"The Hon, Theresa Doyle IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON TN AND FOR KING COUNTY CECILIA PALAO-VARGAS AND JOAN SIAS, Pian NO, 10-2-28661-68EA DECLARATION OF CECILIA PALAO-VARGAS IN REPLY TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT SEATTLE SCHOOL DISTRICT NO. 1, IN KING COUNTY, STATE OF WASHINGTON, BOARD OF DIRECTORS OF SEATTLE SCHOOL DISTRICT NO. 1, and MARIA GOODLOE-JOHNSON, Superintendent and Secretary ofthe Board, Defendants J, Cecilia Paloo-Vargas, declare under penalty of perjury under the laws of the State of ‘Washington that the following is true and accurate: PALAO-VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDANTS’ SUMMARY JUDGEMENT MOTION1. Lam one of the plants in the above-captioned proceeding agunst the Seattle Schoo! District (Distt) and am representing myself. Lam over the age of 21, competent to testify about the matter stated herein, and make this declaration based on my personal knowledge. 2. 14d not recive 4 eter hy 11S. Mil fiom District's counsel, Jeffrey Freimund. dated October 20, 2010, unt served with Defendants Motion for Summary Judgment on January 4,2011, "The first I beard of threatened CR 11 sanctions was vin email on January 5, 2011. Attache to this Declaration as Exhibit 1 i a ue and acurate copy ofthe email (oo attachments) received from Mr. Feeimund, Attached to this Declaration as Exhibit 2 ‘sa tue and accurate copy of my response to Mr reimund (w attachments) dted January 7, 2011, sent vin entified U.S. Mai 3. [posted by cetitied U.S. Mal, letters to Mr. Freimund on October 1, 2010 and ‘October 8, 2010 (the later which he obviously received based on Exhibit 6 of Freimand’s Declatation) requesting the fol Transcript of Evidence (TE) due August 26, 2010, tached t this Declaration as Exhibits 3 and 4 are tee and accurate copies of my letters to Mr Frimund (wl attachments) on October 1, 2010 and October 18, 201, respectively. 5, spoke with my daughter's special education teacher an September 10, 2010 by phone rganting my request to opt her out of pending MAP testing. The esting window ‘was a wock in September 2010 and was stated to happen during Technology period. 1 was informe dat the schoo! administrators said my daughter would have to spend that period siting inthe offis; | found those conditions very objectionable. My daughter will miss over fiteen hours of Techaology instruction this year due to MAP test warm-up, PALAO-VARGAS DECLARATION 2 [OPPOSITION TO DEFENDANTS! SUMMARY SUDGEMENT MOTIONpreparation, and testing, tached to this Declaration as Exhibit Sis a te and accurate copies of my request fo opt-out my daughter, and Exhibit 6 i a true and accurate copy of ‘ny subsequent follow-up request tha er time be spent in more fitful manner without punitive overtones. 6. Communications from the testing sofware vender, NWRA, indicate that: MAP is sot nomed for children in special education; for example, results for “ypieal” growth calculations would not be applicable to special education students. The vendor advises that, in order NOT to affect normative data, special education children can be tested ‘outside the testing window when all other children will est, hereby not impacting nom ata, This isolates special education cidren even more than they already are. AS an altemative the vendor noes tht, when certain accommodations for special-edvcaion students invalidate test results, the District should delet sheir est ests. The limitations ofthe testing software deprive special education families ofthe fll eneits of a formative assessment, Attached to this Declaration as Exhibit 7 is @ true and accurate copy of an email with attachments fiom NWEA fo Defendants’ staff regarding. permissible accommodations, and methods to remove special education students’ test results from * Distict records. Exhibit 8 is a true and accurate copy of an email fom District staf to [NWEA requesting assistance with deleting a special education students dt, 7. As a general taxpayer, Tam aggrieved when the Defendants repately flaunt statutory requirements for open, competitive procurement of goods and services. AS a school district in the state of Washington, Defendants must abide by RCW 284.335.190 for competitive procurement of “furniture, supplies, equipment, building, improvements, PALAO-VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDANTS’ SUMMARY JUDGEMENT MOTION‘or repairs, oF other work or purchases, except books" valued at over $50,000. RCW 38.08.270 desries the requirements for municipalities seeking to purchase eletronie data processing and felecommunications equipment, software, of service, At minimum, Defendants must exereise due diligence when evsluting sole source procurements to fencure the taxpayer ie geiting the best value for the cost of the contract, The State Auditor's Office issued is financial audit of the School Distst on May 24,2010, Notice ‘of Appeal (NOA), Exhibit 6, ‘The Fist finding points to Defendants repetitive failure 10 ‘comply with federal procurement requirements with regards to competitive bidding and record-keeping requirements similar findings appeared in two previous financial aves 8, The District has filed to abide by the Public Records Act and disclose ALL information related to: a) Dr, Maria Goodloe-Jobnson’s (Superintendent) appointment and involvement on the NWEA Boadl of Directors; and, 6) the stuiy, procurement and itpplemention of NWEA's MAP assessment, The orignal, detailed request was submitted August 16,2010. I have received materials as recently as January 7, 2011 and have yet to rceive all levant documents. Adached to this Declaration as Exhibit 9 are teue and accurate copies of my correspondence with Distit's Public Records Officer and the Ombudsman atthe State Atomey Generals office. 9. ‘The District did not comply with statutory roqirements for purchasing NWEA. MAP assessment in 2009, ‘The School Board Action Report dated July 1, 2008, prepared under the supervision ofthe Superintendent, recommended award of a $404,428 contract to NWES for its MAP software Transcript of Evidence (TE) pgs 1683-1699, ‘This motion was approved by the School Board (Board). There is no factual basis for waiver of PALAO.VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDANTS! SUMMARY JUDGEMENT MOTION‘competitive procurement as required by RCW 39.08,280, nor was one ever made public. ‘A memo to file, dated September 10, 2009, was prepared after the Board approved the contract documenting the Defendants” failure to follow the statutes and procedure TE pp 1730-731, pp 2180-2100. 10, There is no disclosure in the official record of Superintendent's position om this vendor's Board of Directors before formulation ofthe 2009 NWEA contract as required by ROW 42.23.040. When her position on the NWEA board came to the attention of the general public, Superintendent verbally acknowledged her tenure on the NWEA. bourd at the November 8, 2009 regular legislative meeting of the Board. A transcript of this meeting is not available. The Superintendent's starement is available on the District's official record in video format and available at the following web link: htp:/wwwseattlechanneLonp/videos/video,asp?1D=8435, at minute 10s, 10, The rationale provided for “sole-source” procurement in 2010-2011 was the “renewal” ofthe NWEA contract. State statutes have no provision for contract “renewals”. Merely because the vendor's contract boilerplate language allows for renewals does not ‘mean a municipality can bypass statutory requirements for competitive bidding. Defendants’ 2009 contract with NWEA did not state @ multi-year term. 11. Defendants had NWEA begin work before the 2009 contract was finalized. This may constitute a gift to Defendants, as thers was no written contract between the parties at the time MAP testing began in September 2009. The State Auditor’s Office issued its accountability audit of the School Distriet on July 6, 2010. NOA, Exhibit 17. The fifth PALAO-VARGAS DECLARATION IN (OPPOSITION TO DEFENDANTS! SUMMARY JUDGEMENT MOTIONfinding points to Defendants improperly allowing work to begin before conracts sere in place, This had been reported in the previous year's audit as well, Emails between NWEA and the District discuss the delay to finalization of the 2009 NWEA contact, TE pp 1511- 1512 12, Superintendent began her service on the NWEA. Board in June 24, 2008 when she attended her first meting ofthe NWA Board of Ditetors. Attached to this Declaration a5 Exhibit 10 isa tee and accurate copy of an email from Sup intendent to Joe Wise, an [NWEA Board member, dated January 31, 2008. Atached o this Declaration as Exhibit 11 is true and accurate copy of an email fiom the CEO of NWEA to Superintendent wwelsoming he othe NWEA Board, dated March 26,2008. 15, On January 24, 2011 Mr. Freimund graciously agreed to withbold objection to filing of this Memorandum in Opposition on January 26, 2011, Attached to this Declaration as Exhibit 12 isa tre and accurate copy of an email rom Mr. Freimund dated January 24, 2011 SIGNED this 26" day of fanuary, 2011 in Seattle, WA. Cecilia Palso-Vargas Plintif, Pro Se 11260 37" Ave SW Seattle, WA 98146 PALAQ.-VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDANTS” SUMMARY JUDGEMENT NOTIONEXHIBIT 1 PALAO.VARGAS DECLARATION IN (OPPOSITION TO DEFENDENTS SUMMARY JUDGEMENT MOTIONWindows Live Hotmail Print Message Page 1 of 2 RE 10-2-28661-6 SEA Motion to Dismiss From: Jott Freimund (tFefitawcom) Sent: Wed 1/05/11 6:11 PM To: an las joand@mathascont org) ce: Pand CModoumick (epymaciahotma.com) © 10 attachments 20110104 Notice of Hearing pl (625 KB) ,20110104 Motion for Summary udgment pdt (264.9 KE) 2att0104 Proposed Order Granting Summary Judgment pat (98.1 KB), 20110104 Dedaration of FReimund pot (796 X8}, 20110104 Declaration of Fremur Baxbit tpt (F310 HB), 20110104 Dedaration ot ound Bx 27a (01.7) 20110104 Dedleration of Freimund Exist 3p (4228 KB), 20110404 Declaration of remind Exhibit Apa (54.9 KB), 201 10104 Dedlaration of Fiend hibit Spdf 207-4 KB}, 20170104 Declaration of Freimund Exit 6p (4.1 KE) 1 sent the letter to you and Ms, Palao-Vargas by regular mail on October 20,2010, I didn’t send it by certified mail or by email, 30 I don’t have any other proof that it was mailed then. If'you say neither ‘of you received it, P'l have to take your word for it, Under these circumstances, if you voluntarily dismiss at this point 'm eestain the District would forego the CR 1 sanctions. Please let me know how you wish fo proceed Inany event, attache are the pd files ofthe District's motion and supporting documents. Are you able to speak for Ms, Palao-Vargas when you say Tan emit all future pleadings and don’t need to "use regular mail service to either of you? If so, then I'd be agreeable to email service, 00. Jeff Freimund Freimund Jackson Tardif & Benadiet Garratt, PLLC (260) 594-9960 From: Joan Sle [mabto:joanemathascent.ord] Sent: Wednesday, Janary 05, 2031 3:54 PM To: Jett Freimund (Ge: P and C Meconick ‘Subject: Re: 10-2-28661-6 SEA Motion to Dismiss Dear Me. Freidomund, ‘Would you mind to send me a text or pd file of your motion to dismiss? T prefer text files if you have them, It makes it easler wo quote your brief and your exhibits in our responses, Inthe future, please feel fre to send all documents to me via email. It is not necessary to send me bard copies. Is it ceptable to you if we send all documents pertaining to this ease via emait? ‘Thank you, Joan Sias (On Wed, Jan 5, 2011 at 3:11 PM, Joan Sias wrote “bat -sfbert Stay hawt $1 mail Hive.com/muil/PrintMessages.aspx?epids~2fe2h401-193a-11c0-bed7... 1/25/2011‘Windows Live Hotmail Print Mossage Dear Mr. Freidrmund, | received foday a motion for summary judgment in ease n0 10-2-28661-6 SEA. The package was delivered by the U.S. Postal Service. Exhibit Six of your Motion i a letter addressed to me and ‘my co-plaintiff Cecilia Pslao-Vargas. The leter is dated Oct. 20,2010, ‘Today isthe frst time Ihave ever seen this letter. I cheoked with Cecilia afew minutes, She has no recollection of every receiving this eter. ‘Would you please send me whatever proof you have that you did infact send me ths leter? 1 Would like to know how the message was delivered, by whom (if applicable), and the date on ‘which T would likely have received the letter. Did you attempt to send this in such a way that you could be assured I personally received this message or otherwise was certain to have gained timely knowledge of this letter? | checked to see iL might have an emnl from you dated late October that I overlooked. Ican find no such email. Iis possible that I received but inadvertently deleted an email from you. I presume you will have a record of an email to me, if one does exist. IFso, please forward it to me at this email address. ‘Thank you, Joan Sias cc: Bailiff to Judge Theresa Doyle, Cecilia Palao-Vargas http-//by1 51 w.bay151Lmail.live.cony/mail/PrintMessages.aspx?epids~2fe2b401-193a-1 leO-bed7,.. 1/25/2011EXHIBIT 2 PALAO-VARGAS DECI ARATION IN ‘OPPOSTTTON TO DEFENDENTS’ SUMMARY SUDGEMENT MOTIONJanuary 6,2011, tr See Fema vacnieaai \° serapes poe sear oe ee mienl Subject: CaseNo 10-2-28661-6 SEA Freimundl ema regarding NWEA MAP suit Dear at. Frimund, | am writing to follow up the email correspondence January 5, 2022 in which you indicate that you sent ‘correspondence to me and my ¢o-appellant, Joan Sas, dated October 20, 2010 via US regular mail ‘According to your exhibit 6 attachment to your email the letter was sent to my home adress and Mis Sia’ home address. Nether Ms. Sias nor reeivad your eter. find your assertion dubious, to pu nicely. The US Past may nat be perfect, but for Itt lose two Identical letters to co-appollantsshghly Unlikely. Furthermore find pateoniing your suggestion that, sine you filed to keep evidence these letter were infact mailed, that you il then *have to take (our) word fer it.” Attorneys meeting professional standards donot generally eave such matters to chance, admitting 2s much, and then risk perjury by declaring before the court without proof. {As |notedin my email to you (attached), the District hes falled to meet statutory deadlines, 2 matter “discussed ina recent Washington Supreme Court case No. 82687-1. These delays, along with your cient’ failure to provide timely dlelosute of publi records, have impacted our ability to prepare our ‘ase, Notwithstanding your flings, we have every intention on presenting our brief as scheduled. 1126037" ave sw Seattle, WA 98146, 206-595-2366 ce: School Board Joan ias artachments: Freimund email 2/5/23; Palan Vargas ema 1/5/11; Letter to Freimund 10/1/10; Letter to Frelmund 10/16/10 with attachments; Palao-Vargas email 8/27/10Windows Live Hotmail Print Message Page 1 of? RE: 10-2-28661-6 SEA Motion to Dismiss From: deff Fraimund YetiF@fitaw cam) 0 Sent: Wed 1/05/11 611 PM To: Joan Sigs oan@mathascentor} Ce Pand C McCormick fpemeceohotmellzom) Sap attachments 2OLIDIO‘ Notice of Heaing pf (625 KB), 20110104 Mosion for Summary Judgment (3649 KB), 20020104 Proposed Order Granting Summary kidgmen.pa (38.1 XB), 20110204 Declaration of Frelmund pa (79.6 KD), 20110104 Declaration of Freiraund Exhibit 1 pd (731.0 K3}, 20110108 Declaration of Freimund Exbit 2p (LT 6), 20110104 Declaration of Freimund Exit 3p (8328 KB), 20110804 Declaration of Freimund Exhibit pa {oa gu), 20110104 Uecartion of Fefnund ExM Spat (207.1 KB), 20110104 Detleraie of Freimund Exhibit Spat a ks) [sent the letter to you and Ms, Paluo-Vargas by regular mail on October 20, 2010. I didn’t send it by certified ‘mail or by email, go I don't have any other proof that it was mailed then. Ifyou say nether of you received it, I'L have to take your word fort. Under these circumstances, if you voluntarily dismiss at this point 'm certain the District would forego the CR [1 sanctions. Please let me know how you wish o proceed. In any event, attached are the pa files ofthe District's motion and supporting documents. Are you able to speak. {for Ms, Palao-Vargas when you say [can email all future pleadings and don't noed to use regular mal service to either of you? 1Fso, then I'd be agreeable to email service, 00. Jet Fein Froimund Jackson Tard & Bonodict Garratt, PLLC (60) 534.9960 From: Joan Sias[meito-Joanamathasoent.or] ‘Sent: Wednesday, January 05, 2011 3:54 PM “To: dt Freimund Ge: P and C Mccormick Subjects Re: 10-228661-6 SEA Motion to Dismiss Dear Mr, Freidmund, ‘Would you mind to send me a text or pf file of your motion to dismiss? I prefer text files if you have them. It makes it easier to quote your brief and yout exhibits in our responses. In the future, pease fee foo to sen all documents to me via cml. It not necessary 10 send me hard coptes {Ist aoceptable to you if we send all documents pertaining to this case via email? ‘Thank you, Joa Sins (On Wed, Jan 5, 2011 at 3:1 PM, Joan Sis wrote Dear Mr, Freidmund, hitpslbyStw.bay 151 mal. ive-com/mailPrintMessages.asps Pepids=2fe26401-193a-11e0-be7-0021Sad80c..._ 16/201Windows Live Hotmail Print Message Page 2 of: I received! today a motion for summary judgment in case no 10-2-28661-6 SEA. The package was delivered by the U.S. Postal Service, Exhibit Six of your Motion isa letter addressed to me and my co-plaintiff Cecilia Palao- Vargas, The ltr is dated Oct. 20, 2010, ‘Today isthe first time T have ever seen ths letter. 1 checked with Ceetia a few minntes, She has no recolletion of every receiving this lett. ‘Would vou please send me whatever proof you have that you did in fact send me this letter? 1 would like to kaow how the message was delivered, by whom (if applicable), and the date on which T would likely have received the letter, Did you atempt to send this in such a way that you could be assured I personally eoeived this message or otherwise was certain to have gained timely knowledge of this lite’? {checked to see if [night have an email from you dated late October that I overlooked, I ean find no such nial, [tis possible that I received but inadvertently deleted an email ftom you, [presume you will have a record of an email fo me, fone does exist Iso, please forward ito me at this email address ‘Thank you, Joan Sis ce; Bailiff to Judge Theresa Doyle, Cecilia Palao-Vargas nip:/oy1 St w-bayl5 | nal ive.cor/mail/PrintMessages.aspxepids2f826401-193a-11e0-bed7-00215ad80c..._ 16/201Windows Live Hotmail Print Message Page 1 of 1 10-2-28661-65SEA From: Pand € MeCormick(cpumac@hotmailcom) Sent: Wed 1/05/41 7:01 eM To: jefferjawicom Co josn@mathascent org; P and C McCormick (cpemac@hotmsl com) Dear Mr Fld, {ama primary pro se iigantinthe subject appeal. understand you claim to have communicated with Jan Sias end me regaiding aration for csmissal fled October 20, 2910 ana leter dated today. Thave received nether. Rather, sent your la fir eters dated OcroDer 1, and Getaber 18,2010 regarding yous fare o provide the complete Tonserit of Evidence within twenty days af aur appeal infact not by eight weeks after our appeal, [received no response, but di get a box ony porch with na identifying information October 17, 201, after fil faxed a copy tothe Seattle School Distr. \We have every intention of continuing ta mest the court's schedule. Do you? Thave been awaiting additonal public records from the school dsr sine August 16,2010, They have taken four and half months to comply, and continue to Stonewall, We have plenty of mater at this time to make our casein court ad futexmor, have cause to charge the distri with fire to comply wth the Public Records Act. am not interested at this time to accede to the Distit's reat regarding CR 11 sanctions. 1am aggrieved by my dughter rissing thee week BF netructon due tothe NWEA MAP testing windows. The District’ conflicts of interest regaring [WEA andl pracurement of MAP would appear to reader this contract null and void Incase you have misplaced my adares, here it ceca Palaa-Vargas 11260 37th Ave SW Seatile, WA 98146 | prefer to follow up our communications with US Mai, M Boks Uafaag htipshy 15 tw.bay SL nail livecom/mail/PrintMessages.aspx?epids-20%bc64e-193F-11€0-83e2-001eObecdda... 1/6/2041August 16,2010 ‘Asan: Public Records Officer ‘Seattle School Distt S32-151 PO Bon 34265 Senile, WA 9928 1265, Pursuant to the Washington Public Record et, REW 42.56, et eq, andin accordance with E400, we respectfully equest access fr inspection of the following dcunents: a s. 6 [Adocumment that relate or pertain to the Seattle Public Schoo's (55) review of WEAIMAP, Edusoft, and Stanford10 assessment tools, and any consultant reports, rscarch and analyss ‘Alldocurents that relate oF pertain to the procurement of NWEA MAP, andits adoption and implementation a the dsr’ assessment too; All documents that relate to the Superintendents appointment othe NWEA Board; ‘Any teachor surveys or subesquent reviews that prtaln to MAP efficacy and implementation as ‘an avauatve tool for students and fr teachers; [ISPS)NWEA contract agreements and purchase orders; ‘lcommuniations between the PS and NWA. “The Public Records Act provides that same ofa fle is exempt fom release, reasonable sepregatable portions shal, nonetheless, be produced, Thus we request that you determine that some portions of the requested document are exempt, that you provide us with the remainder ofthe request. Please “dently any document you consider tobe exempt, tobe withheld for any eason or the extent any documents have been destroyed, enty with reference to each such document withheld or destroyed esti, funtted entre (eter, memorandum, email telegram, note, fax et) “The identhy ofthe parson or persons who composed or originated is The identity ofeach peton to whom the original or 2 copy was sent; _Abrief summary ofits contents; “The name and Iss nown aess ofthe porson who preset as custody, [Any other deserinive information necessary in order to adequatly describe the document ina ‘upeona Daves Tecur, 2 Matin, ora Request for Production thereat. Definition of Documents; “Documents” means the orignal, copy of the exgina whether the orignal has been lst, destroyed, os therwise uravallable to you), oF non-kdentcal copy (whether diferent from the orginal because of nots made on such copy oF otherwise ofthe following: ‘written, printed, typee, punched taped, computer or other electronic data-based stored firm ‘or graph matter, however produced of reproduced of every Kid and description in the actual orconstructve possession, custody, ast care ar contro ofthe Seat Public School, tsagents or attorneys including, but not lied 9, any comespondence icing eters, cables, telegrams faxes, eal, exper, book, record, memorandum, contrat, agreement invokes, receipt, cence check, purchase order, payment requests payment certains, approvals, wrote: Mr. English, (On August 6, 2010 Joan Sias and I submitted an appeal in King County Superior Court of the Seattle Public School's decision to contract with NWEA for MAP tests. This was within the thrity days required by the RCW. RCW 28A.645.020 goes on to state: Within twenty days of service of the notice of appeal, the school board, at its ‘expense, or the school official, at such official's expense, shall file the complete transeript of the evidence and the papers and exhibits relating to the decision for which a complaint has been filed. Such filings shall be certified to be correct. {As I did not receive the requisite transcript of evidence yesterday, August 26, 2010, 1 request of you a date certain when to expect this. Please provide the certification that, to the best of your knowledge, the transcript is complete and correct as cited above. can be reachect at the adldress and phone number below, or via email Thank you for your prompt attention to this matter. Cecilia Palao-Vargas 11260 37th Ave SW Seattle, WA 98146 206-595-2366 cell ttby1S1w-bay15 mail live.com/mail/Print Messages. aspx?epids-bb46e104-4258-114F:954a-00215ad965.... 1/6/2011EXHIBIT 3 PALAO-VARGAS DECLARATION IN ‘OPPOSITION'TO DEFENDENTS” SUMMARY JUDGEMENT MOTIONOctober 1, 2010 Mr.seffeeyA.0, Feimand vin Certified US, Mall, Freimund Jackson Tardif & Benedict Garratt, PLLC ‘714 Capital Way South, Suite 602 ‘Olympia, Wa 98502 Subject: Case No 10-2-28661-65A “Transcript of Evidence, dated August 27, 2010 Dear Mr. Freimund ‘As the Plaintif Pro Sein the above action, | acknowledge receipt ofthe subject documents on August 27, 2010 dented as “ransrgt ofthe evidence and the papers and exhibits relating tothe decsion(s)” ‘made by the Seatle School Board. Note that this was not within the 29 days requlred by RCW 28A.685.020. Page two of the Notice of Fling of Transcript of Evidence cites emails that are being produced and ‘compiled tobe “supplemented prompt upon compilation” To date, no emails have been provided. Four weeks fom the lag date is more than adequate time to complete this task The Districts failure to respond presents an unreasonable delay. Finally respectfully request thatthe DVDs marked Fapes 153 and 154 ofthe Transcript be provided Ia ‘written form, with te sections highlighted that are relied upon by the Respondents. “Thank you for your prompt consideration of this request. Respectlly, Cecilia Patao-Vargas 11260 37 ave SWEXHIBIT 4 PALAO-VARGAS DECLARATION IN OPPOSITION TO DEFENDENTS' SUMMARY SUDGEMENT MOTIONOctober 18, 2010 Mr Jeffrey AO. Freimund a Certified US. Mail Freimund Jackson Tarif & Benedict Garratt, PLLC 711 Capital Way South, Suite 602 ‘Olympia, WA 98502 Subject: CaseNo 102-28661-6 Se ‘Transcript of Evidence, dated August 27,2010 Dear Mr, Frelmund {am following up on my letter to you dated October 1,2010, Asa Plaintiff Pro Sein the above action, | have been unable to compete my research an Brief without a full and complete “transcript ofthe ‘evidence and the papers and exhibit relating tothe decisions)” made by the Seattle School Board. ‘Specifically, page two ofthe Notice of Fling of Transcript of Evidence ces emails that are being produced and compiled tobe “supplemented promptly vpon compilation.” To date, no emails have been provided. Ten weeks have past from the ling date, which is more than adequate time to ‘comolete this task. ‘The Dietret has aso been slow to provide documents under @ Public Records Act request. The Dstria’s faire to abide by both RCW 28A.645.020 and RCW 42,56 demonstrates an atrogantdsregard of the law and has presented us with an unreasonable delay. Finally again request thatthe DVDs marked Pages 153 and 154 ofthe Transcript be provided In written ‘orm, with the sections highlighted that ae relled upon by the Respondents. tended actions in regards to this matter. Please respond by November S, 2010 with you Respectful, 7 ‘cect Plao. Vargae Y 7 126037" ave sw ‘ec: TheHon. Theresa Doyle Ron English [Attach Letter dated October 1, 2010 to TABS Publ Disclosure Request dated August 16,2010 to Seattle Pubile SchoolsEXHIBIT 5 PALAO-VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDENTS' SUMMARY JUDGEMENT MOTION‘ceca MeCormick 21260 37" Ave SW Seattle, WA 98146, Dear Ms. Adams, "have elected to have Miranda “opt-out” of MAP testing this year, Pleas Inform any others who should be aware of my decision, | would appreciate if Miranda can be allowed todo the school work that was the usual order ofthe day before MAP testing came along. lunderstand thatthe students used to be able to use their time in Technology exploring websites or using other software. ‘Thanks very much fr your understanding, Please calle you have any questions. Cecilia MeCormick (205)595-2366EXHIBIT 6 PALAO-VARGAS DECLARATION IN (OPPOSITION TO DEFENDENTS’ SUMMARYPage | of L Palao-Vargas, Cecilia Prom: Palao-Vars, Cecilia SentsTue 911472010 3:53 PM Tot comuroran(@acatlechools. os Ge: sturersetteschools org Subject Miranda MAP Opeout “Atachimen "Jp pg den 0 ‘Thanks for calling, Couriney. Tim forwarding my initial email to Cindy. I didnt realize {had Virginia's email addross wrong, | expect that Miranda can be engaged in useful uctvities helping younger kids and her teachers, and not ‘be pt in a position that she could potentially view as punitive, T appreciate your help with this. Cecilia 206-595-2366 Origa Message From: Palo Vargs, Cecilia ‘Sent Fi9/1020109:16 AM. To: canlarsi@seattschools.ong & Sabet: Minds MAP Opt-out Hi Cindy, have also passed this alo 10 Virginia and Courtney, but not Mr Zwiren, Please call me if you have any questions. 1 got my cellphone today, My work phone is 206-787-5170. “Thanks so much, Cecilia MeCormick ttps:/mail jacobs. com/exchange/071007859/Save/Mirands!420MAP%200pt-outEML?Cmd=... 1/25/2011EXHIBI' PALAO.VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDENTS! SUMMARY JUDGEMENT MOTIONFrom: Connors, Monica C [mcconnors@seatleschoo!s. or) Sent ‘Thuraday, August 13, 2000 4:40 PM To Ccrstina unter Subject RE: Accommodations and tacking data for Special Ed IN you can texeat all you're way ahead of me ®@ ttwas good to have an opportunity to watch a hl take the MPG; it willbe much easier to talk ta schools about the assessment now. Watching Brody (who Wateady friar with Computers) it was interesting to see what worked and what did't: he caught on pty quickly to remembering to click the speaker button to hear a question repeated, he could respand to most questions independently, he was defintely ‘more comfortable with the mouse than with the track pad, we discovered tnat ear buds {rather than headphones) ace hot a good lea for young students, and he stayed focused and did't get toa worn out bythe length ofthe test, We're ‘hiking about running ane mare practice session with few kids ta time to see how students stay focused when & ‘group does the activity together {I tinkit was hard for Brady to be the ony kid surrounded by three adults ~ we did our bestnot to hover, though]. Brody enjayed the opportunity -he likes to practice his reading and number sis, soit kept hisattention wel. tt was. good experiment, and think t will help me speak mare confidently with schools now that ve seen a child using the MAP rather than just talking about ‘Thanks for asking! Monica From: Christina Hunter [maite:cristin hunter NYE 019) ‘Sent: Thursday, August 13, 2008 2:01 PM ‘To: Connors, Monica C Subjects RE; Recommodations and racking data for Special Ed What do you think about MPG now that you've seen a chile doit? Sorty forthe duplicate mall. | wasn'ta a computer and cant text that fast yet! © From: Connors, Monica C [maito:meconnors@seatieschools. org] ‘Sent: Thursiay, August 13, 2008 2:30 PH “To: Chvistna Hunter ‘Subject: RE: Recommodations and tracing data for Special Ed So arlthink Ive got what I need.-'keep you posted. Sarr fr the delay in responding: brought my four yearold ‘nephew to work olay 20 “plot” some ofthe MP tests, so that we could speak about them with a ite more fisthand Knowledge next week, [et him use my computer 50 kind of put everything else on hold for the first part ofthe day© We're back on track nowt tim stil not haying much lek with the ASG report e-ordored it buts haven't ected atiteaton an my mail wouldit be a slower process the summer? et you know when | get an e-mal rom wes, Hope ll is well ith you! From: Christina Hunter {ators enter ONWER og] Sent: Werdoaséay, August 12, 2009 6:38 PH. ‘To: Connors, Monica © ‘Subject: RE: Accommodations and tracking data for Special Ed bid you get everything you needed? ‘Sent: Wednesday, August 12, 2009 5:35 PM ‘To: Dave Swanson (Ce: de Baros, Jessie Christina Hunter ‘Subject: RE: Accommodations and tacking data fr Special Ed ‘This is great, Dave —thank you! ve got an e-maln to my contact person in Special Education; when Lear back from ther with an estimated number af cases, ll get back to you to ga little deeper with this, Monica From: Dave Swanson [malto:dave.swenson@NWEA.OWG) Sent: Wednesciay, August 12, 2009 1:59 PH ‘To: Connor, Monica C Ce: de Bars, Jessica, Christina Hunter Subject: MAP: Accommedations and tracking data fr Special Ed ‘Monica: This may be overkill ona reply, but thought | would eve 2 couple options for handing accommodations. One ‘option would be to test kids with Special accommodations outside the regule testing window; ther results would be ‘viewable in reports (rayed out, but wouldn't be part of your fll to spring measures. | know withthe emphasis on Least Restrictive Environments and inclusion, that ths might not be possible, so the other option would be to finish your {esting season and order a Comprehensive Data fle, tering aut students who fall outside the guidelines Inthe attached document (Fest Accommodations MAP MIPG). You could then request 2 Data Repair, folowing the steps inthe ink below, and our Support team would remave their resuts..the nate on parts woul give the reason why thosestudents were removed and you would have the data in your Comprehensive Data File (ttached also are fitering auidelines for breaking out specifi eategories) In aay case, you will want to invalidate those tests where students received extra help the question we can discuss best timing for this and making sure you are ordering the data inthe Comprehensive Data fle before invalidating the data, How many kids are you taking about esret wide whe would need these accommodations? Thet might help in advising the steps youtake. Dave < General Information on Using MAP vith IE's a ves o/support/detais.asox?eontent= Dota Repair Requests tp /anw nea. tent =600 {you are sgh that you caninvaldate atest duting session the testhas alveady heen completed you would fill out 2 ‘Oata Repair Request form and fallow the instueions In thls ink to request that test be invalidated) Special Programs File (SPF) utp fu m teNorthwest Evaluation Association arenving 10 bel al ids learn TEST ACCOMMODATIONS ~ MAP and MAP for Primary Grades Special Considerations “The adaptive nature of MAP survey with goals assessments makes them appropriate assessments, for students with a wide range of skills and achievement levets MAP and MAP for Primary Grades assessments are designed for administration in an untimed session. Local schools and districts may determine that certain testing accommodations are appropriate for individual students, These accommodations include, but are not limited to ‘= reading the test directions, providing auditory amplification, testing in altemate settings, dictating responses to a scribe, and so on. Twonty-one separate accommodations to the test are considered allowable and ar listed below. ‘These accommodations impact neither the validity nor the alignment of the assessments; they do not provide assistance in understanding or solving test items. Any and all special program students who fre administered MAP or MAP for Primary Grades assessments using one or more of the ‘accommodations listed below are subjected to the same reporting specifications as regular education sludents, ‘Acceptable Accommottations for MAP and MAP for Primary Grades Assessments: Changes in Timing or Scheduling the Assessment: + Extend time © Offer frequent breaks + Divide testing over several sessions '* Administer a time of day most beneficial to studentChanges in the Test Directions Read a the Beginning ofthe Test * Read or reread directions to students Sign directions forthe dea student ‘Translate directions orally ‘Simplify language in directions Cianty directions Highlight words in directions Use aucitory amplification devices, heering ads, noise butlers, to. Changes in How the Student Responds: ‘+ Dictate responses to a scribe * + + Point to responses for a scribe * + Changas in How the Test Questions aro presented: ‘+ Read mathematics (not reading or language usage) text portions aloud to students *+ ‘+ Use visual magnification devices + Use auditory amplification devices or noise buffers ‘Changes in Test Setting + Test an individual student in a separate setting + Test a small group of students in a seperate, but familiar location; for example, in a Title | room or counselors office ‘+ Minimize distractions; for example, use a study carrel References and Took ‘© Scratch paper and pencil '* Masks or markers to limit distractions; for example, the student may use a sticky note to ‘move down the screen as he or she is reading * These accommodations are allowable for Special Education students only. + Scribes, educational assistants, and other people supporting a student's test are expected fo be znoutral in responding fo the student during test administration. Assistance in test administration ‘must not be “leading” a student to the correct answer. The student’s response must accuralely represent the student’s own choice. ROM: ‘echnical Manual for Measures of Academic Progress for imeaxy Grades 10 2009 Northwest Evaluation Associaton, Lake Oswego, OragnSao WE TTT a = 7 senspms01 pes sieons RES 37 = ar ae sg. wopmserpeaeenon “Giojsoid J0y SIND UONEpOUIUODY AVNespns eof sennns wy daay au aya pipe 9 FOS po Yana woe Bamwnap ane NBL He BuW.O/e.095 naspeaficutsoorTooé ote 33 unpolee 0 PRESNn at ee TPE Pp Opn EAN aR WO EI RGR ER Baa or a ar =r 7 at ar ES anossersdarusan ees or oF rt FEE OE esrspnsjoetedspeanmne prayeusseo,EXHIBIT 8 PALAQ-VARGAS DECLARATION IN (OPPOSITION TO DEFENDENTS? SUMMARY JUDGEMENT MOTIONPalaosargas, Coca From: ‘Connors, Monies C [mccansors@seateschools. or Sent. Friday, September 18,2000 5.50 PN To: Dave Swanson, Cristina Hunter Subject: Invaldating student tests ater competion Dave and/or Cristina — ve been looking on the NWEA web ste, but 'm having trouble finding instructions about invalidating student tess after the testing has been completed. We've taught practors how to pause and not resuma tests that are in progress, but wen it comes to SPED issues, where they want the student to finish the test inorder to get instructional information but then be able to invalidate the test so a5 to not affect norms, et, can’t seem to find nstruetions for that. So far We've been teling proctor oust pass the name and date ofthe test in question 1 us and we'll handle rather than having poctors do that worl), but Fm not sure how to do that once atest hasbeen completed, Any sugsestions? “hans, ‘Monica Monica Connors Data Coach Seattle Publi Schools 2445 «3rd Avenve South MS 32-159 Seattle WA 98134 ec 206. 252-0018EXHIBIT 9 PALAO-VARGAS DECLARATION IN (OPPOSITION TO DEFENDENTS' SUMMARY JUDGEMENT MOTION‘August 16,2010 Ain: Puble Records Officer ‘Seattle School Dstrit Ms 32-151 PO fox 24265 Seattle, WA 98124-1165 Pursuant to the Washington Public Records Act, RCW 42.56, erseq,andin accordance with E40.01, we ‘respectfully request acess fr inspection ofthe following documents: 4 ‘All docurnents that relate or pertain to the Seattle Puble School (SPS) review of NWEA/MIAP, Edusof, and Stanford-10 assessment to's, and any consultant reports, research and analysis; ‘documents that relate or pertain othe procurement of NWEA MAP, and its adoption and Implementation asthe cstrict’s assessment tool ‘All documents that reat tothe Superintendent's appointment tothe NWEA Board Any teacher surveys or subsequent reviews that pertain to MAP efficacy and implementaton as ‘an evaluative tol for students and for teachers; AIISPS/NWEA, contract agreements and purchase orders; ‘Alcommunications between the SS and NWEA. The Public Records Act provides that f some of a files exempt from release, reasonable segregatable Portions shal, nonetheless, be produced. Thus we request that Ifyou determine that some portions of the requested documents are xem, that you provide us with the remainder of the request. Please ‘identify any document you consider to be exempt, or to be withhald for any reason, orth extent any documents have been destroyed, identity with reference to each such document withheld or destroyed: hoasgee stl, I untitled, its nature letter, memorandum, email, telegram, note, fx, etc} ‘Thedentty ofthe person or persons who composed or originated “The dentity ofeach person to whom he orginal ora copy was sent, brief summary ofits content; ‘The name and last known address ofthe person who presently has custody, Any other descriptive information necessary in order to adequately describe the document a ‘Subpoona Ducoe Tacum, a Motion, oF 3 Raquest for Production thereof, Definition of Documents: “Documents” means the orignal, copy of the orignal (whether the orignal has been lost, destroyed or is otherwise unavailable to you), or non-identical copy whether diferent from the original because of nates made on such copy or otherwise) ofthe following: ‘All writen, printed, typed, punched taped, computer or other electronic data-based stored fim ‘or graphic matter, however produced of reproduced of every knd and description, in the actual ‘or constructive possession, custody, trust, care or control ofthe Seattle Public Schools ts.‘agents or attorneys, including, but not limited to, any correspondence (including letters, cables, ‘telegrams faxes, ema, paper, book, reord, memorandum, contract, agreement invoice, receipt, canceled check, purchase order, payment requests, payment certifications, approvals, electronic mall or other material which contain any verbal, graphic or pictorial information Thank you for your prompt attention tothis matter. Ceca Palao-Vargas 12260 37 Ave sw Seattle, WA 98145 206-595-2366 epymac@hotmalcom Joan sias 16532 42" Ave NE Seattle, WA 98115 206-207-7137 joan@mathascent.org‘Windows Live Hotmail Print Message Page 1 of 4 RE: Public Disclosure Request for NWEA/MAP Records From Pand € MeCormie (pymac@hotmaiicom) Sent. Tue 10/32/30 206 PM To: stevensiseatleschoolsorg Ce: Pand C MeConnice(epymac@hotmaicom) Bee: dempsey_dan@yahoo com; joaneemathazcent.or; pbailey24@juno com: feiano@coppernet rmetamind univesel@ysheacom attachment foia md doe 275 K8) early, Please find attached an amended Public Disclosure Request that broadens the date range and typeof documents specifially quested regarding the SPS' dealings wth NWEA, Ths fs done to avoid anartom interpretation ofthe information requested. Chope you have had sucess locating the dese information land than you in advance for you eons. Cecilia MeCormick (206)585-2366 From: cowmac@hotmalcom Te: jtovens@seatteschoolsorg Subject RE: Plc Disclosure Request for NWEA/MAP Records Date: Sat, 9 Oct 2010 16.1538 -0700 Thanks, Joy. Tid receive the pfs and am going through them now. Lkeady see areos where no infermation ie provided and was working on my response. Inresponse to your proscive effort to check wth me: 1) want to thank you for the Plt test surveys, because Thotieed they were msing, and 2) Lil fllouup with a specific request for Superintendent emai either sender of ec: or be: egarling NER) and any and all discussion regarding selection of MAP. ‘Thank you. willbe contacting you eat next woek with an amended request for documents Cecilia MeCormick (20558-2366 ‘Subject RE: Pllc Disses Requt for NWEA/MAP Records Date: Fri 8 Oct 20L0 28:09:07 -0700 From: tevens@eattleschools. org To: CPVMAC@HOTMAILCOM Dear Cecelia, | am writing to be sue that you received the very large email that | sent you last Friday, October 1, 2010 (see below that had many large attachments tot. Pleas let me know whether you received it as didnot get 2 notification that i did nat go through, as | normal} would ‘Also, wanted to send you the attached MAP Plt Test Surveys, and et you know tht | am stil actively ‘attempting to gather documents that are responsive to your request. Int Sw. bay15L mail live com/mail/PrintMessages.aspx?epids-adf1219s-1457-4049-0086... 1/25/2011Windows Live Hotmail Print Message Page 2.0f4 ook forward tohearing from you to confirm that you gat my Oetober 1 eral Please et me know fyou have any questions. ost rare, soy Stevens oy A Stevens ‘Lexa AsistntPublic Records Ofer General Comet Ofc Seate Pubic Sohcls 706.282.0117, 206-252-0111 (F440) ens eatleschools ore From: Stevens, Joy Sent: Friday, October 01, 2010 2:45 PH Tor ‘CPVMACGHOTMATL.COM ‘Subject: RE: Pubic Disclosure Request for NWEN/MAP Records ear Cecelia, In response ta your request attached are the documents located that are responsive to your request. They ‘ace in batches so that they can be ent without exceeding capac limits. tam tying to Send them all at ‘once, but ifthat doesnot work, |i sen them in smaller groups. Ihave tested ll of them and made the necessary changes to make them "searchable." As of thisresponse, no documents were withheld or redacted am also Including the links below to documents on the Distrit’s website that ar related to NWEA (there ‘may be some duplication with the attached documents, but | wanted to be sure they were included in my response jw seatleschools.or/aea/board/08.08agentas/061708agenda/nweacontract. pal tsp//munw seattleschoo'sorp/area/mapassess/about/MAPBaScs itp//amww seattleschoolsorg/area/magassessindex hin hey leschoo!song/area/news/sbnews/sb staffcomm 091608 him bizp//awaw seattleschoo's orp/area/boart ndafnwieareport. pif Wee ltolsny/are/stgar/anbimey ee ‘spi fun seattleschoo'sorg/area/board/09-10agendas/061610agenda/avcareport pif ‘2m confident that this the bulk of the documents that are respnsive to your request, However, am continuing to search to sei there are any adalitlonal documents that are respaasive to your request to be sure that | provide you with all ofthe documents. | anticipate being able to give you another response on or before October 27,2010, sooner ifat all possible. Peas let me know f you have any questions concerning your request Bost regards, Joy A. Sterns btp:/fby LS tw-bay 5 mail live.com/mail/PrintMessages.aspx?cpids=adf1219a-1457-4049-2086... 1/25/2011Windows Live Hotmail Print Message Page 3 of 4 Legal Asst Publi Records Officer General Comes Office Seale Pubic Sehools 206-252-0117 206-252 0111 (AN) heensGsentleschaare From Stevens, Joy ‘Sent: Thursday, September 30, 2019, ‘To: ‘CPVMACHHOTHAILCOM ‘Subject: RE: Puble Dsclosure Request for NWEA/MAP Records PM ear Cecelia, ‘am writing to let you know that Ifave now gathered what | believe to be allofthe documents clated to yourrequest, {am writing to ask f you would keto review the documents atthe John Stanford Center ort {You would lke me to send them to you as emal attachments. | will await hearing from you before proceeding. Please let me know If you have any questions Bestrogards, Joy Stevens Joy A Sevens ‘Legal Asiston/Puble Records Ofer General Counsel Office Seale Pubic Schools 206.252-0817 206-252-0111 (FAN) uewos@eutschoolvore From: Stevens, 20 ‘Sent: Fri, August 20, 2010 5:29 PM ‘To: CPVMAC@NOTMAL.COM ‘Subject: FA: Public Disclosure Request for NWEN MAP Records ear Ceca, | am writing ta acknowledge receat of your request attached), and to let you know that | have begun the process of locating and gathering dacuments that ae responsive to your request. Based on current work load ond availabilty of relevant staff members, tantiipate being able a give you 2 response on or before September 29, 2010, 1 should be able to send the documents to you electronically as pdf email attachments. Please lot me know f you have any questions. Best royards, soy stevens oy, Sevens Lego Avivant Publ Records Officer initp:by 51 w-bay15L.mailJive.com/mail/PrintMessages.aspx?epids-ndfl219a-1457-4049-a086.... 1/25/2011Windows Live Hotmail Print Message General Conse’ Office Sete Pubi Schools 206-252-0117 206-252-0711 (AN) sevensGncoeschols. oe From: P and C MeCormick{SMIP.CPYMAC@HOTMAIL COM Sent: Monday, August 16,2010 208:35 PM “To: Pubic Records Request Subject: Public Disclosure Request for NWEAMAP Records Auto forwarded by a Rule Please see attached and contact me Ifyou have any questions. “Than you, ‘Ceca Palao-Vargas 205-595-2365 tp:/foy151-bay 1 51.mail five.com/mail/PrintMessages.aspx?e f12193-1457-4049-2086, Page 4 of4 1252011(Oxtober 12,2010 AMENDED ‘Attn: Public Fecords ricer ‘Spattle School District 32-151, POBox 34165 ‘Seattle, WA 98124-1165 Pursuant to the Washington Public Records ct, ROW 42.58, o sq, and in aocordance with E40.01, we espectfully request aooesor inspection ofthe following documents: 1 2 4 6. 6 ‘Al documents that relateor pertain tothe Seatle Pubic Schools’ (SPS) review of NEA MAP, [usft, and Sanford-10 assessment tools, and any constant reports, reseafch anc analysis ‘Al docurnents that rete or perten to the consideration and procurement of NWEAMAP, and ‘isadoption and implementation asthe cstritsassesament too, this would inde any ‘documents (eg. ells) on public servers mentioning NWEA or MAP predting the Line, 2008 DeBarrosrepart, ‘Al documents that relateto the Superintondent‘sappointment tothe NIVEA Board, this would indude any documents(e.9. enails) on public servers between the Superintendent, sa and NE, ‘Ay teacher surveysor subsequent reviwsthat pertain to MAP efficacy and implementation 2s, ‘an eveluative tool for students and for teachers AISPSINWEA contract agreements and purchase orders, induding funding the plot study, ‘Al commuricatlonsbetween the SPSend NEA, “Tho Pic Records Act provides tha if some of aflles exempt from release, reasonable segregetable portions shall, nonetheless be produced. Thus we reques hat if you determinathat some portions of the requested documents re exempt, that you provide uswith the remainder of the request. Please Identity ary document you consider to be exe, oF tobe withheld for any reeson, or the extent ary ‘documentshave been destroyed, identity with reference to ach such document withheld or destroyed: rearse tite if untitled, itenature (letter, memorandum, email telegram, noe, fx, et) ‘The identity of the person or persons who composed o originated it “Tre ey of ean peasant Wo laa the orignal or apy wassent, brief summery of itscontents, ‘Tre name and lat known akressof the parson who presently has custody, ‘Any other deste information necossary in order to acequetely describe the document in a ‘Sbpeona Duces Teoum, @ Motion, or @ Request for rodution there, Definition of Documents “Documents! meansthe orginal, copy ofthe origina (whether the original hasbeen los, destroyed, os otherwise unavailable to you), or non-identical copy (whether diferent {rom the orignal because of notes made on such copy or otherwise) ofthe following:‘Al writen, printed, typed, punched taped, computer oF other electronic daterbased stored fim ‘or gaphicmalter, however producod or reproduoad of every kind and desciption inthe actual ‘or constructive possesion, custody, rust, care or control of the Seattle Public Stools its agentsorallorneys induding, but no iited to, any correspondence (Indudingleters, cables telegams exes, email), paper, book, record, memorandum, contrac, agreement invoice, ‘ooaipt,cancold check, purchase order, payment requests, payment atiicatons, approvals, ‘electronical or other material which cantain any verbal, graphic or pictorial information “Thank you for your prompt altention to this meter. Celia Patan Vargas 1126037" Ave SW ‘Spattle, WA 98146, 206-595-2368 ‘qmac@hotmal com ban Sa 6532.42" Ave NE Sealle, WA 98115 208-807-7137 joen@mathascent.orgWindows Live Hotmail Print Message Page 1 of 12 Public Disclosure Request for NWEA/MAP Records Frome P and € MeCormick cpvmacihotraitcom) Sent: Mon 12/06/10 803 PM To: jstovens@seatteschooks org Ce timteatgagov soy, {am gratified that your office willbe augmenting resources to final ful his request. reviewed information that Me Ford the Open Government Ombudsman, was kind enough to pass along. Aporton is copied below ‘An agency should either ful the request within the estimated time o,f waranted, commoicate with the requestor about Claifcations or the need for #revized estimate, An agency should not ignore a request and then continuously send ‘extended estates, Routine extensions with tle or no action to fll the request would show thatthe previous estimates probably were not "reasonable Extended estimates are appropriate when the drcumstances have changed (such 25 an Increase in oer equests or clscovering thatthe request wl equie extensive redaction). An estimate can be revised when appropiate, but unwarranted serial extensions have the effet of denying a requestor acess to public records Infact the fist two estimated dates came and went without a response, Ia both instances 1 had to follow up wth you the following day to find out the status, One reason that was proved for SPS'falure to meet one of ts estimated response dates was tho belief thatthe compete Transcrit of Evidence (due August 26th, nally provided October 17th) had the information need. Infact. te Transcripts nara focused onthe time pevied between votes on the NWEA contrat. No one sought carificaton from me on that pont unt the date hag come and gone. Now we ae in protracted period ‘of arial extansions, actualy no reasonable estimate at al only "updates" {donot accept that transmittal of information already avalable to the pubic is reason to drag this POR on as fang 9 it has ‘ egercing separate email sever, the CD of echncel emis you sent slong spanned years 2008-2009. No mention ‘was made of posing delivery by year due to server sues, Twill be glad when there are no further surprises or excuses, and '5PS can actually meet ts obligation tothe public. Cecilia MeComieke 206-595-2366 ‘Subject: RE: Public Disclosure Request for NWEA/MAP Records Date: Mon, 6 Dec 2010 17:41:36 -0800 Fron: stovens@seattleschools.org Te: epymactahotmallcom CC: tinf@aigua.gov ear Ceci, ‘am writing in response to your ema low. ‘+ {id net Hit the date range ofthe emails fom the Superintendent related to NWEA/MAP, but the District has ‘maintained emails since 1/1/09 on acifferent server, so those came to moin a separate BMA export from those falls prior to 1/1/08, That is why the batch sent you previously was for that date range. Iam reviewing those temals sent prior to 3/3/09 now and hoe ta send you another installment ofthem on or before Friday, Decembor 10,2010. + By sending you those responsive documents that were also avallable on the District's website, | was merely trying tormake sure thetwe leave no stone unturned in fesponding to your request, cannot assume that you have ‘ntp/fby1 5 Loebayl 5m jiv.com/mailPrintMessages aspx ?epids31648190.d7b-496a-s96e-b931C21309..._1/6/201Windows Live Hotmaut Print Message Page? of 1 + Ihave sent second request to our Grants Department fora response to your questions, and Ihope to hea from them soon, + Lam enlisting the help of temporary worker this weekin an effort to speedup the review af the 6000 emails. | il keep you posted on that progress by giving you a status update in my December 10" response Please let me know if you have any questions. Best regards, Joy Stevens SP Legal AsistantPuble Records Ofer (Gorerel Counsel Ofte Seale Publ Schools 206.252.0117 206.292.0111 (AX) essseatieshoalsone From: P and C McCormick {malto:epymaci@hotmal.com) ‘Sent: Friday, December 03, 2010 7148 PM ‘To: steers, Joy Ce: tinfata.na.gov ‘Subject: RE: Pubic Disclosure Request for NWEA/MAP Records 30, 1 id not specty date lint on the emails related to the Superintendent's appointment on the NWEA Boar Tt so happens that the date range you provided conveniently excludes the period when she was offered and accepted a pasion onthe board, Please cease posing mis on csclosure that happen to excide the public information of terest to me, and send the documents as soon as posible. This appears to simply be continued efforts to delay, obfuscate and stonewall Information that should be mace availabe tothe public na reasonable amount of te. Furthermore, information thats realy avalable on the Seat Pubic Schoos website isnot needed. Tam able to reve myself, By pasing along innocuous newslestes and press releases you may ive the appearance that SPS is making a ‘good fat effort to comply but we know better than that. T am aware that you have responded to other complex publ disclosure requests inthe te since submitted my request in August. December 10, 2010 wil be neal four months since the date of my inl request. This snot a matter of meeting an “unreasonable” deedine, ths is a mater of SPS {acting in an open anc transparent manner, something paren ad the State Audtor have foun serious fault with Tintend {keep pressing for release of this nformation by all means avalabe to me. Ceca MeCormice 206-595-7366 By the way, Ihave yet to get a response rom the SPS Grants department on my email dated Novernber 18,2010 (see below). Two weeks should be more than adequate time fr someoce in that department to give me a cal and answer two simple cuestons. ‘Subject: RE: Public Disclosure Request for NWEA/MAP Records Date: Fi, 3 Dec 2010 18:51:34 -0800 From: stevens@scatteschools.ory "To: eprinc@otmalicom hp fbyl S1w-bay 151 anail.live com/maiV/PrintMessapes.aspx epids-348190-dd7-496a-296e-b93 1¢21369,.._ 16/201Windows Live Hotmail Print Message Page 3 of Ie (Ce: TimF@ATE:WA.GOV Ceci, {am writing to eve you another Installment response to your amended publ records request (attached). In partial, response to item #3 of your request, ttached are the following: “+ Ema including attachments that relate to the Superintendent's appointment r service onthe NWEA Board fom 4/1/09 trough 10/1/10 “+ Schoo! Board Friday Updates for September 19, 2008, November 7, 2008, and June 25,2008, which mention the NEA. Board (dd nat include the attachmants because they are nt responsive) ‘Seattle rable chacis senoal Beat for Seprember 19,2008 with attached press release about the Superlndern’y sppointment tothe NWEA Board | am continuing to review and receive and eview responsive emals, and by last count, have 6,203 ema stl to review ‘or exemptions, redactions, and responsiveness. |am srry that lcannat accomplish that task nd give you a inl response as quickly 28 you would Uke, Gased upon the complesity of your request, the large numberof responsive documents, the number of ether requests curently in process, the fact thatour office hasbeen shor‘-nanded since September 2010, andthe upcoming winter break, lam not certain when Ican provide you with the final installment response. However, | wll continue to send you installment responses as quickly a possible, and wil send you another installment zesponse on o before December 10, 2010. | wil provide you with an exemption/withnolding log after | have sent you the fnal installment response. Please let me knew f you have any questions. Best regard, Joy Stevens Joy. Sens ‘Legal AsistaPublic Records Ofter Goyer Counsel Office Seale Publi Shoals 206282-0117 206-282 011 (PAX) stnsiseuteschools ore From: Stevens, Joy ‘Sent: Monlay, November 25, 2010 7:22 PM Tor and C MeCormick” ‘Subject: RE: Public Disclosure Request for NIVEA/MAP Records Hi cecilia, am writing to give you an update regarding your request. have received your addtional questions sent teday, an arm still nthe pracess of reviewing the emails tht ae responsive to Your request tantiipate being able to send you another response on or before December 3, 2010, “Thank you for your patience with the winter storm interrupting the proces. Is-3648190-ddTb-496a-096e-9316213e9..1/6/201 battps/foyl St bay 151 mail live.conv/mail/PrintMossagesaspx?eWindows Live Hotmail Print Message Page 4 of 1 ‘est regards, Joy stovens soy A Sevens ‘Lego Aeristant Public Records Oficer (Goverl Counsel’ Office Seale Peblic Schools 206-252-0117 206-252-0111 (FAX) texe@sentleschoalsons From: Stevens, Joy ‘Sant: Wednesday, November 24, 2010 7:58 AM “Tos P and C McCormick Subject: RE: Public Dosure Request for NWEA/MAP Records Hi, Coat, | wanted fo lat you know that ou oles has been closed since Monday afternoon (Novernbet 224), and I eannot access the ‘mas that | noed ta review fom my home compute. wil get back otha process on Monday, November 28, 2010, nd ‘wl giva you another response or status Update on that dat, but, unfortunaely, the ofice sures wil impact my oginty estimated response dates, "hope you are staying warm and enjoying the Thanksgiving break. From: Pand C MeCormick [maito:epwmac@otralcom] Sent: Fr 11/19/2010 1:23 PH ‘Tor Stevens, Joy Cet P aed € MeCormick Subject: RE: Public Discosure Request for NWTEA/MAP Records 20% ‘Ana I know shout have to ack this but, please verify that the eal accounts of Brad Bernatek and others have been ‘accessed for ths information as well. To not necessary wont cuplcates but the request should not be interpreted in a lintel mane ‘understand that there were dscussons relating tothe selection of NEA MAP for the Dist assessment tool. T expect there were discussions relating to ts selection fora plot study. These were not evident inthe DeBarros emis sent. Thank you, Ccecia From: epymacdtmalcom Tor jptevensseattleschools.o1g ‘Subject RE: Public Disclosure Request for NIVEA/MAP Records Date: Fi, 19 Nov 2010 11:04:27 -0800 Iutp//by1 5 Iw-bay1 SL mail. live com/maillPrintMessages.aspx?epids-31648190-Jd7b-496a-a96e-b93 121369... 1/6/201‘Windows Live Hotmail Print Message Page Sof 4 {Good moming, oy In reference tomy original inqui 1, _Alldocuents that relate or pertain to he Seatle Public Schools (SPS) review of NWEAMAP, EGusof, and Stanford-10 assessment tool, and any consultant reports research and anayss; “Thank you for aly providing the emals relating to the DeBarros study. Asnoted above, { would aso ike communktons ‘with all he study subjects relating to the other assessment tools. Thope these wil be avalable by Noveber 30,2010, Please let me know. ‘Thanks Ceca ecormick 206-595-2366 Subject: RE: Public Disclosure Request for NWEA/MAP Records, Date: Thu, 18 Nov 2010 15:46:41 -0800 From: jtevens@seattleschools.ory “To: cpemacehotmall.comm Dear Cecela, am ting In reponse to your questions below: 4. Wht are the ramifcations of using crants awarded for one given assessment to purchase a efferent assessment? ~~ ‘As pubic records affier, but do nat have the expertse to answer this question. 1 am forwarding to our Grants Department fr a response. 2. What and why waa section redacted on pg 10? Pease provide this information inthe fture. ~ Nothing vas redacted from the documents proved to you, but tht dark ine was Nghighted and dé not scan well. The darkened area say, "Seattle Public Schocs wil receive §5,720." Ihave scanned page 10 at a higher dp anda lighter setting, and is attached. 3, Please provide a complete pg 9 —- Nothing was redacted or omitted fom the documents I provided in the attachment pave you a compete copy of everything Inthe Grants Department fle rlated to this patciar grant. Page 91s an accurate copy of te original. You are welcome to come tothe JSCEE and view the original document f you desire. Thad a question regarding the aditonal PO and payment documentation Treceved eal this week: |. what mochanism I it permissible fr SPS to pay for MAP licenses fr tvo parochial schools? Why not al private ‘schools? = Tinquied about those two payments, and the way T understand ts thatthe Settle Public Schools i the ‘custodian of Tite I funds generated by students In those non-public scheos within the Distt boundaries. Those two payments made to NWEA on behalf of St, Edward School and St. George Schoo! were made out of THe [funds in the {ostoay of Ss but generated by and allocated te Uowe te publ seiuals. Tn wating for any documentation about this ora more detailed description from our Tie /Grants Department, so {learn anything more cbout ths 1 wit pass i along to you, As, in further response to tem #2, which you clarified to include Jessica de Barros’ emails elated to NWEAVIMIA? that were generated on her personal email accotint, those documents are attached. In accordance with RCW 42.56.250(3), the personal phone numiver and personal emall addres af employee, lessca de Barros, have been redacted from the copies being provided. inthe interest of time, Ihave not indicated on each redaction the ite, but they areal the same exemption, No documents were withheld from this group of eral. {will give you another response tomorrow, November 19,2010. Please let me know f you have any questions. hitpffoy1S1-bay151 nail lve com/mail/PrintMessages.aspx?cpids~31648190-dd7b-4962-296e-b9316213e9..._ 1/6/2011Windows Live Hotmail Print Message Page 6 of Best cegards, Joy Stevens Jey A Sevone |S: Lego AsistanPubleReconds Ofc Geseral Counsel’ Office ‘ScutlePubte Schools pne2s2.0117 208-252.0111 AX) utsensactdeschaole.ce From: and € McCormick [maito:cpymac@hotmal.com) ‘Sent: Thursday, Hlovember 18,2010 8:19 AM To: Stevens, oy ‘Subject: FW: Public Disclosure Request for NWEA/HAP Records Sorry Joy, one more thing. I dont recall seeing voles or payments forthe 2008-2009 pilot study. Please check your records. ‘Tanks you, Ccertia Mevmiek 206-595-7365 From: cpymacéthotmacom “To: jtovensiseatteschools.o-g Subject: RE: Public Disclosure Request for NWEA/MAP Records Date: Thu, 18 Now 2010 09:08:14 0800, “Thank you Joy for providing tnese documents. T can see how tis might have been missed Inia as there is no mention ‘oF NWWEA or MAP in the Grant appllaton or aver. T have three questions 1, What ate the ramifications of using grants awarded for one glen assessment to purchase 2 different assessment? 2. What and why was a section redacted on pg 10? Please provide this infomation inthe future. 3. Please provde a complete pa 9 {had a question regarding the adltional PO and payment documentation [recived earlier this week: |. By what mechanism Ist permissible for SPS to pay for MAP ceases fortwo parochlal schools? Why not al private schools? Ceca McCormick 206-595-7366 ‘ect: RE: Public Discosure Request for NWEA/MAP Records Date: Wed, 17 Now 2010 16:48:59 -0800, From: jtevens@seatteschooks.org ‘To: epomacahotmallcom Dear Cecelia, ‘ntpay SL wchay 151. mail live.com/mail/Print Messages aspxepids~31648190- To: "Debbie Gifford" clebbie.gif Fors > ce: ‘watt chapman” ; Goodloe-Jomson, Maria Sent: Sat Feb 23 09:15:38 2008 Subject! Ke! marta Goodi¢e-JoMnson ate So, if didn't Manta in 4 weak moment T think we con add her. With the joining and With Maria joining T think we will strengthen the hoard tremendousiy= sed Harta on this for her confinaation and in case you need bio, ete. from her Sorry I did not get this info to you sooner. Fron: vebbie Gifford [mailto:debbic, gi fforditiEa. org Sent: Friday, February 22, 2008 2:15-PH To: Joseph Wise Ce: fate chapman Subject: RE! Maria Goodloe-Johnson Joey an forward this to you on Matt's behalf as the first try bounced back. Please confirm receipt. Thanks so much DebbieFrom: Hatt chapman Sent: Friday, February 22, 2008 9:37 a¥ To: Joseph wise Subject: Mara. Goodloe-Johnson this week. vas in ‘he would really be a Let me know your thoughts, and how T might take “next steps" to make this happen. ‘Thanks. Hatt Chapman President & CEO Northwest Evaluation Association 5885 Su Meadows Rood, Sulte 268 Lake Oswego, OR 97035 Direct: 971-222-1700 ain: 503-624-2951, coll: 503-804-1700EXHIBIT 12 PALAO-VARGAS DECLARATION IN ‘OPPOSITION TO DEFENDANTS” SUMMARY 19Windows Live Hotmail Print Message Page 1 of 3 RE Stipulated Continuance From: aff Freimund (tFtawcoen) OF Sinks Mon 1/24/11 1057 AM To: Pand C McCormies(¢pymacqnotmal com) Ce joangmatnasoentorg (0k, thanks forthe update, Because the District's motion is for summary judgment, Role $6 applies instead of Rule 7. See, e.g, King County Lacal Rule 7(6X(1), referencing Rule 56. Rule 7 applies 0 non-dispositive mations, but a summary judgment motion is dispositive, meaning it could end the case, Under Rule 56, your response to the District's summary judgment motion is due 11 ealendar days before the hearing, which means its due today. My reply brieis due next Monday, 5 days, before the hearing that i set for Feb. 4", Sorry toe the bearer of bad news. If you can send your response to the District's summary judgment motion by Wed., I won't object o its tardiness. That will sill give me time to work on my reply brief. Jet Freund Fremund Jackson Tarif & Benedict Gaal, PLLC (on) 584-9860 From: Pond C McCormick [maitcpymacanotmal com ‘Sant: Monday, Jarwary 24, 2011 10:45 AM To: Jeff Fretmund Cet joaneamathascentorg ‘Subject: RE: Stipulated Continuance eft, ‘Yes, Joan brought by this Solurday. can fax to you tomorrow. Tifa s 4/18/11, outa refs cue 2p25/. bythe way, I cal the Clerk to see f could delete the two motions fled incorrecty but they sal couldn {just went to confirm in writing hat we are cropping the Mation to Ad/Drop Parties and the Amended Notice. Thanks, | thought LR 7.6.4.0 calls fr fling a reply 2 court days before the hearing..? Please call cecila| Subject: RE: Stipulated Continuance Date: Mon, 24 Jan 2011 10:19:04 -0800 From: JetFaftaw.com To: epymacishotmalicom CC: Joand>mathascent.org Have you received a judge-signed copy ofthe Stipulation and Agreed Order of Continuance yet? If 0, please forward ine a copy. Also, I'm going to be out of town for a few days this week. Would ‘you please email me a copy of your response to the Distret’s summary judgment motion, which I ‘htto://oy1S1w. hay 15 L mail. live.com/mail/PrintMessages.aspx?epids=c340831f-27eb-1 le0-80cc,., 1/26/2011‘Windows Live Hotmail Print Message Page 2.013 presume you'll be filing today? ‘That way I can print it out today to take with me, Thanks. Jeff Froimund Freimund Jackson Tarot & Benet Garratt, PLLC (960) 594-0960 From: Jeff Felmund ‘Sent: Friday, January 14, 2014, To: P and C McCown Ce: joanmathascentorg ‘Subject: RE: Stipulated Continuance Great, thanks. Here's the paf with my signatures. elf Froimund Freimund Jackson Tar & Benedict Carat, PLLC (80) 34-0060 From: P and C MeConnick fmalto:cpac@hetmail.con] ‘Sents Friday, January 14, 2011 11:02 AM “est Frm Reads much beter! Tm okay withthe changes. Ploase senda signed copy wien you geta chance, Il e- fle, alla working copy to the Judge, along with the envelope. ‘On a related not, I wil contact the clerk about withering the mation Il Incorrect. ‘Thanks very much, Cacia Palao-Vergas 206-595-2365 Subject RE: Draft Stipulated Continuance Date: Fe, 14 Jan 2011 10:30:05 0800 From: JeffFafitaw.com “or cpvmacc@hatmallcom CC: joantmathascentorg Good job! I just made a few minor changes. Please review the attached revised draft and let me know iyou think futher changes are needed, ‘Once we arrive ata document we can all agree on, P' sign it and pdf a signed original to you so you ‘an filet, along with a courtesy copy to Judge Doyle. You should send s stamped, self-addressed ‘envelope along with the Stipulation soit can be mailed back to you after the Judge signs it, After you receive the signed Agreed Order from the Judge, please email me a pf ofthe signed order for iy files. “Thank you for your courtesies and professionalism bitp://by 5 tw.bay15 1 mail live.com/mail/PrintMessages.aspx?cpids-c3408311-27eb-11¢0-B0ec.... 1/26/2011Windows Live Hotmail Print Message Page 3 0f3 Jef Froimuns Freimurd Jackson Tarif Senecict Gata, PLLC (380) 534-0960 From: Pand € McCormick [malto:cpemacthotmal.com) Sent: Friday, January 14,2011 9:34 AN To: Jet Freund Ce: joanedmathascent.org Subject: Draft Stpuiated Continuance ses, Ne drofted a request for contiuance, se attached. 1 appreciate you fog any pats that need fing. “Thanks for your Meaty inthis matter, Cecta Paizo vargas 205-595-2365 huip:/fby151w-bayl5 mail live.com/mail/PrintMessages.aspx?epids~c340831F-27eb-I1e0-80ec. 1/26/2011