Director orders Wasatch Peak Academy to produce records and reverses fee waiver denial

Director Pearson ruled in favor of petitioners (the Nashes) in a long-running GRAMA dispute with Wasatch Peak Academy (WPA), finding the school's fee estimate unreasonable and ordering production without payment of fees.

Mr. Nash told the hearing the school repeatedly delayed processing GRAMA requests, produced records late, refused record‑by‑record identification of withheld documents, and provided an excessive fee estimate (he cited a May 11 estimate of $28,000 to $47,000 and as many as 265 hours of work). Nash argued the bulk of requested items were ordinary records (policies, governance documents, communications) that should be readily producible and said WPA's use of FERPA and broad privilege claims amounted to evasion.

Miss Preston, representing WPA, said the school is small (about 400 students) with two administrators, must outsource IT and legal work, and estimated some records would require significant outside review and FERPA or privilege analysis. She told the director some records being sought do not exist in the format requested and said WPA would adjust fees downward if actual time is less.

The director reviewed in‑camera records and the parties' briefs. He found WPA's fee estimate inflated and noncompliant with his March 9 order (which directed use of the lowest‑paid employee capable of performing the work). Pearson said the estimate suggested lack of good faith and an unreasonable denial of a fee waiver. He reversed the prior denial, ordered WPA to process the request without payment of fees and to provide all responsive records or a notice of intent to appeal within 28 days of his decision. For withheld or redacted records WPA must prepare a classification log identifying record type, Bates numbers, and the specific GRAMA provision justifying the withholding; notice of compliance or intent to appeal is due within 30 days to avoid penalties under the statute.

On privilege, Pearson sustained attorney‑client privilege for records identified as such, but he found communications among board members that do not discuss counsel were not properly classified as work product and should be produced, with redactions limited to portions revealing substantive discussions with counsel. He said a written decision will follow within seven business days and that parties retain appeal rights.