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4040P - Public Access to District Records Procedure

These procedures are established by the Superintendent and published pursuant to District Regulation 4040 and RCW 42.56.040 to set forth the process for public access to District records and to guide the District’s response to such requests. In processing public records requests, the District will provide the fullest assistance to requestors and the most timely possible action on requests, taking into consideration the volume and nature of the records sought.

District Public Records Officer

For the most timely and efficient response, requests for school District records should be directed in writing to the Public Records Officer listed below, whose responsibilities include serving as a point of contact for members of the public in this process and overseeing the District’s compliance with the Washington Public Records Act, Chapter 42.56 RCW, and Regulation 4040.

The current Public Records Officer of the District may be reached at the District’s Central Administrative Building as follows:

Tricia Romo, Public Records Officer
5150 220th AVE SE
Issaquah, WA 98029
425-837-7178
425-837-7005
romot@issaquah.wednet.edu

A variety of records and information are available on the District website at https://www.isd411.org. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

Indexing of Records

The District finds that it would be unduly burdensome to maintain a current index of District public records and would interfere with the district’s educational operations. in accordance with RCW 42.17.260 the School Board adopted Resolution 901 on March 8, 2006, declaring that the District will not maintain an index of public records.

Display of Descriptions, Policies and Procedures

The public records officer will compile, prominently display and make available the following for inspection and copying by the public at the District’s central office or electronically:

  1. Descriptions of the District’s organizational structure;
  2. Descriptions or statements of the general course and method by which the District operates;
  3. Descriptions of how, where and from which employees the public can obtain information, copies of public records, and this regulation and procedure;
  4. Descriptions or statements of all formal and informal District procedures; and
  5. All statements of general Regulation.

The public records officer will update the displayed materials identified above whenever an item is amended, revised or repealed.

Electronic Records

Electronic records including but not limited to e-mail and web content, that are created or received by the District in the transaction of District business constitute public records for the purposes of RCW 40.14. Such records shall be managed in accordance with all of the laws and regulations governing the retention, disclosure, destruction and archiving of public records. The District will manage electronic records under the same provisions applicable to paper records, as prescribed by the approved records retention schedules. Electronic records shall be retained in electronic format and maintained in a manner that ensures they remain usable, searchable, retrievable and authentic for the duration of the designated retention period. Electronic records designated as archival shall be preserved in their original format, together with the necessary hardware and software to access the data, unless the data has been successfully migrated to a new system in a manner that ensures continued accessibility and authenticity.

The District will retain records in compliance with the Public Schools (K-12) Records Retention Schedule and Local Government Common Records Retention Schedule as established by the Washington Office of the Secretary of State.

Identifiable Records

A request under the Washington Public Records Act (Chapter 42.56 RCW) and District Regulation 4040 must seek an identifiable public record.  General inquiries or requests for information that do not identify specific records are not considered a public records request or subject to Regulation 4040. Likewise, the District is not legally obligated  to create a new record in order to respond to a request for information.

Requests for Inspection and Copying

Upon written request, the District shall make available for inspection and copying any public record not exempt from disclosure under state or federal law. Written requests for inspection and/or copying of records should include the following information to assist the District in responding:

  1. The name, address, and signature of the requestor;
  2. The date of the request;
  3. Contact information for the requestor, including telephone number and email address;
  4. A description of the specific record(s) requested sufficient to enable the District to identify and locate the records; and
  5. If the request is for a list of individuals, a statement that the records will not be used for commercial purposes.

Written requests shall be submitted to the Public Records Officer. Records will be available for inspection and copying during the regular business hours of the District’s central administrative office, Monday through Friday, excluding legal and District holidays. The Public Records Officer and the requestor shall establish mutually agreeable arrangements regarding the dates and times for inspection and copying.

With respect to records that have been designated in writing as “open to inspection,” the custodian of such records at the facility where they are maintained may authorize inspection and copying. For all other records, access shall be granted only after review and approval by the Public Records Officer.

Pursuant to RCW 42.56.520, the District shall respond to each written request within five (5) business days of receipt by either:

  1. Providing the requested records;
  2. Providing an internet address and link on the agency’s website to the specific records requested.
  3. Acknowledging receipt of the request and providing a reasonable estimate of the time required to respond; or
  4. Denying the request (with an accompanying written statement of the specific statutory basis for the denial); or
  5. Seek clarification of any portion of the request that is unclear.

If the requested records contain information that may affect the rights of others, the Public Records Officer may, in the exercise of discretion and prior to disclosure, provide notice to those individuals or entities whose rights could be impacted. Such notice may include a copy of the public records request and may provide an opportunity for the affected party to seek judicial relief under RCW 42.56.540 to prevent or limit disclosure.

If a requested record contains both exempt and non-exempt information, the District will disclose the non-exempt portions and redact the exempt portions. The District will provide a written explanation of the statutory basis for each redaction in an exemption/withholding log.

Certain records are exempt, in whole or in part, under provisions of RCW 42.56 or other statutes that exempt or prohibit disclosure. If the District withholds a record in its entirety, the Public Records Officer will identify in writing the specific statutory exemption relied upon and provide a brief explanation of how the exemption applies.

If the Public Records Officer determines that disclosure of a record not otherwise exempt would be contrary to the public interest and would substantially and irreparably damage a vital governmental function or the rights of any person, the District may seek an injunction from the appropriate court to prevent disclosure, as authorized under RCW 42.56.540.

District staff shall provide the fullest assistance to members of the public submitting inquiries or requests for District records. Staff will identify, locate, and produce for inspection those records that are not exempt from disclosure and that have been sufficiently described in the request. In accordance with RCW 42.56.520, the District may respond to a request by directing the requestor to the District’s website and providing the specific Internet address where the requested records are available. If, however, the requestor states that they are unable to access the records online, the District will provide the records in an alternative format.

Upon request, the District will provide copies of public records at a cost of fifteen cents per page, together with the actual cost of postage and any mailing materials, if applicable. Consistent with RCW 42.56.120(2)(b), the District has determined that calculating the actual costs of copying is unduly burdensome and, therefore, adopts the statutorily authorized per-page charge. The District may require a deposit not to exceed ten percent (10%) of the estimated cost of providing copies and may charge for each installment as records are provided.

The Public Records Officer or designee may condition access to a public record containing a list of individuals on the requestor’s certification that the record will not be used for a commercial purpose. To ensure compliance with RCW 42.56.070(8), the requestor will be required to complete and return the District’s Commercial Purposes Declaration form. However, staff may not require the requestor to execute a hold harmless agreement as a condition of access.

The Public Records Officer is authorized to impose reasonable conditions on the manner in which records are inspected or copied in order to protect records from damage or disorganization and to avoid undue disruption of the District’s essential functions. Such conditions may include requiring that a District employee be present to monitor the inspection or copying of records by the requestor.

When a request encompasses a large number of records, the Public Records Officer or designee may provide records in installments as part of a larger set of records. Pursuant to RCW 42.56.120(4) and the Washington Administrative Code provisions 44-14-04005(1) and 44-14-040(12), the requestor must claim or review the assembled records within thirty (30) days of the District's written notification that the records are available and should the requestor fail to claim or review the records within the thirty-day period, the request shall be deemed abandoned and the request will be closed.

Upon determining that all records responsive to a request have been provided, the District will issue written notice to the requestor that the request has been fulfilled and is therefore closed. At that time, the District considers its obligations satisfied and does not anticipate taking further action pursuant to RCW 42.56.550.

If, after notifying the requestor that it has provided all available records, the District subsequently identifies additional records that were responsive and existed at the time of the request, the District will promptly notify the requestor of the existence of such records and produce them on an expedited basis.

Requesting Board Meeting Recordings

Effective June 30, 2024, requests for recordings of board meetings made pursuant to RCW 42.30.035 will only be a valid request for an identifiable record when the date of the recording, or a range of dates, is specified in the request. When searching for and providing identifiable recordings, no search criteria except date must be considered by the district.

List of Laws Exempting or Prohibiting Disclosure

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.

The above list is for informational purposes only and is not intended to cover all possible exemptions from the public records law.

In addition to those noted above, significant exemptions identified in the Washington State Public Records Act include:

  • RCW 42.56.070(8) prohibits providing access to lists of individuals requested for commercial purposes, and the District may not do so unless specifically authorized or directed by law.
  • RCW 42.56.230(1) exempts personal information in any files maintained for students in public schools.
  • RCW 42.56.230(2)(iii) exempts a student’s personal information in any records pertaining to the student, including correspondence.
  • RCW 42.56.250(1)(i) allows an employee who is a survivor of domestic violence, sexual assault, sexual abuse, stalking, or harassment to submit documentation to the district allowing the district to exempt their name and other personally identifying information from public disclosure.

The above list includes only exemptions which may be in addition to those set forth in Chapter 42.56 RCW. Under appropriate circumstances, the District may rely upon other legal exemptions which are not set forth above or contained within the public disclosure law

Adopted:

8/1/1998

Last Revised:

10/29/2025

Related Regulation:

Related Forms: