ETHICS CASE STUDIES

1. ETHICS CASE STUDIES

2. Public records/meeting

3. I am requesting an opportunity to inspect or obtain copies of public records pertaining to threat assessments of public school students in school year 2018-19. Information is requested in electronic format if possible. 1. The district’s crisis management plan pertaining to how to handle a student, other than an active shooter, who poses an apparent threat. 2. The protocol, if any, for addressing the threat, including scoring guidelines. 1. Threat Assessments

4. Any instruments, definitions, or screeners for assessing the students and/or threats. Any handbook, manuals, trainings, memos, letters or guidelines communicated to staff or school leaders concerning threat assessments of students. Any standard or model communications to parents of students identified as potential threats. 1 - Threat Assessments (continued)

5. 6.Did the district have a threat assessment team in school year 2018-2019? If so, a. List by title, the members of the threat assessment team. b. What records of meetings, consultations, or actions were kept? c. What records were kept of students referred to the threat assessment team? d. Student reporting/data element specifications and where records are maintained (e.g., grade, gender, race/ethnicity, nature of threat, disposition). 1 - Threat Assessments (continued)

6. 7. Number of students assessed as potential threats in school year 2018-19: In grades 9-12; In grades 6-8; In grades K-5. 8. Categories by which threats/infractions are labeled (e.g., assault). 9. Number of students assessed within each category of infraction/threat. 10. Number of students assessed who were students with disabilities; Section 504; or students who had been referred as either a student with disabilities or potentially needing a 504 plan. 1 - Threat Assessments (continued)

7. 11. Categories of disposition of those students assessed (for example, threat not validated, in-school suspension; out of school suspension, expulsion from school, removal to alternative site, expulsion from district). • a. Excluding students removed under “zero tolerance” requirements, the number of students removed from the campus where enrolled at time of potential threat who were • Removed for less than one (1) academic week/five (5) days; • Removed for one (1) academic week/five (5) days to two (2) academic weeks/ten (10) days; • Removed for more than two (2) academic weeks. 1 - Threat Assessments (continued)

8. Excluding students removed under “zero tolerance” requirements, the number of students removed from the district where they were enrolled at the time of the threat; c. Excluding students removed under “zero tolerance” requirements, the number of students referred to law enforcement (beyond the threat assessment team): d. Number Baker Acted; e. Number referred for school-or district-provided mental health services; f. Number referred for community-based mental health services. 1 - Threat Assessments (continued)

9. 12. The appeal process(es) available to the student and his or her parent(s) or legal guardian(s). 1 - Threat Assessments (continued)

10. We request a waiver of all fees for this request since the disclosure of the information sought is not in the commercial interest. This information is being requested as part of a grant funded by the Florida Bar Foundation and is intended to contribute to the understanding of the impact of threat assessment processes. I will contact your office within one week to discuss when I may expect fulfillment of my request. Please feel free to advise me by email of the specific person I should contact within the district. If you or your records custodian have any questions in the interim, you may contact me at the number and email provided. 1 - Threat Assessments (continued)

11. What records are public? • What records are public if the information is redacted? • What if the information is not available – as in the request for the number of students assessed within a specific category of threat? • How would you assess fees? • How would you handle this request? Questions

12. Dear Superintendent: My children attend public school in this district. I am concerned about their safety and want to view the school safety plan that will be implemented for the 2019-2020 school year. Also, will there be a school resource officer at my child’s school – Safe Harbor Elementary School? What about a school guardian? Can you tell me who the school guardian is? I really want my child to know who will be carrying a gun at school. What other measures will be taken to keep the school safe? Are there cameras. Where are they? Will there be a school board meeting where this will be discussed? Can we view the safety plans then? How can we have input? Thank you – Concerned Parent 2. School Safety - Parents

13. Is this information exempt? Why or why not? Can the guardian be identified? How should this be handled? Questions

14. The father of Jimmy Nokout contacted the superintendent’s office reporting a fight on the bus that his son rides – Bus #1004. He would like to see a video of the fight if caught by the bus cameras. In addition, a reporter with the “Your Local Yokel” TV Station contacted the superintendent’s office after hearing of the fight. The reporter wants a copy of the video. 3. Requests for Bus Video

15. May the parent have a video of the fight that shows all of the students involved in the fight? May the parent have a video of just his/her student? May the TV station have access to the video of the fight and/or of the one student? Questions

16. What if the parent consents – must the video be given to the newspaper? Does the district have a duty to ask the parent if they wish to consent? What are the security issues surrounding this request, if any? Questions(CONTINUED)

17. Jane Doe, a high performing high school senior has been admitted to a prestigious out-of-state college. After she was accepted, in the spring of her senior year, Jane is Baker Acted. School officials have continuing concerns about potential harm to herself or others. Jane graduates and is headed off to college in the fall. 4. Duty to Inform?

18. Do school officials have any duty to report the Baker Act or concerns to the college? Even if there is no such duty, may the school officials share any concerns or are they prohibited from sharing any such concerns? Questions

19. 5. INFORMATION REGARDING BAKER ACTS Dear Sir: This is a public records request. Separate Requests Requiring Separate Responses Please treat each of the requests listed below as a separate request and respond to each separately as to: (1) the existence of such documents; (2) whether you intend to make the documents available; (3) if you claim any exemption or privilege; and (4) when documents are produced, the paragraph to which such documents are intended to respond.

20. Records Requests: All records that show how many times since August 1, 2015, children have been referred for examination under the Baker Act by your school district’s employees. 2. Records that show why each Baker Act referral since August 1, 2015 occurred, at what school, the race, sex, and age of the child, whether they have a disability and if so, what disability, and whether they have an IEP. 5. INFORMATION REGARDING BAKER ACTS (continued)

21. All records that show how many times since August 1, 2015, children have been required by your school district’s employees to undergo psychological examinations as a condition of attending one or more schools in your district. 4. Records, since August 1, 2015, that show why each such requirement that a child undergo psychological examination was made, at what school, the race, sex, and age of the child, whether they have a disability and if so, what disability, and whether they have an IEP. 5 - INFORMATION REGARDING BAKER ACTS (continued)

22. 5 - INFORMATION REGARDING BAKER ACTS (continued) All policies dated on or after August 1, 2015, regarding or related to involuntary examinations of children. All policies dated on or after August 1, 2015, regarding or related to requiring a child to undergo psychological examinations as a condition of school attendance.

23. If you claim that any record is exempt, please state in writing the citation and specific reasons that it is exempt. If you redact any portion of the records, please state in writing the citation and the specific reasons for such exemption and produce the remainder of the record. Please produce these records in a rolling fashion as they are located. If they are available electronically, we request that the be so produced, such as via email or on a CD or USB flash drive, to reduce costs. 5 - INFORMATION REGARDING BAKER ACTS (continued)

24. Questions • Are the following public records? • How many times children have been referred? • Records as to why each Baker Act occurred? • Records as to how many times and why children have been required to undergo psychological examination as a condition of attendance? • All policies/procedures relating to involuntary examination and required psychological examinations? • 2. What may be redacted? • 3. Are you obligated to provide the documents as specified in the request and in a “rolling fashion?”

25. Pursuant to Article I, Section 24 of the Florida Constitution, and chapter 119, F.S., I am making separate and independent requests for the following: 1. The names and email addresses of all employees of your school district except teachers. 2. The names and email addresses provided by the parents/guardians of students attending schools in your district. 3. The names and email addresses provided by anyone who has requested to receive public announcements from your school district. 6. Specific Information Request

26. 6 - Specific Information Request (CONTINUED) If there are any fees for providing the requested information, please inform me before filling my request. In this regard, I request a waiver of all fees for this request since the disclosure of the information I seek is not primarily in my commercial interest and is likely to contribute significantly to public understanding of the operations or activities of the government, making the disclosure a matter of public interest. Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial as required by s. 119.07(1)(d), F.S.

27. Questions How should you respond? Is any of this information exempt? What, if any, information must be redacted? Should the fees be waived? How should the fees be calculated?

28. My daughter is in the fourth grade and Mrs. Mathwiz is her teacher. I can’t believe the way she teaches math! She must have graduated from the University of Florida, but she claims that she graduated from The Florida State University. Please provide me with the college transcripts of Mrs. Mathwiz so that I can verify that she did, in fact, graduate from the University of Florida. I would also like to see her personnel file so that I can verify if any other complaints have been filed. Thank you. Mrs. Overzealous 7. Instructional Personnel Transcripts

29. Questions • Can Mrs. Overzealous have access to the personnel files of Mrs. Mathwiz? • What information is exempt? Transcripts? Other information? • Can Mrs. Mathwiz have access to complaints, if any? • What should be the response?

30. 8. TEACHER HOME ADDRESSEs Ruby Reunion is in charge of organizing her 2010 high school 10-year reunion next year. She wants to get a head start and has requested the home addresses of the retired and current high school teachers who taught at Leon High School during the 2009-2010 school year.

31. Questions • Can Ruby get the home addresses of the all of the teachers? • Will school addresses be acceptable for those teachers still teaching at the high school or in the district? • What if the requester is a commercial entity such as a health care provider or insurance agency?

32. 9. volunteer home addresses Nancy Promoter has been volunteering at her daughter’s school for the past two years. She would like to have a party for all of the volunteers in her school. In fact, she would like to plan an event that would recognize all of the volunteers. The school district has not done this in the past. She asked her school for a list of volunteers and contact information. She then emailed every principal and asked for the same information.

33. Questions Are the names and contact information public information? What if the schools do not keep a list of volunteers? Does the school still have to provide the information? Do any exemptions apply?

34. 10. TEACHER OBSERVATIONS My son, Jim Kirk, just finished the 2nd grade at Star Trek Elementary School. Jimmy had Mrs. Moonbeam last year for first grade. She was wonderful. However, Mr. Spock was his 2nd grade teacher and Jimmy did not do as well. I know that Mr. Spock was observed this year. I would like to have a copy of his video observation. I want to see how he treated Jimmy.

35. Questions • Is the video observation part of the evaluation? • If so, is it exempt? Please explain. • How should this request be handled?

36. 11. VIDEO RECORDING PLAY Leon High School’s production of “The Lion King” was so popular that on the last night of the play a live video of the entire play was streamed to an overflow crowd in the gymnasium. There is a recording of the live stream to the overflow crowd in the gymnasium. A late arriving grandparent could not get into the auditorium or the gymnasium and makes a public records request for a copy of the video that was made.

37. Questions • Is the video of the live stream a public record? • What if the parent also makes a request for any video recording of the play by the school? Would this video recording be a public record? • What about video recording of other parents? Are these public records?

38. 12. Board members calendars Dear Superintendent: I would like to have a copy of the calendar of each school board member. I want to know if they ever visit schools and how often. Sincerely, Steve Stalker

39. Questions • Is this a public records request? • If the school board/district maintains a calendar for each school board member, is this sufficient? • Does each school board member have to reproduce his or her calendar? • May the school board member redact personal appointments or events?

40. 13. SOFTBALL AND BASEBALL SCHEDULES Sportscrazed School District has 5 high schools. Steve Sportsenthusiast comes to the district office and asks for the softball and baseball schedules of each of the high schools. Highly Techy, a new district employee sitting behind the desk, told Steve that he could access the schedules on each of the high school websites. Steve said that he did not have a computer and still wanted the schedules.

41. Questions • Is it acceptable to inform Steve that the information is available on each school’s website? • Does the district have to provide the schedules? • Is the district obligated to provide any changes to the schedules (cancellations due to weather, etc.)? • Should Highly have referred Steve to the Custodian of Public Records?

42. 14. Student emails Oliver Tooconcerned is a parent of a high school student. He is concerned his daughter’s academic performance and has requested any emails that refer to or include his daughter.

43. QUESTIONS Are these emails considered student records? What information must be redacted from the email? How should any fees be calculated?

44. 15. REQUEST TO TEACHER Elizabeth Exasperated sent an email to her daughter’s teacher, Mrs. Longsuffering, about a 6th grade fundraiser involving the selling of wrapping paper. The proceeds will help defray the cost of the end-of-the year school trip. Each student was encouraged to sell $250 worth of wrapping paper. Mrs. Exasperated is not happy because she knows her daughter sold way more wrapping paper than the other students. She wants a list showing the amount raised by each student to see if every student participated and reached the $250 goal. Finally, she wants to know how much money was raised and what other fundraisers were planned.

45. questions • Does Mrs. Exasperated (parent) have to tell Mrs. Longsuffering (teacher) why she wants to know this information? • Does Mrs. Exasperated have to tell Mrs. Longsuffering why she wants the information? • Does Mrs. Longsuffering have to provide Mrs. Exasperated with a list showing the amount each student raised? What if a list does not exist? • Does Mrs. Longsuffering have to tell Mrs. Exasperated how much money was raised in total? • Does Mrs. Longsuffering have to tell Mrs. Exasperated about future fundraisers?

46. 16. Directory information Dear School Superintendent: Pursuant to the Florida Constitution, and Chapter 119, F.S., I am requesting an opportunity to inspect or obtain copies of student directory information in all of your schools.   Should you deny my request, or any part of the request, please state in writing the basis for the denial, including the exact statutory citation authorizing the denial. Thank you – George Ringleader, Graduation Rings, Inc.

47. questions • How should you respond? • How would you calculate fees?

48. 17. Multiple records I wish to make a public records request of your agency for the following: All records, regardless of form or means of transmission, that memorialize payment for all electronic devices or computers used for instruction in any school or for any district office. These records may include, but are not necessarily limited to, contracts, invoices, bills, checks, memos, emails, etc.

49. questions • How do you respond to a request as extensive as this one? • How do you estimate the costs? • What if the request was for the contracts, costs, etc. of security cameras and any other devices used for security in any school or for any district office?

50. 18. Dcf investigation A representative from the Department of Children & Families showed up at Brook Creek Elementary School and requested a copy of a student’s birth certificate and indicated that one parent was not cooperating with their efforts to identify and locate the other parent. The representative did not have a shelter order or any other authorization.