FAQs

What is a public record?

Per RCW 42.56.010, a public record "includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics."

Are student records public records?

Yes, however, student records are federally protected from public disclosure by the Family Educational Rights and Privacy Act (FERPA). Student record requests should be directed to the school office where the student last attended.

Why do I need an appointment to examine public records?

Before public records can be made available for examination, staff need time to gather and prepare the requested records and to notify third parties affected by the request. We also need to ensure that appropriate staff are available to monitor examination of records.

I thought you had five days to respond to my request; it's been over a week and I don't have my records. Why?

While we make every effort to provide the requested records as quickly as possible,"respond" does not always mean "receive" within five days. The Public Records Act prescribes specific details of how a public agency must respond to a public records request (RCW 42.56.520). Within five business days following receipt of a public records request, we must do one of the following:

  • Make the requested records available for inspection; or
  • Provide the requested records; or  
  • Acknowledge receipt of the request and provide a reasonable estimate of when records will be available; or  
  • Seek clarification if the request is unclear or does not adequately identify the records sought; or
  • Deny the request in accordance with state law.

What factors determine how long it will take the district to complete my records request?

There are many factors that must be considered when determining how long it will take the district to fully respond to a request, including the size and scope of the request, the number of requests already being processed by the district, and staff availability to handle the requests. As our business is about students, some of the information contained in certain records may be protected under federal and state privacy laws. Sometimes these records requests may require additional time to notify third parties affected by the request, or to determine whether any of the information requested is exempt from disclosure (RCW 42.56.520).  

The district does not maintain an index of records. See Resolution 696 linked here.

What is a third party notification?

RCW 42.56.520 allows the district time to notify any person that may be affected by the release of a public record. If we believe there are affected third parties, the district will notify the requester that it requires additional time to complete their request while we provide notification to any affected third parties. This notification provides ample time for an affected third party to review the request and, if desired, exercise their right to seek injunctive relief from the courts.

Does the district have to release records to requesters?

We are required by law to make public records available for viewing upon request (RCW 42.56.070).

Are there any records that the district cannot share with the public?

Student records are protected from public disclosure by the Family Educational Rights and Privacy Act (FERPA). There are also public records that are exempt from public disclosure because they contain information that is exempt from public viewing. Some examples include personal information, banking information, and information that could be used to obtain a driver’s license or other form of identification (date of birth, social security number, home address, personal phone number, etc.).

Why does the requester want this record?

A person who requests a public record is not required to disclose the reason they want the record. In an effort to more clearly understand the records being sought, the district can inquire as to the reason for the request but the requester is not required to answer the question.

What about a person’s right to privacy?

When it comes to public records, a person’s right to privacy is violated if the “disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public.” (RCW 42.56.050).

How can a person prevent the district from allowing the examination or release of records to a requester?

A person can prevent the district from releasing public records to a requester by obtaining a superior court order that prohibits the district from allowing the examination or release of the records. This type of court order is called an injunction. A court would have to “find that such examination would clearly not be in the public interest and would substantially and irreparably damage any person.” (RCW 42.56.540).

Where can I find more information?

Public Records Act (RCW 42.56)

Washington State Office of the Attorney General

SWSD Policy 4040 Public Access to District Records

Charges for copying of public records is in accordance with RCW 42.56

42.56.120 (2) (b) An agency need not calculate the actual costs it charges for providing public records if it has rules or regulations declaring the reasons doing so would be unduly burdensome. To the extent the agency has not determined the actual costs of copying public records, the agency may not charge in excess of:

(i) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;

(ii) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;

(iii) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and

(iv) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and

(v) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge

(c) The charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

(d) An agency may charge a flat fee of up to two dollars for any request as an alternative to fees authorized under (a) or (b) of this subsection when the agency reasonably estimates and documents that the costs allowed under this subsection are clearly equal to or more than two dollars.

Please provide a detailed and specific request which includes the South Whidbey School District (SWSD) department, the name, and date of the record. For emails, please provide specific name(s) of who's email to search, the date range to search, and the specific terms you would like searched (please include AND/OR for multiple terms).

Please note that staff daily receive a large amount of spam/junk/sales emails. By narrowing the scope of the request, the records can be provided in a more timely manner. Emails filtered as FROM a staff member will typically remove the spam/junk/sales emails.

General Information

  • This portal is for public records requests for the South Whidbey School District only.
  • Records Requests on this portal are public. We suggest that you do not include confidential information such as birthdates or Social Security numbers.
  • Requesters’ information is not published on this portal; however, this information is public and may be released in response to a public records request.
  • Once you submit your request, you will receive email notifications regarding the status of your request. If you are not receiving the email notifications, check your spam/junk folder.
  • You can also log in to NextRequest (https://southwhidbeyschooldistrictwa.nextrequest.com//users/sign_in) and search for your request.
  • You are not required to include a school department when submitting a request, however if you are aware of one or more departments that may have records for your request, you may list them in your request. The SWSD Public Records Coordinator will assign the request to all applicable departments.

NOTE: It is not necessary to enter the same request multiple times for each applicable department. SWSD can assign one request to multiple departments.

Tips on submitting focused requests

  • Search the SWSD website for your request.
  • Be as specific as possible with the types of records that you are requesting.
  • Provide a date range for the records you are seeking. For example, from Jan. 1, 2020 to the date of the request.
  • List all known departments or specific employees that may be involved in the subject matter .

Anonymous Requests

If you submit a request without contact information, the portal will not allow you to receive updates for your request and you will not be able to log in to access documents. It will be your responsibility to check the portal for records that are posted publicly on the portal in response to your request. If SWSD needs clarification on your request in order to respond to your request and you provide no way to contact you, your request may be closed without a response.

Common Exemptions

PUBLIC RECORDS ACT – EXEMPTIONS

  1.  Public Employee Records - Exemption of Personal Information: RCW 42.56.230(3)
  2. Health Care Records of Individuals:RCW 42.56.360(2); Chapter 70.02 RCW; Chapter 70.96A RCW; Chapter 68.50 RCW; Federal Laws and Rules
  3. Federal Education Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g). Educational Records:  RCW 42.56.230
  4. Deliberative Process and Drafts: RCW 42.56.280
  5. Attorney/Client Privileged Records:RCW 5.60.060(2)