KBA-AR Public Records Request and Form

Code: KBA
Adopted: 2/19/14
Revised/Readopted: 8/08/17; 2/11/26
Orig. Code(s): KBA

A request to inspect or receive a copy of a public record shall be in writing and will be presented to the NWRESD Office of the Superintendent.

A “public record” includes any writing that contains information relating to the conduct of the public’s business, prepared, owned, used or retained by the ESD regardless of physical form or characteristics, unless otherwise exempted by law.¹ “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols or combination thereof and all papers, maps, files, facsimiles or electronic recordings. Public record does not include any writing that does not relate to the conduct of the public’s business and that is contained on a privately owned computer.²

All such information will be made available to individuals with disabilities in an accessible format upon request and with adequate advance notice. Auxiliary aids and services available to ensure equally effective communications to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials, or other equally effective accommodations.

The Board supports the right of the public to know about programs and services of its schools and will make reasonable efforts to disseminate information. Each NWRESD administrator is authorized to use available means to keep parents and other community members informed about NWRESD programs and activities.

If a copy of a record is requested, the NWRESD will provide a single certified copy. If a request to inspect a record is made and the public record is maintained in a machine-readable or other electronic form, the custodian for NWRESD shall provide the record in the form requested, if available. If not available in the form requested, the record will be provided in the form the public record is maintained. If a person who is a party to a civil judicial proceeding, to which the NWRESD is a party or who has filed notice under Oregon Revised Statute (ORS) 30.275(5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the individual must submit the request in writing to the designated custodian of NWRESD records and at the same time to the NWRESD’s attorney.

Employee and volunteer personal residential addresses, personal electronic mail addresses, social security numbers, dates of birth and personal telephone or cellular numbers, and other information listed in Oregon Revised Statute (ORS) 192.355 as exempt, contained in personnel records maintained by the ESD are exempt from public disclosure pursuant to ORS 192.368 and ORS 192.355 (3). This exemption does not apply to a substitute teacher, as defined in ORS 342.815, when requested by a professional education association of which the substitute teacher may be a member. Additionally, the ESD will not disclose the identification badge or card of an employee without the employee’s written consent if the badge or card contains the employee’s photograph and the badge or card was prepared solely for internal use by the ESD to identify ESD employees. A duplicate of the photograph used on the badge or card shall not be disclosed.

Upon receipt of a request, the NWRESD will respond as soon as practicable and without unreasonable delay.

The response must acknowledge the receipt of the request and one of the following:

1. A statement that the NWRESD does not possess, or is not the custodian of, the public record.

2. Copies of all requested public records for which the NWRESD does not claim an exemption from disclosure under ORS 192.410 to 192.505.

3. A statement that the NWRESD is the custodian of at least some of the requested public records, an estimate of the time the NWRESD requires before the public records may be inspected or copies of the records will be provided, and an estimate of the fees that the requester must pay as a condition of receiving the public records.

4. A statement that the NWRESD is the custodian of at least some of the requested public records and that an estimate of the time and fees for disclosure of the public records will be provided by the NWRESD within a reasonable time.

5. A statement that the NWRESD is uncertain whether the NWRESD possesses the public record and that the NWRESD will search for the record and make an appropriate response as soon as practicable.

6. A statement that state or federal law prohibits the NWRESD from acknowledging whether the record exists or that acknowledging whether the record exists would result in the loss of federal benefits or other sanctions. A statement under this paragraph must include a citation to the state or federal law relied upon by the NWRESD.

The NWRESD may request additional information or clarification from the requester for the purpose of expediting the ESD’s response to the request.

The Board reserves the right to establish a fee schedule which will reasonably reimburse the ESD for the actual cost of making copies of public records for the public. There will be no additional charge for auxiliary aids and services provided for persons with disabilities.

The NWRESD shall not, in accordance with state law, disclose personal information for the purpose of enforcement of federal immigration laws.

The NWRESD shall retain and maintain its public records in accordance with Oregon Administrative Rule (OAR) 166-005-0010 and Chapter 166, Division 400 and ORS Chapter 192.

END OF POLICY

¹There are multiple definitions for “public record” in ORS 192. This definition comes from ORS 192.311 and applies to the inspection of records.

² In accordance with Bialotosky v. Cummings, 319 Or. App.352 (2022), an individual board member may be considered a public body for public record purposes. Consequently, records created and retained solely by individual board members may be considered public records.

Legal Reference(s):

• ORS 180.805

• ORS Chapter 192

•  OAR 137-004-0800(1)

• OAR 166-005-0010

• OAR 166-400

  
  

  Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2018); 29 C.F.R. Part 1630 (2021); 28 C.F.R. Part 35 (2021).

  Oregon Dep’t of Justice, Oregon Attorney General’s, Public Records and Meetings Manual.

  Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133 (2018).

  Bialostosky v. Cummings, 319 Or. App. 352 (2022).