Electronic Communications Request
| Tracking # |
25-388 25-389 25-390 24-676 |
| Submitted | March 8, 2024 |
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Communications
From: Michael Locke
To Whom It May Concern:
Pursuant to the Florida Sunshine Law, I hereby request the following records:
Electronic communications (to include e-mail, “Classdojo” messages, or any other form of electronic messages) between Paige Locke (paigeorama707@gmail.com and paigelocke707@gmail.com) and Brevard Public Schools employee Ashley Tubbs (Tubbs.Ashley@brevardschools.org) for the period of 10/1/2022 until date of production
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.
Sincerely,
Michael Locke
From: Brevard County Public Schools, Viera
March 11, 2024
MuckRock News
Dept MR 160085
263 Hungtington Ave
Boston, MA 02115
E: requests@muckrock.com<mailto:requests@muckrock.com>
RE: Acknowledgement of Records Request Ticket ID# 24-676
Dear Michael Locke,
We have received your public records request.
Your request will be processed in accordance with the Florida Public Records Law.
Please be advised there are potentially fees to cover the cost of reproduction, including copier expenses, supplies and staff time associated with all requests. You will be advised as soon as possible regarding estimated costs. Payment will be due in advance by check or money order made payable to the School Board of Brevard County. If the actual cost is more than the estimate, your records will be released when payment in full has been received. If the actual cost is less than the estimate, a check for reimbursement will be requested and mailed to you.
PLEASE NOTE: Not all completed public records are in a digitized format. To receive a digitized version of a redacted record may require additional time and resources, resulting in additional expense.
You will be notified if records are exempt from public disclosure. Under public records laws, the district is not obliged to create a new document or records in response to a request for public records. Likewise, the district will not acquire computer software for the sole purpose of providing access or delivery of public records that are accessible by other means.
If you have any questions, please contact me at recordsrequest@brevardschools.org<mailto:recordsrequest@brevardschools.org>.
Holly Christmas
Florida Certified Records Manager
Brevard Public Schools
Division of Government and Community Relations
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can't change the past, but you can ruin the present by worrying about the future.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Florida Sunshine Law request, copied below, and originally submitted on March 8, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #24-676.
Thanks for your help, and let me know if further clarification is needed.
From: Brevard County Public Schools, Viera
Good Afternoon Mr. Locke,
I just received the emails. Emails requests take longer. Is this a request for MuckRock News or for you personally? These emails are considered educational records, and they are protected by the Family Educational Rights and Privacy Act.
Holly Christmas
Florida Certified Records Manager
Brevard Public Schools
Division of Government and Community Relations
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Michael Locke
Thank you for your response. To clarify, I submitted this request in my personal capacity as a parent, not on behalf of MuckRock or for any commercial purpose. Under the Family Educational Rights and Privacy Act (FERPA), as a parent I have a right to access my child's educational records, which includes communications between school staff that relate to my child.
Please let me know if you need any additional information from me to process this request, such as a copy of my ID or custody paperwork demonstrating my parental rights. I would be happy to provide that documentation. If there are any fees associated with searching for or copying these records, please inform me before fulfilling my request.
I understand you must comply with FERPA, but that law also ensures parental access to student records, with limited exceptions. FERPA requires redacting personally identifiable information about other students, but communications relating to my child should be provided to me, with appropriate redactions if needed.
If any responsive records are located, I would prefer to receive them electronically via email if possible, to avoid copying costs. If records are withheld or redacted, please cite the specific statutory exemption that forms the basis for the denial and advise me of the appeal procedures available to me under the law.
Thank you in advance for your assistance with my request. Please let me know if you have any questions or need further information from me.
Sincerely,
Michael Locke
From: Michael Locke
Thank you for your response. To clarify, I submitted this request in my personal capacity as a parent, not on behalf of MuckRock or for any commercial purpose. Under the Family Educational Rights and Privacy Act (FERPA), as a parent I have a right to access my child's educational records, which includes communications between school staff that relate to my child.
Please let me know if you need any additional information from me to process this request, such as a copy of my ID or custody paperwork demonstrating my parental rights. I would be happy to provide that documentation. If there are any fees associated with searching for or copying these records, please inform me before fulfilling my request.
I understand you must comply with FERPA, but that law also ensures parental access to student records, with limited exceptions. FERPA requires redacting personally identifiable information about other students, but communications relating to my child should be provided to me, with appropriate redactions if needed.
If any responsive records are located, I would prefer to receive them electronically via email if possible, to avoid copying costs. If records are withheld or redacted, please cite the specific statutory exemption that forms the basis for the denial and advise me of the appeal procedures available to me under the law.
Thank you in advance for your assistance with my request. Please let me know if you have any questions or need further information from me.
Sincerely,
Michael Locke
From: Brevard County Public Schools, Viera
Good Afternoon,
I understand under FERPA a parent has a right but please understand it also means I must be sure you are a parent. You didn’t disclose that in your original request and there is no email on file for you. Would you please send me a copy of a valid State issued ID/Driver’s License for identification? Thank you.
Holly Christmas
Florida Certified Records Manager
Brevard Public Schools
Division of Government and Community Relations
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Michael Locke
Please see attached. Thank you.
-
license.jpg
From: Brevard County Public Schools, Viera
April 17, 2024
MuckRock News
Dept MR 160085
263 Hungtington Ave
Boston, MA 02115
E: requests@muckrock.com<mailto:requests@muckrock.com>
RE: Records Request Ticket ID# 24-676
Dear Michael Locke,
Your request is ready to be picked up at the front desk in Customer Care, which is open 7:15 am to 4:30 pm. Please let me know if someone other than you will be picking up the record. You will need to bring a valid State issued ID/Driver’s license with you.
Please be aware that due to power outages over winter break, the system BPS uses to store emails was affected and we are in the process of recovering emails. We cannot be sure that these are all the emails going back to October 1, 2022 as requested. We are providing what the search did produce at this time but if you would like to resubmit your request in a couple of months, we will search again for you. We apologize for any inconvenience this may cause.
We do not have access to Class Dojo as it isn't something we own or manage. I believe you can contact Class Dojo to get your messages, but I don't think they will give you anyone else’s messages.
Should you have any questions or need further assistance, please feel free to contact me.
Holly Christmas
Florida Certified Records Manager
Brevard Public Schools
Division of Government and Community Relations
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Michael Locke
Dear Ms. Christmas,
I'm following up on Records Request Ticket ID# 24-676 from March 8, 2024. In my original request and April 1 clarification, I specified these records be provided electronically. While your April 17 response indicated records were available for physical pickup, I am requesting these communications be provided via email as originally requested.
Specifically, I am seeking any responses to the attached March 4, 2024 email from Paige Locke (sent at 11:48 AM) to Mrs. Tubbs regarding initiating an IEP process for Rowen. This email is of particular interest, and as Rowen's parent under FERPA and given these are also public records, I would appreciate receiving these communications electronically.
If electronic delivery of all responsive records presents any technical challenges, I would be happy to receive them in batches, starting with the March 2024 communications.
I understand there were system issues due to power outages affecting older records, but the March 2024 communications should not be affected by those winter break outages.
Please let me know if you need any additional information from me to process this request for electronic delivery.
Thank you for your assistance.
Best regards,
Michael Locke
From: Brevard County Public Schools, Viera
Good Afternoon Mr. Locke,
Ms. Seibel may have misunderstood about educational records as opposed to public records. Since Educational records are heavily protected and these emails would qualify as educational records, I cannot send them to an unsecure email. If you cannot come by and pick them up, I can mail them to you. Your driver’s license indicates you live in Melbourne Beach. Please confirm your mailing address and I will mail the emails that were responsive to this request tomorrow.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Michael Locke
Hello, thank you for the response. I’m about to send a test encrypted email from my personal email mbl22885@msn.com. Would that suffice to allow for the records to be sent electronically?
From: Michael Locke
127 Delvalle St. Melbourne Beach, FL 32951
From: Brevard County Public Schools, Viera
Good Evening,
If you cannot pick them up, then I will need to mail them. I will mail a copy to 127 Delvalle St., Melbourne Beach, FL 32951 tomorrow.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Michael Locke
Thank you.
From: Michael Locke
Given your role in the Office of Legal Services, I’m seeking clarification regarding district policy on recommending school-based counseling for a student who, according to official school records, displays no behavioral or academic concerns in school and is described as a role model to her peers.
As a parent, I am curious about how such a recommendation aligns with district procedures, particularly in a Title 1 school setting where resources are often allocated based on immediate, school-related needs. Specifically, I’d appreciate insight into:
1. District Procedures and Resource Allocation: What is the district’s stance on using Title 1 resources, like school-based counseling, for students who do not display in-school issues? How is this type of intervention typically justified and documented in such cases?
2. Compliance and Liability: Could recommending school-based counseling under these circumstances pose any compliance or liability concerns for the district, particularly if the recommendation is based on observations outside of the school environment?
Thank you for your time and assistance in clarifying the district’s policy on these matters. I look forward to your guidance on how this aligns with established procedures and legal obligations.
Best regards,
Michael Locke
-
IMG_5610.png
From: Michael Locke
Dear Ms. Christmas,
I am writing to request information pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, regarding a specific conference note dated March 7, 2024, associated with my child, Rowen Locke, who attends Sabal Elementary School.
The document in question pertains to a parent-requested meeting attended by Paige Locke, Ashley Tubbs (now Mrs. Woltman), and Debra Pollard. While the note reflects the meeting date of March 7, 2024, it does not indicate the date and time when the note was actually created or entered into the school’s record-keeping system.
I was informed of this meeting only after it had occurred and subsequently spoke with Ms. Tubbs (now Mrs. Woltman) via ClassDojo. In that conversation, I expressed my views on the subjects discussed during the meeting; however, these views were not reflected in the conference note. To ensure complete transparency and accuracy in my child’s educational records, I am requesting the following under FERPA:
1. Initial Entry Date and Time: Documentation or metadata showing when the March 7, 2024, conference note was first entered or saved in your electronic records system.
2. Audit Trail: An audit log or record of access, including any modifications, views, or retrievals of this document, along with the associated dates and times. This information will help verify when and by whom the document has been accessed or modified within the school’s system.
3. Explanation of Record Creation Process: Any policies or procedures relating to how records like conference notes are entered, saved, and generated from your system, specifically addressing any delays between the meeting date and the creation date of the document.
As a parent with rights to review and access my child’s educational records under FERPA, I am seeking this information to verify the accuracy and integrity of the documentation in Rowen’s records. I would appreciate a prompt response within the time frame required under FERPA regulations, and I am open to receiving these records in electronic format via email.
If there are any fees associated with providing these records, please inform me in advance. Should you require further clarification or additional information to process this request, feel free to contact me at the phone number or email address provided above.
Thank you for your attention to this matter. I look forward to your response.
From: Michael Locke
Dear Ms. Christmas,
Pursuant to my records request #24-676, I am attaching an email chain regarding a March 7, 2024 Zoom meeting concerning Rowen Locke. The chain includes:
March 4, 2024 11:48 AM email from Paige Locke to Mrs. Tubbs
March 4, 2024 12:43 PM response from Mrs. Tubbs
March 4, 2024 6:48 PM confirmation from Paige Locke
Could you please confirm whether this is a true and accurate copy of the educational record maintained by Brevard Public Schools?
Thank you for your assistance.
Best regards,
Michael Locke
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Paige_IEP_Email_Chain_3_4_2024.jpg
From: Brevard County Public Schools, Viera
Good Morning,
We have received your records request.
Your request will be processed in accordance with the Florida Public Records Law.
Please be aware The School Board of Brevard County, Florida is not a covered entity under HIPAA and therefore Directive Letter/HITECH Act.42 is not applicable. The School Board of Brevard County as a political subdivision of the State of Florida, is required to comply with Florida Statutes in response to its responsibility to comply with requests for public records, particularly, Section 119.07, Florida Statutes, titled Inspection and copying for records; photographing public records: fees: exemptions.
Please be advised there are potentially fees to cover the cost of reproduction, including copier expenses, supplies and staff time associated with all requests. You will be advised as soon as possible regarding estimated costs. Payment will be due in advance by check or money order made payable to the School Board of Brevard County. If the actual cost is more than the estimate, your records will be released when payment in full has been received. If the actual cost is less than the estimate, a check for reimbursement will be requested and mailed to you.
PLEASE NOTE: Not all completed records are in a digitized format. To receive a digitized version of a redacted record may require additional time and resources, resulting in additional expense.
You will be notified if records are exempt from disclosure. Under public records laws, the district is not obliged to create a new document or records in response to a request for public records. Likewise, the district will not acquire computer software for the sole purpose of providing access or delivery of records that are accessible by other means.
If you have any questions, please contact me at recordsrequest@brevardschools.org<mailto:recordsrequest@brevardschools.org>.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Brevard County Public Schools, Viera
Good Morning,
We have received your records request.
Your request will be processed in accordance with the Florida Public Records Law.
Please be aware The School Board of Brevard County, Florida is not a covered entity under HIPAA and therefore Directive Letter/HITECH Act.42 is not applicable. The School Board of Brevard County as a political subdivision of the State of Florida, is required to comply with Florida Statutes in response to its responsibility to comply with requests for public records, particularly, Section 119.07, Florida Statutes, titled Inspection and copying for records; photographing public records: fees: exemptions.
Please be advised there are potentially fees to cover the cost of reproduction, including copier expenses, supplies and staff time associated with all requests. You will be advised as soon as possible regarding estimated costs. Payment will be due in advance by check or money order made payable to the School Board of Brevard County. If the actual cost is more than the estimate, your records will be released when payment in full has been received. If the actual cost is less than the estimate, a check for reimbursement will be requested and mailed to you.
PLEASE NOTE: Not all completed records are in a digitized format. To receive a digitized version of a redacted record may require additional time and resources, resulting in additional expense.
You will be notified if records are exempt from disclosure. Under public records laws, the district is not obliged to create a new document or records in response to a request for public records. Likewise, the district will not acquire computer software for the sole purpose of providing access or delivery of records that are accessible by other means.
If you have any questions, please contact me at recordsrequest@brevardschools.org<mailto:recordsrequest@brevardschools.org>.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Brevard County Public Schools, Viera
November 5, 2024
Michael Locke
127 Delvalle St
Melbourne Beach, FL 32951
P: 321-506-9557
E: requests@muckrock.com
RE: Records Request Ticket ID# 25-390
Dear Michael Locke,
The scanned email attached appears to be a scanned copy of an email I mailed to you recently with additional emails for your request #24-676. If that is the case, then it is a true copy of the email.
Should you have any questions or need further assistance, please feel free to contact me.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Brevard County Public Schools, Viera
December 9, 2024
Michael Locke
127 Delvalle St
Melbourne Beach, FL 32951
P: 321-506-9557
E: requests@muckrock.com
RE: Records Request Ticket ID# 25-389
Dear Michael Locke,
The conference note was created on 2024-03-07 15:19:07.557 by Tubbs.Ashley@Brevardschools.org<mailto:Tubbs.Ashley@Brevardschools.org>. There is no other user activity.
There are no documents to explain the records creation process.
Should you have any questions or need further assistance, please feel free to contact me.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
From: Brevard County Public Schools, Viera
December 9, 2024
Michael Locke
127 Delvalle St
Melbourne Beach, FL 32951
P: 321-506-9557
E: requests@muckrock.com
RE: Records Request Ticket ID# 25-388
Dear Michael Locke,
There is no specific policy on compliance and liability concerns for the district regarding recommending school-based counseling, which is also within the scope of the counselor’s role.
There are no documents to explain the records creation process.
I have attached the policies on Guidance and Counseling and the Student Development Plan that addresses the school counselor's role.
Should you have any questions or need further assistance, please feel free to contact me.
Holly Christmas
Florida Certified Records Manager
Office of Legal Services
Brevard County Public Schools
2700 Judge Fran Jamieson Way
Viera, FL 32940
321 633-1000 x11453
[BPSLogoColor]
You can’t change the past, but you can ruin the present by worrying about the future.
