Public Records Requests

Public Records Index

How Do I Request a Public Record?

The Montesano School District is committed to operating in an open and accessible manner and in full compliance with the Washington State Public Records Act (RCW 42.56). This law ensures that the public has a right to access appropriate records and information held by state and local government agencies.

The Public Records Act also identifies certain records that are exempt from disclosure. These exemptions are intended to prevent unreasonable invasions of personal privacy or the misuse of public records for personal or commercial gain.

Records requested under the Act must be "identifiable." Your request must include a reasonable description that would allow a district employee to locate the records. A general question or request for information does not constitute a public records request.

Submitting a Public Records Request

To request a public record from the Montesano School District, please submit a written request that includes the following information:

• Your full name

• Date of the request

• Your mailing address

• Your phone number

• Your email address (optional)

• A detailed description of the record(s) being requested

Send Requests To:

Dan Winter Public Records Officer Montesano School District 502 E. Spruce Ave Montesano, WA 98563 Email: dwinter@monteschools.org Phone: (360) 249-3942

For the most timely and efficient response, requests should be directed in writing (by letter or email) to the Public Records Officer listed above. A public records request form is also available at the district office and on this website.

How Requests Are Processed

Five-Business-Day Response

Within five (5) business days of receiving a request, the district will do one or more of the following:

1. Provide copies of the requested record(s) or make them available for inspection, or provide an internet address and link where the record can be accessed online;

2. Acknowledge receipt of the request and provide a reasonable estimate of the time needed to respond;

3. Acknowledge receipt of the request and ask the requestor for clarification if the request is unclear, while providing a reasonable time estimate if possible; or

4. Deny the request with a written explanation citing the specific exemption that applies.

If a requestor fails to respond to a request for clarification within 30 days, the district may close the request.

Requests for Electronic Records

The process for requesting electronic public records is the same as for paper records. To assist the district in responding efficiently, requestors should provide specific search terms that will help the Public Records Officer locate the relevant records.

Inspection of Records

Public records are available for inspection during normal business hours at the district office. Records must be inspected on-site, and a district employee will be present during inspection. There is no cost to inspect district records.

Costs

Printed Copies and Mailing

The cost of providing photocopies or printed copies of electronic records is fifteen (15) cents per page when more than 25 pages are provided. Payment may be made by cash, check, or money order payable to the district. The district will also charge actual costs of mailing, including the cost of the shipping container or envelope.

Electronic Records

The charges for providing electronic records are as follows:

• Ten (10) cents per page for records scanned into electronic format or for use of district equipment to scan records

• Five (5) cents per each four electronic files or attachments uploaded to email, cloud-based storage, or other electronic delivery

• Ten (10) cents per gigabyte for transmission of records in electronic format

• Actual cost of any digital storage media, containers, envelopes, and postage

If requested, the district will provide a summary of applicable charges before any copies are made. Requestors may revise their request to reduce charges. Payment is required before copies are provided.

The district will not impose charges for access to or downloading of records that the district routinely posts on its website, unless the requestor has specifically asked for copies through other means.

Exemptions to Public Records Disclosure

Some records are exempt from disclosure, in whole or in part, under specific exemptions in RCW 42.56 or other state and federal laws. If the district determines that a record or portion of a record is exempt, the Public Records Officer will provide a written explanation identifying the specific exemption and how it applies. OSPI Public Records Exemption Log

The district has identified the following laws that may exempt disclosure of certain records:

• FERPA — Family Educational Rights and Privacy Act, 20 USC § 1232g and 34 CFR Part 99 (student educational records)

• Washington State Student Education Records Law — RCW 28A.605.030

• IDEA — Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. and 34 CFR Part 300 (confidentiality of student disability records)

• Privileged communications and attorney work product — Chapter 5.60 RCW

• Criminal Records Privacy Act (CRPA) — Chapter 10.97 RCW

• Free or reduced-price lunch information — 42 USC § 1758(b)(6)

• HIPAA — Health Insurance Portability and Accountability Act, 45 CFR Parts 160–164 (health care information privacy)

• Abuse of Children — RCW 26.44.010; RCW 26.44.030(9)

• Notification of Juvenile Offenders — RCW 13.04.155(3)

• Examination questions — RCW 28A.635.040 (prior to examination)

• Confidentiality of substance abuse records — Public Law 98-24, Section 527 of the Public Health Services Act, 42 USC § 290dd-2

• U.S. and Washington Constitutional provisions — including the right of privacy and freedom of association

In addition, RCW 42.56.070(9) prohibits providing access to lists of individuals requested for commercial purposes unless specifically authorized by law.

This list is for informational purposes and is not intended to cover all possible exemptions. The district may rely on other legal exemptions not listed above.

Review of Denied Requests

Any person who objects to the denial or partial denial of a records request may petition the Public Records Officer in writing for a review. The petition should include a copy of or reference to the original denial. The district will consider the petition and respond within two (2) business days.

Questions?

For questions about public records requests, please contact:

Dan Winter Public Records Officer Montesano School District Phone: (360) 249-3942 Email: dwinter@monteschools.org

For more information, see Board Policy 4040 — Public Access to District Records.