Lindeman v. Kelso School District No. 458

Summary

The Washington Supreme Court held that a school district could not withhold a school-bus surveillance videotape under the former Public Disclosure Act's student-file exemption. The court concluded that the district failed to establish that the videotape was personal information maintained in files for students, reversed the Court of Appeals, and remanded for disclosure and an award of fees, costs, and discretionary penalties. Separate opinions concurred in part and dissented regarding whether the record could potentially fall within the exemption.

Holdings

1. A school-bus surveillance videotape may be withheld under former RCW 42.17.310(1)(a) only if the agency establishes that it is both personal information and in files maintained for students. The District failed to establish the second requirement, so the videotape was not legally exempt and had to be disclosed.
2. Because the District failed to establish the exemption and the videotape should have been disclosed, the Lindemans were the prevailing party and were entitled to attorney fees, costs, and discretionary penalties under the Public Disclosure Act.

Questions Presented

1. Whether the Kelso School District established that the school-bus surveillance videotape was exempt from disclosure under former RCW 42.17.310(1)(a) as personal information in files maintained for students.
2. Whether the Lindemans were entitled to attorney fees, costs, and penalties under the Public Disclosure Act after prevailing on their disclosure request.

Disposition

reversed_and_remanded