includes, but is not limited to, policies on the use of bathroom 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 records, reports or documents that detail all voluntary agreements made between the school and The Office of Civil Rights following a discrimination complaint.
· Any and all records, reports or documents regarding The Gender Non-discrimination Act and California Bill AB 1732 that inform school policies regarding gender identity and expression. These reports should include, but are not limited to, student sexual health education.
The District received your March 30, 2017 clarification of the time frames for the requests in the second and third bullets. You indicated you seek documents created after January 2015. As previously mentioned, Government Code section 6253(c) provides the District with 10 days to evaluate your request to determine whether it seeks identifiable public records subject to disclosure; the Public Records Act does not require the District to provide public records within 10 days of your request. Pursuant to Government Code section 6253(c), the District is extending its evaluation period by 14 additional days, giving us a total of 24 days to evaluate your request before promptly notifying you of an initial determination of whether the request seeks, in whole or in part, disclosable public records in the District’s possession. This additional time is necessary for the District to search potentially voluminous numbers of files based on the breadth of documents identified in the third request, as well as to determine whether certain records are maintained by the District or exempted from disclosure under Government Code section 6254 or any other provision. You will receive the District’s determination no later than April 21, 2017, which will include anticipated dates of production of public records subject to disclosure, to the extent any exist.
If you have questions regarding this response to your request, please contact my office during business hours.
Sincerely,
Deidra Powell
Chief Communications Officer
###
Josie Amador
Admin. Secretary
Santa Ana Unified School District | Communications Office
From: Amador, Josie
The following email is being sent to you on behalf of Deidra Powell, Chief Communications Officer:
Dear Me. Raih,
In response to your public records request, received on March 3, 2017, attached please find a copy of the District’s agreement with the Office of Civil Rights.
If you have questions regarding this response to your request, please contact my office during business hours.
Sincerely,
Deidra Powell
Chief Communications Officer
###
Josie Amador
Admin. Secretary
Santa Ana Unified School District | Communications Office
Files
pages