General Counsel KORA (Kansas Open Records Act)

The Kansas Open Records Act (KORA)

The Kansas Open Records Act (KORA) is state law which requires that public records shall be open for inspection by any person as described in the Act [K.S.A. 45-215 through 45-254]. Emporia State University, as a state agency, is subject to KORA and the records of the University will be disclosed upon request, unless a particular record meets one of the exceptions from the disclosure under the Act. The ESU Memorial Union and the ESU Foundation are each separate entities from the University and their records are not subject to KORA.

To request a copy of a record, or to view a record:

• Records requests must be made in writing to the Office of the General Counsel, who serves as the University records custodian for purposes of KORA at the link above.
• The request must specifically identify the record being sought and must also include the name and contact information of the person making the request.
• A records request sent to someone on the ESU campus other than the General Counsel should direct the requester to the link above.
• KORA requests must be for existing records, not information.
• KORA does not require that a record be created in order to respond to a request.

When a records request is received:

• A written records request is considered to be received when it is submitted to the request portal. A request sent to another office is not “received” until the request is submitted in the portal.
• An initial response to the records request will be sent within three business days of the date of the request acknowledging receipt of the request. The initial response may also contain information about whether the records exist, whether the records are subject to KORA, and an estimate will of how much time will be necessary to comply with the request. The three day time period for this initial response begins the first business day after the date the request is received.
• If a record has been requested that is not subject to public disclosure, the response will state that the record will not be disclosed and will also give the legal authority under which the record is closed.
• If a request is made to obtain names and contact information of students or personnel (directory information), the requester will be required to certify that the information will not be used for solicitation or any other prohibited purpose. If this certification is not given, the request will be denied. Information obtained through KORA cannot be used for purposes of solicitation.
• Kansas law does permit a fee to be charged to the person making the request for employee time necessary to find and prepare the records to respond to the request, which can include copying or other actual costs. If there will be a fee, the requester will be informed of the fee and the reasons for the fee. Any fee must be paid before records will be provided in response to a request.
• When the requested records have been collected, they will be provided to the requester through the portal. Electronic versions of records will be provided whenever possible, unless they are unable to be provided electronically.
• KORA does not require that records be provided within a specific time period. However, records will be sent in response to a request as soon as they are available.

If a person believes their records request has been incorrectly handled, they can pursue any of the following options:

1. File a lawsuit in district court against Emporia State University;
2. File a complaint with the Lyon County Attorney; or,
3. File a complaint with the Office of the Kansas Attorney General. Complaints filed with the Kansas Attorney General must be filed on the form provided by that office online at: www.ag.ks.gov.

For more information on KORA requests, please visit: https://emporiaedu.nextrequest.com/faqs