KORA Brochure

A Guide to Requesting Public Records from the Shawnee Mission School District 

The Kansas Open Records Act

The Kansas Open Records Act (KORA) grants you the right to access public records created or maintained by public agencies in Kansas, including the Shawnee Mission School District (SMSD). The Act, K.S.A. § 45-215 et seq., as amended, declares as public policy in Kansas that “public records shall be open for inspection by any person.” Public records are defined as “any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency.” Records that are owned by a private person or entity and are not related to functions, activities, programs or operations funded by public funds are not public records. 

Your Rights

You have the right to request assistance from SMSD’s Freedom of Information Officer at any time. You have the right to: 

  • Inspect and obtain copies of public records that are not exempt from disclosure by a specific law. 
  • Obtain a copy of the agency’s policies and procedures for access to records.
  • Receive a written response to your request within three (3) business days after SMSD’s date of receipt. The response may request additional time to determine record existence, availability, and any fees incurred to produce. 


Your Responsibilities


Your request may seek only existing records, whether written, photographic, or computerized.  

The Act does not require an agency to answer questions or create new documents to tabulate, synthesize or summarize dispersed information visual presentations and audio or video recordings are required to be produced only if such items were used in a public meeting. 

SMSD requires that requests be submitted with the requestor’s full contact information (see below). If requested, you must provide proof of identity. If you seek student listings, you may be asked to certify non-commercial intent pursuant to K.S.A. § 45-220(c). Commercial intents are declined, as K.S.A. § 45-230 prohibits state agencies from the gift or sale of any listing of names and addresses for the purpose of selling or offering for sale any property or service to persons listed therein. 

Reasonable fees for actual costs in SMSD time and resources must be paid prior to records production. Payment by check or money order should be mailed to the Custodian of Public Records. If the Custodian does not receive payment or further response within thirty (30) days after the date of the estimate, SMSD will consider the request abandoned. 

Requesting a Record 

Please make your description of the requested records as specific as possible, and include your full contact information:

  •    Name
  •    Organization (if requesting on its behalf)
  •    Mailing address
  •    Email address
  •    Telephone number 

Requests for records should be directed to the SMSD Custodian of Public Records: 
kora@smsd.org

Online Public Records Request Form

Paper Public Records Request form
Delayed and Declined Requests 
All effort is made to fully respond to your records request as soon as it is received; however, a determinative response may be delayed if:

  •  Clarification or refined scope is required.
  •  Legal issues must be resolved before requested records can be produced.
  •  The records are archived or stored off-site.
  •  The scope or large volume of requested records requires more time to assess record existence, availability, and any fees incurred to produce. 

Permission to access public records may also be declined if the request “places an unreasonable burden in producing public records or the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency.” See K.S.A. § 45-218(e). 

Exceptions
The Kansas Open Records Act recognizes that certain records contain private or privileged information, and the agency is not required to provide access to those records. The Act lists several exceptions, including but not limited to: 

  •  Records closed by the rules of evidence 
  •  Personnel records of public employees
  •  Medical treatment records
  •  Criminal investigation records
  •   Notes, preliminary drafts, or records in which opinions are expressed or actions are proposed
  •   Records for which disclosure would constitute a clearly unwarranted invasion of personal privacy
  •   Proprietary business information 
  •   Records protected by attorney/client privilege 

For the complete list, see K.S.A. § 45-221(a). 


Records more than 70 years old may be disclosed without regard to the above-listed exemptions, unless exempt under other federal or state law. Records only partially exempt will have the exempt portions excluded prior to production. Records that would unduly disclose individual identities may be produced if exclusion of identifying portions would prevent identification. 

Nothing in the Kansas Open Records Act supersedes federal law, including the Health Insurance Portability and Accountability Act (HIPAA) and the Family Educational Rights and Privacy Act (FERPA).


Fees 
Commensurate with the actual costs in employee time and resources, fees shall be charged for the retrieval, review, and production of public records. In accordance with K.S.A. § 45-219, fee rates are established by the agency and may be applied, with payment of total estimated fees required by check or money order in advance of records production. 

If the actual cost in time and resources exceeds the fee estimate, the requester will be billed for the balance of fees incurred, with full payment required before records production. If the actual cost is less than the fee estimate, the requestor will be refunded the difference.

Questions? 
If you have questions about KORA, SMSD’s policies, or seek to resolve a request-related dispute, contact SMSD’s Freedom of Information Officer: 

Jake Potter: Email –  jakepotter@smsd.org