Evergreen Public Schools - DHH Program Public Records Request

Good afternoon,

In response to your public records request dated October 27, 2023, but received by our District on November 8, 2023, requesting:

"A complete electronic copy of all documents, internal communications, and communications with the Board of Directors, from the time period December 28, 2021 through October 25, 2023 pertaining to the Deaf and Hard of Hearing program. This request is to include all communications on the disposition of the program, as well as any public records of administrative communications and directives to employees of Evergreen Public Schools regarding discussions of the program with parents and news organizations. Search terms are to include:

Deaf
Hard of Hearing
DHH
Fircrest"

You may know that state law contemplates that a public agency like our School District should fulfill simple records requests within five business days. However, under that law additional time is granted when: (1) The agency needs to obtain clarification as to the scope of records being sought; (2) Simply locating and gathering the records will take significant time; (3) The agency must review the records once gathered, to identify and excise (or "redact") any content that is protected from disclosure; and/or (4) To give an opportunity for persons named in the records, or to whom they pertain, to seek imposition of judicial limitations on the scope of records that will be disclosed to you, based on assertion(s) of personal privacy rights they may decide to initiate.

At least reason (2) applies to your request, requiring more time for the processing and fulfillment of it. Finally, records disclosure laws require that I provide you our best estimate as to when we will have records ready for production to you. I anticipate that we'll be able to produce a first installment of the records you seek on or before January 12, 2024. That is indeed an estimate. If it develops that a materially shorter or longer timeframe is necessary, I'll let you know. Additionally, I've contacted our IT Department to determine number of emails responsive to your request based on the search terms provided. I'll provide another update with the counts, and estimated costs to produce the records, as soon as the information is available. Should you have any questions or concerns about the foregoing or about any other aspect of our processing of your request as we proceed to work towards fulfilling it, of course do not hesitate to let me know.

Thank you,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360-604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Good afternoon,

Following up on my previous email, after discussing your request with IT our District is in need of clarification.

Our IT Department has run a preliminary search on the District email server based on the following parameters:

Emails sent between December 28, 2021 through October 25, 2023, by:

1. Any email sent by any member of the Board
2. Emails sent between staff (from an @evergreenps.org email to an @evergreenps.org email)

And containing any of the following terms:

Deaf
Hard of Hearing
DHH
Fircrest

The total number of emails responsive to Item 1 is 120. The total number of emails responsive to Item 2 is 185,767. At a glance, many of the 185,767 emails appear to be due to the inclusion of "Fircrest". Specifically, employees with "Fircrest" in their signature block sending internal messages are responsive to the search results.

As you know, the law authorizes that we charge requestors like yourself $.05 cents for every 4 electronic files that are in need of being duplicated in order to fulfill a request like yours. The correspondingly de minimis PRA fees ($0.20) for Item 1 (120 emails x .25 x $.05 = $1.50) can be waived, however, the PRA fees for Item 2 are significant and would require payment prior to releasing each installment of records to you (185,767 x.25 x $.05 = $2,322.08, paid over the course of installments; the actual cost of each installment is dependent upon the number of records ready for production at the time the installment of records is being made).

Can you please clarify if you'd like to move forward with Item 1, Item 2, or both Items? Either way, I still anticipate that we'll be able to produce a first installment of the records you seek on or before January 12, 2024.

Thank you,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360-604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Good afternoon,

I previously advised you we anticipated that by today our School District would able to provide you with an installment of the records responsive to your November 16, 2023 public records request. I’m now in a position to do that. To reiterate the agreed upon search terms for District communications, our IT Department searched the District email server using the following parameters:

Emails sent between December 28, 2021 through October 25, 2023, by:

1. Any email sent by any member of the Board
2. Emails sent between staff (from an @evergreenps.org email to an @evergreenps.org email)

And containing any of the following terms:
Deaf
Hard of Hearing
DHH
Fircrest (IT was able to separate this from the other terms and require it, so the search is no longer pulling emails between employees with "Fircrest" in their signature block, that are otherwise not responsive to your request)

There are 33 emails records responsive to Item 1 above, all 33 records have been provided as a first installment to your request, linked here: Keplar 11.8.23 RR<https://evergreenps-my.sharepoint.com/:f:/g/personal/eliza_cornelison_evergreenps_org/Ev2d51pxV3hAn6JqKjb5ECgBtdhXTG-fA01ZFLcIvdW8Mg?e=k6TmPP>. There are 10,524 email records responsive to Item 2 above. As you know, the law authorizes that we charge requestors like yourself $.05 cents for every 4 electronic files that are in need of being duplicated in order to fulfill a request like yours. The correspondingly de minimis PRA fees ($0.41) for Item 1 (33 x .25 x $.05 = $0.41) have been waived, however, the PRA fees for Item 2 are significant and would require payment prior to releasing each installment of records to you (10,524 x.25 x $.05 = $131.55, paid over the course of installments; the actual cost of each installment is dependent upon the number of records ready for production at the time the installment of records is being made).

Please note, the emails in this installment of records have been converted from their native .msg format, to .pdf, in order to redact material protected from disclosure. Under public disclosure laws, we must provide you in writing an explanation of those redactions. That information is below.

Student Records:

* Green box redactions (________) were made to prevent a person from reading the names or personally identifiable information (PII) of student(s) of the District where that name or PII would be linkable to protected educational or personal information about the student that appears in these records.
* That content is protected from disclosure under the Public Records Act by RCW 42.56.230(1); 20 USC § 1232g; 34 CFR Part 99; and RCW 42.56.070.

The District continues to compile email records and search for documents responsive to your request. We estimate being able to provide you with an installment or further update on February 16, 2024.

Thank you,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Hi Lyonell,

Do you have time for a phone call to discuss your three recent emails regarding this request?

Thanks,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Hi Lyonell,

Checking in again to see if you have time for a phone call to discuss your request?

Thanks,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Hi Lyonell,

Thank you again for taking the time to speak with me. To reiterate our conversation:

* I’m going to reproduce the first installment of records on or before February 16, 2024. Emails that do not require redaction will be provided in their native format. Emails that require redaction will be provided as pdf files, with their corresponding metadata (also requires redaction) provided as pdf files.
* Following up on our native format discussion (and thank you for the link you sent) – I work out of a pst file, but the messages are provided to requestors as .msg files (like those provided in response to your October 27, 2023 public records request). Quickly looking into this online, it seems like .msg is the native format for Outlook for Windows and the Outlook Web App. You specifically mentioned .eml, and I want to be sure we have the same understanding regarding the native format of our District emails. If this is one of those topics that’s easier to discuss over the phone, please give me a call.

* I’m following up with IT regarding the 8 emails you sent from your personal email, that you stated met all of the search criteria but were not returned in the search results.

* Our IT Department will run a new search on the District email server using the following parameters: Emails sent between December 28, 2021 through October 25, 2023, by:
* Superintendent Boyd;
* Matt Hill, Former Senior Director of Special Services;
* Ellen Wiessner, Current Senior Director of Special Services;
* Matt Bennett, Current Director of Special Services; and

* To any “evergreenps.org” email address; and
* Containing any of the following terms: Deaf, Hard of Hearing, DHH

* I’m following up with our Special Services Department to determine if there are any additional acronyms or phrases that would trigger emails similar to your already identified search terms of Deaf, Hard of Hearing, DHH.

* I’m following up with our Special Services Department to determine if they have any meeting minutes for staff meetings held between December 28, 2021 through October 25, 2023, about the DHH program.

If there’s anything I’ve missed, or any items you’d like to add to the above list, please let me know. Thank you for your willingness to discuss your request.

Have a good evening,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Hi Lyonell,

I previously advised you we anticipated that by today our School District would able to provide you with an installment of the records responsive to your public records request. I’m now in a position to do that.

As we discussed on February 2, 2024, this installment is a reproduction of the first installment of records you received on January 12, 2024. Emails that do not require redaction are being provided in their native format (.msg). Emails that require redaction are being provided as pdf files, with their corresponding metadata provided as pdf files. The records responsive to this installment have been added to the folder previously shared with you: Keplar 11.8.23 RR<https://evergreenps-my.sharepoint.com/:f:/g/personal/eliza_cornelison_evergreenps_org/Ev2d51pxV3hAn6JqKjb5ECgBtdhXTG-fA01ZFLcIvdW8Mg>.

You’ll see that several of these records contain material that has been redacted. Under public disclosure laws, we must provide you in writing an explanation of those redactions. That information is below.

Student Records:

* Green box redactions (________) were made to prevent a person from reading the names or personally identifiable information (PII) of student(s) of the District where that name or PII would be linkable to protected educational or personal information about the student that appears in these records.
* That content is protected from disclosure under the Public Records Act by RCW 42.56.230(1); 20 USC § 1232g; 34 CFR Part 99; and RCW 42.56.070(1).

Employee Records:

* Blue box redactions (________) were made to prevent a person from reading the personal email addresses of District employees that appear in these records.

* That content is protected from disclosure under the Public Records Act by RCW 42.56.250(d).

Regarding future installments, our IT Department ran a new search on the District email server using the following parameters that we discussed on February 2: Emails sent between December 28, 2021 through October 25, 2023, by:

* Superintendent Boyd;
* Matt Hill, Former Senior Director of Special Services;
* Ellen Wiessner, Current Senior Director of Special Services;
* Matt Bennett, Current Director of Special Services; and

* To any “evergreenps.org” email address; and
* Containing any of the following terms: Deaf, Hard of Hearing, DHH, and DHOH (more on the addition of this acronym below)

As we discussed, I followed up with Ellen Wiessner to determine if there are any additional acronyms or phrases that would trigger emails similar to your already identified search terms of Deaf, Hard of Hearing, DHH. Ellen indicated the acronym DHOH might also be used, so that acronym was added to the IT search outlined above. IT included messages sent by Lori Strohl as well, because Lori’s emails are often intertwined with Superintendent Boyd’s. The search returned 1138 messages. As you know, the law authorizes that we charge requestors like yourself $.05 cents for every 4 electronic files that are in need of being duplicated in order to fulfill a request like yours (1138 x.25 x $.05 = $14.22, paid over the course of installments; the actual cost of each installment is dependent upon the number of records ready for production at the time the installment of records is being made).

Further to our conversation on February 2, you mentioned sending 8 emails from your personal email, that you stated met all of the search criteria but were not returned in the search results of the first installment you received. My January 12 email to you summarized that the installment being provided included:

“Emails sent between December 28, 2021 through October 25, 2023, by:

1. Any email sent by any member of the Board
2. Emails sent between staff (from an @evergreenps.org email to an @evergreenps.org email)

And containing any of the following terms:
Deaf
Hard of Hearing
DHH
Fircrest (IT was able to separate this from the other terms and require it, so the search is no longer pulling emails between employees with "Fircrest" in their signature block, that are otherwise not responsive to your request)

There are 33 emails records responsive to Item 1 above, all 33 records have been provided as a first installment to your request.”

The 8 emails sent by you would not have returned in the search results responsive Item 1, because the search was specific to emails sent by any member of the Board.

Additionally, as we discussed, I followed up with our Special Services Department to determine if they have any meeting minutes for staff meetings held between December 28, 2021 through October 25, 2023, discussing the DHH program, or discussing dissolving the DHH program. The District does not have any records responsive to this segment of your request.

Regarding future installments responsive to this request, I intend to move forward with providing installments of the 1138 messages responsive to the IT search outlined above. Emails that do not require redaction will be provided in their native format (.msg). Emails that require redaction will be provided as pdf files, with their corresponding metadata provided as pdf files. Again, the actual cost of each installment is dependent upon the number of records ready for production at the time the installment of records is being made. Information about the fees specific to each installment, and how to pay those fees, will be provided at the time each installment is ready.

Please let me know if you have any questions or concerns about the foregoing, or if you want to modify your request in anyway. Otherwise, in transmitting a partial installment production of this sort, we are also required by public disclosure law to provide you the date by which we estimate we'll be able to provide you our next installment of responsive records. In that regard, we're estimating you should expect to receive our next installment toward fulfillment of your request on or before March 22, 2024.

Thank you,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Hi Lyonell,

I previously advised you we anticipated that by today our School District would able to provide you with an installment of the records responsive to your public records request. I’m now in a position to do that. As requested, public records requests received by our District are being provided in the native format in which they were received; no redactions were made to this installment of records. The records responsive to this installment have been added to the folder previously shared with you: Keplar 11.8.23 RR<https://evergreenps-my.sharepoint.com/:f:/g/personal/eliza_cornelison_evergreenps_org/Ev2d51pxV3hAn6JqKjb5ECgBtdhXTG-fA01ZFLcIvdW8Mg>.

As we’ve discussed, our District is authorized by Board Policy 4040<https://go.boarddocs.com/wa/esd114/Board.nsf/files/BM8UJL7C1628/$file/4040%20Public%20Access%20to%20District%20Records%20(Revised)%202.28.2020.pdf> and Procedure 4040P<https://go.boarddocs.com/wa/esd114/Board.nsf/files/BXFR9L6C2E74/$file/4040P%20Procedure%20-%20Public%20Access%20to%20District%20Records%20(Adopted%202.28.2020).pdf> to request payment for electronic records as follows:

1. Ten cents per page for public records scanned into an electronic format or for the use of District equipment to scan the records;
2. Five cents per every four electronic files or attachment uploaded to email, cloudbased data storage service, or other means of electronic delivery;
3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of District equipment to send the records electronically; and
4. The actual cost of any digital storage media or device provided by the District, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

I want to let you know that because the records we’re providing you today comprise a comparatively small number of records (88 electronic records), we’re able to waive the correspondingly de minimis PRA fees that otherwise would have been chargeable to you, as a pre-payment condition for your receipt of this installment.

The possible charge for the remaining records, however, likely will not be so de minimis that we could waive charges. So, please be prepared that we likely will be asking that you pre-pay before we’ll be able to provide you future installments.

Additionally, I’m in need of clarification from you regarding future installments. When we spoke on the phone, my understanding of your request is that you’re primarily interested in emails sent between employees of the District that discuss the DHH program, or discuss dissolving the DHH program. In reviewing the emails responsive to the search terms outlined in my February 16, 2024 email to you, many of the emails returned in the search results directly and fairly discuss the educational records (e.g., IEPs) of District students. Are you agreeable to excluding emails that directly and fairly discuss the educational records of District students (other than your own child), from this request? That content is protected from disclosure under the Public Records Act by RCW 42.56.230(1); 20 USC § 1232g; 34 CFR Part 99; and RCW 42.56.070(1), and if you’re agreeable to exclude those records from your request, it will reduce the time needed to review and redact each record prior to production to you, therefore reducing the overall time needed to fulfill your request.

Otherwise, in transmitting a partial installment production of this sort, we are also required by public disclosure law to provide you the date by which we estimate we'll be able to provide you our next installment of responsive records. In that regard, we're estimating you should expect to receive our next installment toward fulfillment of your request on or before April 19, 2024.

Thank you,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>

Hi Lyonell,

I'm writing to let you know that we have another installment of records available for you. As you know, we provided previous installments at no cost due to the District's waiver or the de minimis Public Records Act (PRA) fee associated with those installments. However, as was previously explained to you, further installments would likely exceed an amount that we could consider de minimis and waive the charges. The next installment consists of 162 electronic records. Under the PRA, pre-payment of $.05/per every four electronic files, or $2.02, is required to upload those records to the file previously shared with you.

You can make that $2.02 payment by mailing a check or money order made payable to "Evergreen Public Schools," addressed to me as follows:

Eliza Cornelison
Evergreen Public Schools
Attn: Public Records Fees
P.O. Box 8910
Vancouver, WA 98668

Alternatively, you may make that payment in person at our District Office, located at 13413 NE LeRoy Haagen Memorial Drive, Vancouver, WA 98684 on any non-holiday weekday. However, I suggest calling ahead to make sure the office is open to receive your payment. The best number to call is (360) 604-4049.

Once we receive payment, we will then be authorized by the PRA to release the records to you.

Please be advised that we are required to allow you a thirty-day time frame to make the pre-payment as outlined above, measured from the date of this email. A failure to receive such payment from a requester within that time frame permits us to consider their request abandoned and close it.

Should you have any questions or concerns about the foregoing or any other aspect of the processing of your request as we work towards fulfilling it, please do not hesitate to let me know.

Thanks,

Eliza Cornelison
Paralegal | Human Resources
Evergreen Public Schools
360–604-4049 | eliza.cornelison@evergreenps.org<mailto:eliza.cornelison@evergreenps.org>