The Model Rules for the Washington Public Records Act (WAC 44-14) may be changing under a new proposal from the Attorney General’s Office. While the Model Rules are non-binding guidance that are intended to describe the best practices for complying with the PRA, public records officer training must be consistent with the Model Rules and courts have historically looked to them as persuasive guidance when evaluating whether an agency acted reasonably in responding to a public records request. Therefore, if adopted, the changes to the Model Rules may impact PRA compliance processes for Washington public school districts in several ways, including:
- Adding record collection requirements related to the use of personal phones, devices, or accounts used for district business;
- Altering how district administrators handle intake, routing, third-party notices, and record production; and
- Increasing communication, documentation, and closure-related requirements for public records officers or designees.
Below is an overview of the proposed changes and their potential impacts. Read the proposed revisions to the Model Rules in full, here: Proposed Rules
New Requirements for Use of Personal Devices and Personal Accounts
Proposed revisions to rules governing the organization of records would require any district employee who receives public records on a personal device (i.e., a phone) or a personal account “to transfer or copy the records to work devices or work accounts within five business days, or in unusual circumstances as soon as practicable.” This change would likely require district policy updates and would increase the need for training and compliance oversight of all district employees.
Removal of Required Request Process Could Complicate Intake and Routing
Under the proposal, districts would no longer be able to require that requestors follow a single specific process for submitting records requests. Instead, districts could only recommend submission to a preferred person or address, but would also have to field requests submitted via other methods. This could potentially complicate request intake and require a wider number of district personnel to field, recognize, and route records requests. This change could also require district policy updates.
New Triage Expectation for Processing Requests
Under the proposed rules, districts would now be expected to triage “requests into simple and complex tracks to ensure that processing times are proportionate to the difficulty of each request.” Districts would also be expected to produce a “single, specific, available, identifiable record, that requires limited review for exempt content,” within five business days of a request. Both changes have the potential to increase the administrative burden on district personnel.
Changes to Request Evaluation and Initial Response
The proposed rules also update the language concerning the process for evaluating requests and providing an initial response to the requestor. Public records officers or designees would be required to evaluate the “nature of the request, volume, and availability of requested records” and the timeframe of the request, before responding to a requestor. If the public records officer or designee deemed the production of records “not practicable” within the timeframe specified by the requestor, the officer or designee would be required to “work with the requestor” to identify and prioritize individual records, potentially increasing the amount of time officers or designees spend communicating with requestors.
Updates to Third Party Notice Requirements
Proposed changes to the rules concerning third party notice include adding guidance that a district should “have a reasonable belief that the records are arguably exempt from disclosure” before sending notice to a third party. The notice would also now be required to include the date of the disclosure. This change could result in additional administrative burden on district personnel in that there would need to be more notice drafting, enclosure preparation, deadline calendaring, and coordination, especially when employee personnel, payroll, supervisor, or training-file records are requested.
Changes to Installment Procedure
The new rules would update the language concerning the process for providing records in installments, requiring that a district make records that are part of a larger request “promptly available” on “a partial or installment basis” while the rest of the record set is assembled. For a district, this change could result in a workflow burden as it would require more frequent productions, more installment notices, more tracking of the records sent and those still in review, and more communication with requestors.
Closure Required for All Requests
Under the proposed rules, a closing letter stating the scope of the request and memorializing the outcome of the request is now required for all requests. Previously, this was not required for smaller requests, or where the last communication with the requestor established that the request would be closed on a specific date. The closing letter would need to include the reason the request was closed, the date of closure, the fact that the district will not further address the request, and other information related to the requestor’s ability to ask questions or pursue judicial review.
How to Submit Comments on these Proposed Changes
The Attorney General’s Office is accepting written and public comments on the proposed changes until 5:00 pm on June 30, 2026.
To submit a written comment, send it to agorulemaking@atg.wa.gov before 5:00 pm on June 30.
The Attorney General’s Office will also hold a public hearing on June 30, 2026, from 3:00 pm to 5:00 pm, at the Capital’s John A. Cherberg Building, Rooms ABC (304 15th Avenue SW, Olympia WA).
Those who would like to watch via Zoom can do so via this link. Those who would like to provide a public comment via Zoom need to register here. Please note the deadline to register to provide a public comment via Zoom is 12:00 pm on June 30, 2026.
Contact Us with Any Questions
If you have any questions about these proposed rules and their potential impacts on your districts and schools, please contact Sarah Mack or any member of our School Districts team.
