SAMPLE CALIFORNIA PUBLIC RECORDS REQUEST
With the advent of schools lying to parents and passing Parental Exclusion Policies (which a Federal Judge thankfully blocked recently!), some parents may find it necessary to demand some information from the school.
If this is you, you can use this sample that I obtained from Our Duty.
Sample Demand
I request you to direct this letter to the personnel responsible for responding to CPRA requests.
Public Records Act Request I:
Pursuant to the California Public Records Act, Govt. Code §§ 7920.000-07930.215 (formerly sections 6250-6276.48), I (“Requestor”) respectfully request to inspect all public records in the possession or control of the Capistrano Unified School District (“District”) for the following:
1. Every document, correspondence, presentation, PowerPoint and/or video, including electronic communication and in paper format, between the District, its employees, teachers, trustees, consultants and attorneys, and State Superintendent of Public Instruction Tony Thurmond or his office, regarding any and all policies related to the transgender students and/or parental notification policies between the dates of January 1, 2022 and present.
2. Every document, correspondence, presentation, PowerPoint and/or videos, including electronic communication and in paper format, between the District, its employees, teachers, trustees, consultants and attorneys and the California Attorney General State Rob Bonta or his office, regarding any and all policies related to the transgender students and/or parental notification policies between the dates of January 1, 2022 and present.
3. Every document, correspondence, presentation, PowerPoint and/or video, including electronic communication and in paper format, of any training provided to the District, its employees, teachers, trustees, consultants and attorneys referencing or regarding the District’s regarding any and all policies related to the transgender students and/or parental notification policies between the dates of January 1, 2022 and present.
4. Every document and correspondence, including electronic communication and in paper format, between or among any District employees, teachers, trustees, consultants to other District employees, teachers, trustees, consultants and attorneys regarding the District’s regarding any and all policies related to the transgender students and/or parental notification policies between the dates of January 1, 2022 and present.
5. Every document and correspondence, including electronic communication and in paper format, from any agents of the District, including consultants and mental health regarding the District’s regarding any and all policies related to the transgender students and/or parental notification policies between the dates of January 1, 2022 and present.
6. Every document and correspondence, including electronic communication and in paper format, from any students in the District regarding the District’s regarding any and all policies related to the transgender students and/or parental notification policies between the dates of January 1, 2022 and present. Please redact students’ names but leave the information referencing grade and school.
7. Every document, correspondence, presentations, trainings, PowerPoint and/or videos, including electronic communication and in paper format, referencing “Gender Support Plans” and informal files evidencing that students are identifying as transgender or gender nonconforming (defined as an individual whose gender identity falls outside the traditional male-female binary) between the dates January 1, 2020 and present.
8. Every “Gender Support Plan” or similar secret or informal record created for any District student between January 1, 2020 and present. Redact the student’s name, ID number, and identifying features, but leave the information referencing grade and school. Note which plans were kept from parents/guardians.
Request for Information in Electronic Format Pursuant to Government Code sections 7922.575 (a) & (b) & 7922.580 (b)
I seek these records in any and all electronic formats in which your office keeps them. Under the Public Records Act, the District’s office is required to deliver the information in Excel, Word, WordPerfect or some other program or programs, except emails are requested to be in PDF format. Government Code sections 7922.575 (a) & (b) and 7922.580 (b) (formerly section 6253.9 (a) (2) & (e)).
My request extends to receipt of this information in the electronic format your office maintains these records in. Delivery of this information to me by electronic mail to _______________ or via a thumb drive or via a disk is fine. I can supply the District with a thumb drive if needed. Please advise what electronic format these records are kept in.
In addition, if there are documents that satisfy this request that are in both electronic and paper formats, I offer to receive the electronic version of those records and forgo inspection and potential photocopying of those paper copies. It is hoped that this will save both me and the District time, trouble, and expense.
If you anticipate that data compilation, extraction, or programming will be required to satisfy a request (per Section 7922.580 (b)), please provide a written estimate and justification for same.
In addition, on May 28, 2020 the California Supreme Court ruled that an agency may not charge a requestor of responsive documents for the act of searching for those documents or for review and redaction of any portion of a responsive document where the agency is claiming it is subject to an exemption or privilege. National Lawyers Guild v. City of Hayward, et al (2020) 9 Cal. 5th 488.
This request reasonably describes identifiable records or information to be produced from that record. If you are unable to comply with this requires because you believe it is not focused or effective, California Government Code Section 7922.600 requires you to (1) Assist me in identifying the records and information that are responsive to my request or to the purpose of my request; (2) Describe the information technology and physical location in which the records exist; and (3) Provide me with suggestions for overcoming any practical basis for denying access to the records or information that I am seeking.
Pursuant to Government Code Section 6253(b), I ask that you make the record(s) “promptly available, for inspection and copying, based on my payment of fees covering direct costs of duplication, or statutory fee, if applicable.” I believe that no express provisions of law exist that exempt the record(s) from disclosure. Be mindful that Article 1, Section 3(b) (2) of the California constitution requires you to broadly construe a statute, court rule, or other authority if it furthers the right of access to the information I have requested and to narrowly construe a statute, court rule, or other authority if it limits my right to access.
If a portion of the information I have requested is exempt from discovery by express provisions of law, Government Code Section 7922.525 (a) & (b) requires segregation and deletion of that material in order that the remainder of the information may be released. If you determine that an express provision of law exists to exempt disclosure of all or a portion of the material I have requested, Government Code Section 7922.535 requires notification to me of the reasons for the determination not later than 10 days from your receipt of this request.
District’s response to this request is due within 10 days of the date of this letter.
Pursuant to Government Code sections 792.525 & 7922.530, District’s response to this CPRA request is due within 10 days from the date of this letter.
I look forward to hearing from you within ten (10) days.
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