The Attorney General’s Office (AGO) issued an update to the Model Rules for the Washington Public Records Act (WAC 44-14) this week. The AGO undertook the rulemaking process in response to a 2024 petition from the Seattle Times and other members of the media, who cited concerns about agency delays in satisfying records requests. Following a proposal and review process, the AGO issued amendments to 11 model rules on October 26, 2026, several of which may carry implications for School District PRA compliance processes. The changes go into effect on November 26, 2026.
While the Model Rules are non-binding guidance 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. The changes with implications for School Districts include:
- 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 changes to the Model Rules and their impacts. Read the Model Rules in full here: Final Model Public Records Act Rules.
New Rules for Use of Personal Devices and Personal Accounts
An amendment to the rule governing the organization of records requires that any district employee who receives public records on a personal device (i.e., a phone) or a personal account “shall transfer or copy the records to work devices or work accounts as soon as practicable.” This change may require district policy updates and increase the need for training and compliance oversight of all district employees.
Removal of Required Request Process May Complicate Intake and Routing
Under the amended rules, districts may no longer require that requestors follow a single specific process for submitting records requests. Instead, districts may only recommend submission to a preferred person or address, but would also have to field requests submitted via other methods. This may complicate request intake and require a wider number of district personnel to field, recognize, and route records requests. This change may also require district policy updates.
New Triage Expectation for Processing Requests
District are now expected, when appropriate, to triage “requests into simple and complex tracks to ensure that processing times are proportionate to the difficulty of each request.” Districts are 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 amendments update the language concerning the process for evaluating requests and providing an initial response to the requestor. Public records officers or designees are 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 deem the production of records “not practicable” within the timeframe specified by the requestor, the officer or designee are 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
The amended rules concerning third party notice include 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 is also now required to include the date of the disclosure. This change may increase administrative burden on district personnel in that there may to be more notice drafting, enclosure preparation, deadline calendaring, and coordination, especially with requests for employee personnel, payroll, supervisor, or training-file records.
Changes to Installment Procedure
The amendments 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. This change may result in a workflow burden as it may 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 amended rules governing the general process of record requests, 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 also needs 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.
Questions
For questions about the amended Model Rules and how they affect your district’s PRA policies, processes, and training, please reach out to Sarah Mack or any member of our School Districts team.
