Procedure 4040 - Public Records Requests

The Public Records Act, RCW 42.56 (the "Public Records Act"), requires public agencies to make identifiable, non-exempt public records available for inspection and copying upon request and to publish rules of procedure to inform the public how access to public records will be accomplished. The Richland School District’s (the “District”) rules are set forth in this procedure and corresponding policy. 

The purpose of the Public Records Act is to provide the public full and timely access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of efficient administration of our District. The Public Records Act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the Public Records Act, the District will be guided by the provisions of the Public Records Act describing its purposes and interpretation, Failure to comply with any provision of these rules shall not result in any liability imposed upon the District other than that required in the Public Records Act. 

Section 1. Public Records Officer. 

Any person wishing to request access to public records or seeking assistance in making a request should contact the District's Public Records Officer. The Public Records Officer will coordinate compliance with the Public Records Act but may designate other District staff members who may process requests for public records. The Public Records Officer or his or her designees will assist requesters and help avoid having responses to public records requests cause excessive interference with the essential functions of the District. References to the Public Records Officer should be interpreted to also include his or her designees. 

Section 2. Availability of Public Records. 

a. Hours for inspection. Public records are available for inspection and copying during the District's customary office (Teaching and Learning Administration Center) hours: Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding legal holidays. District staff and the requester may make mutually agreeable arrangements for times of inspection and copying. However, the District shall have the right to set the hours for inspection. 

b. Place of inspection. Records will be made available for inspection as determined by the Public Records Officer. A requester shall not take District records from District offices without the permission of the Public Records Officer. 

c. Electronic access to records. A variety of records are available on the District's website at: www.rsd.edu. To the extent practical, the District will store, maintain, and make its commonly requested records available electronically on its website. The District maintains an open public records portal at www.rsd.edu and will respond to most requests through the portal for those seeking responsive records in electronic format. The open public records portal is the functional equivalent of an file transfer protocol (FTP) site and allows the District to share public records request responses more broadly with the public. The District may provide access to public records by providing links to the website containing an electronic copy of the record. 

The Public Records Officer will work with the requester to determine the most appropriate method for providing electronic copies of responsive records and may provide records on flash drive or transmit the responsive record via email. 

d. Records index. Resolution No. 940, adopted by District’s Board of Directors on December 14, 2021, determined that maintaining a central index of District records is unduly burdensome, costly, and would interfere with District operations due to the number and complexity of records generated as a result of the wide range of District activities. 

e. Organization of records. Records that relate to the specific function or responsibility of a particular department or schools shall be maintained in the offices of that department and schools. District departments and schools will maintain records in a reasonably organized manner, and the District will take reasonable actions to protect records from damage and disorganization. 

f. Retention of records. The District is not required to retain all records it creates or uses. The State Attorney General's Local Records Committee approves a general retention schedule for local agency records and a retention schedule specific to school districts. Retention schedules vary based on the content of the record. Public records may not be destroyed per a retention schedule if a public records request or actual or anticipated litigation is pending. 

Section 3. Making a Request for Public Records. 

a. Request for records. Requests to inspect or copy District records, other than student and employment records, should be made to the Public Records Officer at: The GovQA portal with the link on the District’s web site at www.rsd.edu 

b. Internet access to records. Many records are also available on the District website at: www.rsd.edu . Requesters are encouraged to view the documents available on the website prior to submitting a public records request. 

c. Form of request. There is no required form for a public records request. A requester must provide the District with reasonable notice that the request being made is for public records. If a request is contained in a larger document unrelated to a public records request, the requester should point out the public records request by labeling the front page of the document as containing a public records request or otherwise calling the request to the attention of the Public Records Officer to facilitate timely response to the request. 

Any person wishing to inspect or copy identifiable public records of the District should make the request in one of the following ways: 

• Through the open public records portal at www.rsd.edu. 
• By letter, fax, phone call or e-mail addressed to the Public Records Officer; or 
• In person at the District’s Teaching, Learning and Administration Center. 

The following information should be included in the request: 

• Name and other contact information, including telephone number and email address of the requester; 
• Sufficient identification of the requested records to reasonably enable the Public Records Officer to locate the records; and 
• The date and time of day of the request. 

The Public Records Officer may accept requests for public records that contain the above information by telephone or in person. If an oral request is made, the Public Records Officer will confirm receipt of the information and the substance of the request as well as the necessary contact information from the requester on the public records portal. The confirmation will be deemed the correct statement of the scope of the request unless the requester responds with a different statement of the scope. 

d. Prioritization of records. The Public Records Officer may ask a requester to prioritize the records he or she is requesting so that the most important records may be provided first. A requester need not prioritize a request. 

e. Copies. If the requester wishes to have copies or scans of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to make a deposit or pay for the copies or scans, as further discussed in Section 10. Costs for copies and scans are set out on the Fee Schedule as established by resolution of the Board of Directors, available through a link on the District's website. 

f. Purpose of request. A requester need not state the purpose of the request. However, in an effort to clarify or prioritize a request and provide responsive records, the Public Records Officer may inquire about the nature or scope of the request. If the request is for a list of individuals, the Public Records Officer may ask the requester to sign a Commercial Purpose Declaration stating that the requestor will not use the records for a commercial purpose. The District is not authorized to provide lists of individuals for commercial purposes. The Public Records Officer may also seek sufficient information to determine if another statute may prohibit disclosure. 

g. Overbroad requests. The District may not deny a request for identifiable public records solely because the request is overbroad. However, the District may seek clarification, ask the requester to prioritize the request so that the most important records are provided first, and/or communicate with the requester to limit the size and complexity of the request. The District may also provide the responsive records in installments over time. When a request uses an inexact phrase such as "all records relating to" and declines to clarify the scope of the request, the Public Records Officer may interpret the request to be for records which directly and fairly pertain to the topic. The phrase is inherently ambiguous and requesters are encouraged to avoid using the phrase when possible to avoid unnecessary delays. When the requester has found the records he or she is seeking, the requester should advise the Public Records Officer that the requested records have been provided and the remainder of the request may be cancelled. A request for all or substantially all records prepared, owned, used, or retained by the District is not a valid request for identifiable records under the Public Records Act. 

h. Existing records. Records requests may only encompass existing records. They cannot be used to obtain copies of records not yet in existence or in the possession of the District. 

i. Bot request. The District will deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four-hour period, if the District determines that responding to the multiple requests would cause excessive interference with other essential functions of the District. 

Section 4. Processing Public Records Requests. 

a. Providing "fullest assistance." Mindful of the requirements of RCW 42.56.100, to the extent reasonably possible, the Public Records Officer will process requests in the order allowing the most requests to be processed in the most efficient manner. 

b. Acknowledging receipt and fulfilling requests. Within five business days of receipt of the request, not including the day the request was received, the Public Records Officer will do one or more of the following: 

1. Make the record available for inspection or copying; 
2. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requester; 
3. Acknowledge that the request has been received and provide a reasonable estimate of when records will be disclosed in whole or in part depending on whether the records are being provided in installments; 
4. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requester. Such clarification may be requested and provided by telephone; or 
5. Deny the request, specifying the reasons for denial. 

The District may respond to a request to provide access to a record by providing the requester with a link to the District's web site containing an electronic copy of that record if it can be determined that the requester has internet access. 

c. Additional time. If not able to fulfill the request within the 5 business-day period, the Public Records Officer will provide a reasonable estimate of the time it will take to fully respond to the request. Additional time to provide access to records may be needed to clarify the scope of the request, locate and assemble the records, redact confidential information, prepare an exemption log, notify third party persons or agencies affected by the request or consult with legal counsel about whether any portion of the records is exempt from disclosure. The Public Records Officer should briefly explain the basis for the time estimated to respond. Should an extension of time be necessary to fulfill the request, the Public Records Officer will provide a revised estimate and explain the changed circumstances that make it necessary. 

d. Notification that records are available. If the requester has sought to inspect the records, the Public Records Officer will notify him or her that the entire response or an installment is available for inspection and ask the requester to contact the District to arrange a mutually agreeable time for inspection. If the requester seeks copies or scans, the Public Records Officer should notify him or her of the projected costs and whether a deposit is required before making the copies or scans. 

e. Consequences of failure to respond. If the District does not respond in writing within five business days of receipt of the request for disclosure, the requester should contact the Public Records Officer to determine whether the request has been received by the District. 

f. Requesting clarification. At the time of the District's initial response, or after the District's initial response, the District may require the requestor to clarify the request in order to provide the District with information sufficient to allow the District to determine which records are being requested and whether such records relating to the request exist. If the requester fails to respond to a District request to clarify the request within 10 calendar days, and the entire request is unclear, the District may consider the request abandoned. Otherwise, the District must respond to those portions of the request that are clear. If the District considers the request abandoned, it shall notify the requester that the request is closed. 

g. Searching for records. The District will conduct a reasonable search for responsive records. The Public Records Officer will help determine where responsive records are likely to be located and involve Records Coordinators in other departments, as needed, to assemble the records. After the records are located, the Public Records Officer should take reasonable steps to narrow down the number of records assembled to those that are responsive. The District will not "bury" a requester with non-responsive documents. However, the Public Records Officer is allowed to provide arguably, but not clearly, responsive records to allow the requester to select the ones he or she wants, particularly if the requester is unable or unwilling to help narrow the scope of the documents being sought. 

h. Preserving requested records. If a requested record is scheduled shortly for destruction under the District's records retention schedule, the record cannot be destroyed until the public disclosure request has been resolved. Once a request has been closed, the District can destroy the record in accordance with the retention schedule. 

i. Records exempt from disclosure. Some records are exempt, in whole or in part from disclosure (see Section 6). If the District believes that a record is exempt and should be withheld, the Public Records Officer will state the specific exemption in a log and provide a brief explanation of why the record or a portion of the record is being withheld. 

j. Redactions. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the Public Records Officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requester why portions of the record are being redacted. For example, the Public Records Officer shall redact identifying details such as social security numbers when he or she makes available or publishes any public record. In each case, the justification for the deletion shall be explained in writing. 

k. Court protection of records (Third-party notice). If the requested records contain information that may affect rights of others and may be exempt from disclosure, prior to providing the records the Public Records Officer may give notice to those whose rights may be affected by the disclosure. Generally, fifteen business days will be given in order to make it possible to contact the requester and ask him or her to revise the request or, if necessary, allow affected individuals to seek an order from a court to prevent or limit the disclosure. The notice to the affected person(s) will include a summary of the request. Nothing in this section requires the District to provide such third-party notice, unless otherwise required by law. 

I. Inspection of records. To the extent possible, the Public Records Officer shall promptly provide space to inspect public records. The requester must claim, review or download the assembled records within 30 days of the Public Records Officer's notification that the records are available for inspection, download or copying. 

The Public Records Officer will notify the requester in writing of this requirement and suggest that he or she contact the agency to make arrangements to claim, download or review the records. If the requester or a representative of the requester fails to claim, download or review the records within the 30-day period, or make other arrangements, the Public Records Officer may close the request and re-file the assembled records, if applicable. Other public records requests can be processed before a subsequent request by the same person for the same or almost identical records, which will be processed as a new request. The Act does not allow a requester to search through the District's files for records which cannot be identified or described to the District. Members of the public may not remove documents from the viewing area or disassemble or alter any document. 

m. Providing copies of records. The requester shall indicate which documents he or she wishes to have copied or scanned using a mutually agreed upon non-permanent method of marking the desired records. After inspection is complete, the Public Records Officer will arrange for copying or scanning. Making a copy of an electronic record is considered copying and not creating a new record. 

n. Providing records in installments. When a request is for a large number of records, the Public Records Officer will provide access for inspection and copying in installments if he or she reasonably determines that it would be practical to provide the records in that way. If the requester fails to inspect or download the entire set of records or one or more of the installments within thirty days, the Public Records Officer may stop searching for the remaining records and close the request. 

o. Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the Public Records Officer will indicate that the District has completed its search for the requested records and made any located non-exempt records available for inspection. 

p. Closing withdrawn or abandoned requests. If the requester withdraws the request, fails to fulfill his or her obligations to inspect or download the records, or fails to pay the deposit or final payment for the requested copies or scans, the Public Records Officer will close the request and indicate to the requester that the District has closed the request. The Public Records Officer will document closure of the request and the conditions that led to closure. 

q. Later discovered documents. If, after the Public Records Officer has informed the requester that the District has provided all available records, the District becomes aware of additional responsive documents that existed on the date of the request, the Public Records Officer will promptly inform the requester of the additional documents and provide them on an expedited basis. 

r. No duty to create records. The District is not obligated to create a new record to satisfy a records request; however, the District may, in its discretion, create such a new record to fulfill the request where it may be easier for the District to create a record responsive to the request than to collect and make available voluminous records that contain small pieces of information responsive to the request. 

s. No duty to supplement responses. The District is not obligated to hold current records requests open to respond to requests for records that may be created in the future. If a public record is created or comes into the possession of the District after a request is received by the District, it is not responsive to the request and will not be provided. A new request must be made to obtain later-created public records. 

t. Requests for information. Requests for information are not public records requests. An agency is not required to conduct research for a requester or answer questions. 

u. Multiple requests. When the same requester simultaneously submits multiple, separate requests or makes one or more additional requests when previous requests are open, the District may queue the requests in the order in which they were received. The District is not required to work on an additional request until the initial requests are completed and closed. Requesters are responsible for informing the Public Records Officer if they want to reprioritize the fulfillment of their requests. 

v. No access to District network or systems. Requestors shall not be permitted to access or "plug into" District networks or systems or copy records using personal devices or equipment, such as USBs or scanners, which must be connected to District equipment in order to copy records. 

w. Consequences of disclosing a record in error. The District, and its officials, agents, employees, or custodians shall not be liable, nor shall a cause of action exist, for loss or damage based on release of a public record if the District, official, agent, employee, or custodian acted in good faith in attempting to comply with the Public Records Act. 

x. Publication of request on public records portal. The District's Public Records Officer may, at their discretion, publish a request on the District’s open public records portal at www.rsd.edu. Published requests are available for any person to access through the portal without making a separate request. Unpublished requests are only made available through the portal to the requester, but others may submit a separate request for unpublished requests. Requests will generally be published online with the exception of requests for student records, personnel records, or records that contain material that substantially affects an individual's right to privacy. 

Section 5. Processing Requests for Electronic Records. 

a. Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records. 

b. Providing electronic records. If public records are requested in electronic form, the Public Records Officer will provide the nonexempt records in a generally commercially available electronic format that is used by the District. 

c. Access to electronic records. The Public Records Officer may provide a link to electronic records easily found on the District's website. Costs for providing electronic records are set out on the Fee Schedule. 

d. Paper records provided electronically. Paper records that are specifically requested to be provided electronically are subject to fees listed in the Fee Schedule. 

Section 6. Exempt and Prohibited Disclosure of Public Records. 

The District is not required to permit public inspection and copying of records for which public disclosure of the record is prohibited, restricted or limited by state or federal statute or regulation. 

a. List of Individuals. The District is prohibited by statute from disclosing lists of individuals for commercial purposes. 

b. Exempt Records. Pursuant to RCW 42.56.070 (2), these rules contain a list of laws—other than those specifically listed in the Washington Public Records Act, Chapter 42.56 RCW—which may exempt disclosure of certain public records or portions of records. The District has identified the following laws: 

• The Family Educational and Privacy Rights Act (FERPA), 20 USC § 1232g (regarding student educational records); 
• Washington State Student Education Records Law, RCW 28A.605.030; 
• The Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et. seq. and 34 C.F.R. Part 300 (protecting the confidentiality of personally identifying information contained in student records of students with disabilities). 
• Privileged communications and attorney work product, such as set forth in Chapter 5.60 RCW; 
• Information on students receiving free or reduced lunch, 42 USC § 1758(b)(6); 
• Health Insurance Portability and Accountability Act (HIPPA), 45 CFR parts 160-164 (regarding health care information privacy and security); 
• Abuse of Children – Protection and Procedure, RCW 26.44.010; RCW 26.44.030(9); 
• Notification of Juvenile Offenders, RCW 13.04.155(3); 
• Examination Questions, RCW 28A.635.040; 
• Public Law 98-24, Section 527 of the Public Health Services Act, 41 USC § 290dd-2 (confidentiality of alcohol and drug abuse patient records); 
• United States and Washington Constitutional provisions including, but not limited to, the right of privacy and freedom of association. 

c. Other Statutes. In addition, other statutes may exempt or prohibit disclosure of other documents and information. 

d. List of Exemptions. The Washington Secretary of State maintains an up-to-date list of current exemptions and prohibitions on their website at https://www.sos.wa.gov/. 

Section 7. Standard Time Periods for Response. 

Mindful of the requirements of RCW 42.56.100 to provide the fullest assistance, to the extent reasonably possible, the Public Records Officer will process requests in the order allowing the most requests to be processed in the most efficient manner. 

Section 8. Costs of Providing Copies of Public Records 

a. Costs for records, generally. Costs associated with providing copies of responsive public records is detailed in the District's Fee Schedule. No fee is charged for locating records, inspecting records in person, or for accessing records routinely made available on the District's website prior to receipt of a request unless the requester has specifically requested that the District provide copies of such records through other means. 

If requested by a requestor, the District shall provide a summary of the applicable charges before any copies are made, and the requester may revise a public records request to reduce the number of copies to be made and thereby reduce the applicable charges. Payment of fees is required prior to release of records unless other arrangements have been made. Detailed fees applicable to public records requests can be found in the District's Fee Schedule. 

b. Sales tax. The District will not charge sales tax on copies of records. 

c. Use of other copying services. The District is not required to copy records at its own facilities and may determine to use a commercial copying center for non-routine formats such as photographs, blueprints or tape recording, video recordings, large quantities, or when a requestor asks for delivery of copies faster than the District can process. In those instances, the requester will pay the commercial copying center directly. 

d. Deposit or payment by installments. Before beginning to copy or scan records, the Public Records Officer or designee may require a deposit of up to ten percent of the estimated costs of copying or scanning the records selected by a requester. The Public Records Officer may also require the payment of the remainder of the copying or scanning costs before providing all the records, or the payment of the costs of copying or providing electronic media in an installment before providing that installment. 

e. Method of payment. Payment may be made by cash, check, or credit card to the District. 

f. Waiver of copying charges. The Public Records Officer has the discretion to waive copying or electronic media charges for small requests, or for individuals or government agencies doing business with the District if the Public Records Officer determines that this action is in the best interest of the District. 

g. Non-Payment. If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer to contact the requester prior to deeming a request abandoned and closed. 

Section 9. Denials of Requests for Public Records. 

a. Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including by email) to the Public Records Officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the Public Records Officer or designee denying the request. 

b. Consideration of petition for review. The Public Records Officer shall promptly provide the petition and any other relevant information to the Superintendent or their designee to conduct the review. The Superintendent or their designee will promptly consider the petition and either affirm or reverse the denial within two business days following the District's receipt of the petition, or within such other time to which the District and the requester mutually agree. 

c. Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. 

Section 10. Fee Schedule 

a. Cost of Printed Copies and Mailing. The cost of providing photocopies or printed copies of electronic records is 15 cents per page. Alternatively, if the District determines and documents that the fees allowed under this procedure are clearly equal to, or more than, two dollars, the District may instead charge a flat fee of two dollars to provide the records. If the District charges a flat fee for the first installment, the District will not charge an additional flat fee or a per page fee for any subsequent installments. Payment may be made by cash, check, or money order payable to the District. 

The District may also charge actual costs of mailing, including the cost of the shipping container or envelope. 

The Public Records Officer or designee may require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. 

If requested, the District will provide a summary of the applicable charges before any copies are made. The requestor will be allowed to revise the request in order to reduce the applicable charges. 

b. Customized Service Charge. A customized service charge may be imposed if the District estimates that the request would require the use of information technology expertise to prepare data compilations, or to provide customized electronic access services when such compilations and customized access services are not used by the District for other District purposes. The customized service charge may reimburse the District up to the actual cost of providing the services in this paragraph. 

The District will not assess a customized service charge unless it has notified the requestor of the customized service charge to be applied to the request, including an explanation of why the customized service charge applies, a description of the specific expertise, and a reasonable estimate cost of the charge. The notice will also provide the requestor the opportunity to amend his or her request in order to avoid or reduce the cost of a customized service charge. 

c. Cost for Electronic Records. The cost for providing electronic records is 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 each four electronic files or attachment uploaded to email, cloud-based 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 (flash drive) 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. 

Alternatively, if the District determines and documents that the fees allowed under this procedure are clearly equal to, or more, than two dollars, the District may instead charge a flat fee of two dollars to provide the records. If the District charges a flat fee for the first installment, the District will not charge an additional flat fee or a per page fee for any subsequent installments. 

The Public Records Officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. 

If requested, the District will provide a summary of the applicable charges before charges are imposed under this procedure. The requestor will be allowed to revise the request in order to reduce the applicable charges. 

The District will not impose copying charges for access to or downloading of records that the District routinely posts on its website prior to the receipt of a request, unless the requestor has specifically requested that the District provide copies of such records through other means. 

d. Deposits. Before beginning to make the copies, the Public Records Officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor, including the cost of a customized service charge according to the provision above. 

e. Waiver. The Public Records Officer may waive any charge assessed for a request. On behalf of the District, the Public Records Officer may also enter into any contract, memorandum of understanding, or other agreement with a requestor that provides an alternative fee arrangement to the charges authorized in this Procedure, or in response to a voluminous or frequently occurring request. 

Adoption: