Q: I have requested documents from a school district. The initial request was denied because the documents contain information concerning “pupil education records.” I responded that the information should be redacted but they still need to provide the redacted documents. The district Public Information Officer (PIO) replied with the same exact response, claiming the document is exempt. What further steps can I take to retrieve these documents?
A: As you aptly pointed out to the PIO, the school district could simply redact any exempt information from the records you seek, and provide you with the rest. Under the PRA, “disclosure is favored,” and therefore “all exemptions are narrowly construed.” County of Santa Clara v. Superior Court, 170 Cal. App. 4th 1301, 1321 (2009).
Thus, if there are any valid exemptions that apply to the records that you seek, but the agency could redact that information, then the agency should release the records in a redacted form. Gov’t Code § 6253(a) (“Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.).
You might consider writing to the PIO a third time and point out the school district’s duty to provide you with a redacted version of the document. In order to get the PIO’s attention (and avoid another cut-and-paste response), you might consider also pointing out that should you and your publication be forced to hire an attorney and bring a lawsuit to enforce your rights under the PRA, the school district will be financially responsible for your attorney’s fees, should you prevail. Gov’t Code § 6259(d).
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.