FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Carrie W. Gordon
and Success Programs,
Complainants,
against Docket #FIC 88-228
Superintendent
of Norwalk Public Schools,
Respondent October 12, 1988
The above-captioned matter was heard
as a contested case on August 4, 1988, at which time the parties appeared and
presented evidence and argument on the complaint.
After consideration of the entire
record, the following facts are found.
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By letter dated May 26, 1988, the complainant Gordon requested the
respondent provide her with a list of the parents of tenth and eleventh grade
students.
3.
By letter dated June 1, 1988, the respondent denied the request of the
complainant Gordon.
4.
It is found that the complainant Gordon seeks the list of parents so
that she can send them advertising for the educational programs provided by her
firm, the complainant Success Programs.
5.
It is found that the respondent has no list of the parents of its tenth
and eleventh grade students.
6.
It is found that the respondent does have a list of students and student
addresses.
7.
The complainant Gordon argues that the list of parents could be provided
by deleting the first names of the students from the list containing directory
information for students.
8.
It is found that if the students' first names were deleted, the list
would not necessarily contain the parents names because parents may have names
different from their children, and because some children may live with their
legal guardians, or with foster families.
Docket #FIC
88-228
page two
9.
It is found, further, that disclosure of the list with the first names
of the students deleted would be tantamount to disclosure of the students'
names and addresses.
10.
It is concluded that the respondent may withhold the list with directory
information for tenth and eleventh grade students because such information is
exempt from disclosure under
1-19(b)(ll), G.S.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1.
The complaint is hereby dismissed.
2.
The respondent is urged to consider whether the parents and guardians of
the students under eighteen, and the students over eighteen years of age, in
the tenth and eleventh grades, might benefit by being given an opportunity to
consent to have their directory information given to Success Programs pursuant
to 1-19(b)(ll), G.S., so that they could have an opportunity to consider
the educational programs offered by the complainants.
Approved by order of the Freedom of
Information Commission at its special meeting of October 12, 1988.
Catherine H.
Lynch
Acting Clerk
of the Commission