HIGHLINE PUBLIC SCHOOLS DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022

Dear •••••••• Anonymous Requester:
Thank you for your interest in public records of Highline Public Schools. Your request has been received and is being processed in accordance with the State of Washington Public Records Act, Chapter 42.56 RCW. Your request was received in this office on 11/21/2022 and given the reference number P000422-112122 for tracking purposes.  NOTE:  The day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the agency are also excluded in the calculation.  If your request has been submitted on the weekend, or on a holiday, the date received is the next business day. Records Requested: Burien, WA 98166
November 16, 2022
To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
HIGHLINE PUBLIC SCHOOLS DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022.
Via email: publicrecordsrequest@highlineschools.org
GOOD MORNING!
To whom it may concern,
WASHINGTON STATE OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION - EQUITY AND CIVIL RIGHTS (https://www.k12.wa.us/policy-funding/equity-and-civil-rights):
"The Washington State legislature notes that schools should be a place in which all youth feel safe. With racial equity as a central component of safety and security planning, it is imperative that all school safety and security staff not contribute to an unsafe environment for Black youth and youth of color."
PUBLIC RECORDS REQUEST RCW 42.56
I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
RECORDS INSTALLMENTS
If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.
Note: If your agency chooses not to produce the requested records in reverse chronological order as requested, and/or chooses to sandbag this request by dribbling out a few records per installment every 6 months (tee-hee), you can expect a separate targeted public records request for each line item by year - submitted via multiple members of the public, multiple times until the requested records are timely produced. This simple three part multi year request would then become twelve (12) separate public records requests. If your agency would prefer 12 separate individual requests, please let us know.
PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS
The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.
Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.
RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."
This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.
NATIVE ELECTRONIC FORMAT
Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.
FEES
In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.
EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.
EXEMPTION LOGS
Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.
COMMERICAL PURPOSE DECLARATION
The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.
The requested documents will be made available to the general public.
Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.
- See you tomorrow.
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 5 business days, as the statute requires.
Sincerely,
Ludwik Zbadac
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137005
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Not all public documents are available in electronic format. If the document(s) requested are not available electronically, we will make them available for inspection or by paper copy in accordance with the Public Records Act, Chapter 42.56 RCW.

Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The State of Washington Public Records Act, Chapter 42.56 RCW, does not require a governmental body to create new information, to do legal research, or to answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Records Center. Highline Public Schools
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/CustomerIssues.aspx)

Attachments:
Ludwik_Zbadac_P000422-112122_CPD.pdf (https://highlineschool.mycusthelp.com/WEBAPP/_rs/DownloadItemFile.aspx?iid=7aOzxQZckPQ=&fid=nJTkED6zqJ6JjINkatmF3G11PyxOQG4OLJQ2aTo3yj8=&cid=le4phOlOcNA=)

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of November 21, 2022., Reference # P000422-112122, Five-Day Letter

Dear Ludwik Zbadac,

Highline Public Schools received a public records request from you on November 21, 2022. The request was dated November 16, 2022. We are responding to a request that you sent to an email box in our District that is not used to receive or respond to public records requests. The box is not regularly checked for new requests or requester responses. When you emailed your request. you should have received an automatic reply directing you to this portal or US Mail.  We noticed that you did not create a new request so we are creating one for you. Please discontinue sending requests and responses to the email box.  The District has set up several ways to receive and respond to public records requests. For more information, login into our website at http://https//www.highlineschools.org/departments/records/public-records. (http://https://www.highlineschools.org/departments/records/public-records)
The District will only be able to provide the records to you to the extent that the records are in the District's possession. You indicated that you wish to receive the records in reverse chronological order. We will do our best to accommodate your request, except, we will not delay providing responsive records to you to meet your request. You also mentioned that you wish to receive an estimate of the total charge for the records. Again, we will do our best to accommodate your request, but, we will not do so if it will delay providing responsive records to you. The records will be provided to you in installments and you will be billed for each installment as they are produced. You may be required to pay 10% of the total charge for the responsive records prior to the District releasing your first installment. All requests are processed through this portal and this is the only source of electronic communication for all public records requests. You indicated that you do not wish to utilize GovQA to communicate with us, therefore, please send responses to us through US Mail at: Highline Public Schools15675 Ambaum Blvd. SW, Burien, WA 98166, Attn: Public Records Officer. We will mail this letter and future letters to you at the mailing address that you provided.  Responsive documents will be produced in Adobe PDF Format and will be available to you through this portal. As an alternative, you indicated that you would like to receive responsive records on a cd, which we are able to accommodate for a fee. Lastly, because you requested a list of individuals, a Commercial Purpose Declaration is attached for you to fill out and return. Fill out the declaration and return both pages. The declaration is a requirement to receive the list of individuals.
The following is what you requested:
To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
HIGHLINE PUBLIC SCHOOLS DISTRICT – School Resource Officer Program / School Safety and Security Staff Program / School District Law Enforcement Contracts and Agreements for the Years 2019-2022.
Via email: publicrecordsrequest@highlineschools.org
GOOD MORNING!
To whom it may concern,
WASHINGTON STATE OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION - EQUITY AND CIVIL RIGHTS (https://www.k12.wa.us/policy-funding/equity-and-civil-rights):
"The Washington State legislature notes that schools should be a place in which all youth feel safe. With racial equity as a central component of safety and security planning, it is imperative that all school safety and security staff not contribute to an unsafe environment for Black youth and youth of color."
PUBLIC RECORDS REQUEST RCW 42.56
I request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
RECORDS INSTALLMENTS
If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.
Note: If your agency chooses not to produce the requested records in reverse chronological order as requested, and/or chooses to sandbag this request by dribbling out a few records per installment every 6 months (tee-hee), you can expect a separate targeted public records request for each line item by year - submitted via multiple members of the public, multiple times until the requested records are timely produced. This simple three part multi year request would then become twelve (12) separate public records requests. If your agency would prefer 12 separate individual requests, please let us know.
PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS
The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.
Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.
RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."
This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.
NATIVE ELECTRONIC FORMAT
Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.
FEES
In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.
EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.
EXEMPTION LOGS
Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.
COMMERICAL PURPOSE DECLARATION
The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.
The requested documents will be made available to the general public.
Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.
- See you tomorrow.
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 5 business days, as the statute requires.
Sincerely,
Ludwik Zbadac
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 137005
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable."

Please review a copy of our fee schedule which is located here https://www.highlineschools.org/departments/records/public-records. We will inform you in advance if charges will apply and you will be given an opportunity to consent to the charges in advance. (https://www.highlineschools.org/departments/records/public-records)
We will notify you by to provide you with your first installment. This estimated time frame is based on the following factors: January 10, 2023,
The volume and complexity of other public records requests currently pending with the District The volume and complexity of your request The fact that you requested records that may need to be redacted and redaction log created The fact that the district will be closed for an upcoming holiday

Please note that RCW 42.56.070 provides in part:
(8) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law.....
Let us know if you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy

An interim response, stating the request is being processed.

Attachments:
Ludwik_Zbadac_P000422-112122_Option_2_Invoice_CD.pdf (https://highlineschool.mycusthelp.com/WEBAPP/_rs/DownloadItemFile.aspx?iid=7aOzxQZckPQ=&fid=TB9l7GFdPGx5oMGagSwADFj@@12KUqIjqZbSjtkZNWY5Hc=&cid=le4phOlOcNA=)
Ludwik_Zbadac_P000422-112122_Option_1_Invoice_Portal.pdf (https://highlineschool.mycusthelp.com/WEBAPP/_rs/DownloadItemFile.aspx?iid=7aOzxQZckPQ=&fid=TB9l7GFdPGx5oMGagSwADFj@@12KUqIjqZbLJH6lmIvbX0=&cid=le4phOlOcNA=)

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of November 21, 2022, Reference # P000422-112122, Closing Letter

Dear Ludwik Zbadac,

Highline Public Schools has completed and closed your Public Records Request P000422-112122. The records for item 3 are not being released because we never received a completed Commercial Purpose Declaration from you. We are providing you with four records at a cost of .05 cents. See the attached invoices which allows two options to receive the records electronically. lease respond to us through this portal or US Mail.
The following is what you requested:
1 request the following identifiable public records to be produced in the following order of production, newest to oldest by year:
1. Provide a complete copy of your agency School Safety and Security Data collection report as submitted by your agency to the Office of the Superintendent of Public Instruction (OSPI) for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
Answer: No Records Exist
2. Provide complete copies of any and all contracts and/or agreements your agency has with any law enforcement organization or agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order. See invoices for payment options
3. Provide complete contact information and email addresses for any and all Safety and security Staff, School Resource officers, Campus Security Officers, contract security personnel, and any other commissioned or noncommissioned employees or contractors whose primary job duty is to provide safety or security services for your agency for the School Years 2022, 2021, 2020, and 2019 in that chronological order.
Answer: Records are not being released because the District has not received a completed Commercial Purpose Declaration from you. If you need to respond to us, please do so by logging into this portal or correspond by US. Mail at Highline Public Schools. In the subject line add Public Records Request and the Reference Number P000419-111422. Mail to 15675 Ambaum Blvd. SW, Burien, WA  98166. Discontinue utilizing email boxes that are not set up to receive responses from requesters, Again, we ask that you utilize either this portal or US Mail to communicate with us. We are not responsible for delayed, lost, or unanswered requests and responses sent to email boxes throughout the District that are not monitored for requester activity.
Review your records within thirty (30) days. Pursuant to RCW 42.56.120, “If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided.  If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.”
Please note that RCW 42.56.070 provides in part:
(8) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law.....
Let us know if you have any questions.
Sincerely,
Michelle Terry
Certified Public Records Officer
Policy & Strategy
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=422&coid=)

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of November 21, 2022., Reference # P000422-112122. Letter
Dear Ludwik Zbadac,
Discontinue sending responses to email boxes. We correspond with requesters via GovQA. On Feb 2, 2023 your check was returned as it was written for the incorrect amount. .
To monitor the progress or update this request please log into the Records Center (https://highlineschool.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=422&coid=)