Institute for Curriculum Services (Indiana Department of Education)

Alex Kane filed this request with the Indiana Department of Education of Indiana.
Multi Request Institute for Curriculum Services
Est. Completion None
Status
Fix Required

From: Alex Kane

To Whom It May Concern:

Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:

Any contracts between the Education Department and the Institute for Curriculum Services, and the content of any professional development materials or presentations prepared by the Institute Curriculum Services for the Education Department since October 7th, 2022. I also request any email communication between Education Department employees and employees of the Institute for Curriculum Services since October 7th, 2022.

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 7 business days, as the statute requires.

Sincerely,

Alex Kane

From: Indiana Department of Education

Good afternoon Alex,

Thank you for contacting the Indiana Department of Education (“IDOE”). Beginning in December 2023, all legitimate public records/APRA requests seeking a tangible, existing document must be submitted via the Indiana Department of Education’s APRA Portal<https://in.accessgov.com/doe-apra>. Requests submitted via email or traditional mail will not be accepted. Please submit your request via the Indiana Department of Education’s APRA Portal<https://in.accessgov.com/doe-apra>.

Regarding your request for “Any contracts between the Education Department and the Institute for Curriculum Services (“ICS”)”, the IDOE was not able to find a record of a contract between the IDOE and ICS.

Regarding your request for “email communication between Education Department employees and employees of the Institute for Curriculum Services” from 10/7/2022 through 11/21/2024, please note that the Access to Public Records Act (“APRA”) requires that a records request “identify with reasonable particularity the record being requested.” I.C. § 5-14-3-3(a)(1). The Department is unable to identify records in our possession based on the parameters you have provided. The Indiana Public Access Counselor has “acknowledged that if a requester were allowed to tell a public agency to figure out what records the requester wanted it would be tantamount to a ‘fishing expedition,’ which is not the intention of the APRA as the legislature drafted it.” See Opinion of the Public Access Counselor 20-FC-41. In 21-FC-72, the Public Access Counselor opines that “a reasonably specific email search entailed the identification of a named sender and recipient within a time frame.” In addition, the Public Access Counselor also states that a time frame of six months or less, and a subject matter or key word list be included in the request. Opinion of the Public Access Counselor, 21-FC-72 (2021).

When you submit your request via the Indiana Department of Education’s APRA Portal<https://in.accessgov.com/doe-apra>, please be sure to include the following information in your request for “email communication”:

1. A named sender;
2. A named recipient;
3. A time frame of 6 months or less; and
4. A key word list.

Note for Email Requests:

1. If the sender/recipient is an Indiana Department of Education employee, must provide the employees name (and if possible, their email address), and/or General Department Email such as publicrecords@doe.in.gov<mailto:publicrecords@doe.in.gov>);
2. If the sender/recipient is not an Indiana Department of Education employee, must provide the email address of the sender/recipient (and if possible, their name).

Thank you,

- Billy

William H. Ottensmeyer
Staff Attorney
Office of Legal Affairs
Indiana Department of Education
www.doe.in.gov<http://www.doe.in.gov/>

CONFIDENTIALITY NOTICE:
A lawyer has sent this communication. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the original and intended recipient, you may not read, print, retain, copy or disseminate this message or its attachments, in whole or in part. If you have received this message in error, please delete this message and its attachments from your system without reading the content, and notify the sender immediately of your receipt of it. The sender does not intend to waive, in any respect, any of the applicable privileges that may attach to this communication, including, but not limited to, the attorney-client privilege. Thank you for your cooperation.