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 88‑250

New Canaan Superintendent of Schools,

Respondent October 12, 1988

The above‑captioned matter was heard as a contested case on August 17, 1988, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits 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 complainants made a request of the respondent for a list of parents of tenth and eleventh grade students in the respondent's school system.

3. The respondent failed to respond to the complainants' request for records.

4. By letter of complaint filed with the Commission on June 27, 1988 the complainants appealed the respondent's failure to provide the requested records.

5. At hearing, the complainants clarified their request by stating that they were seeking the names and addresses of parents of tenth and eleventh grade students.

6. It is found that the New Canaan school system does not have centrally‑maintained student records. However, each school in the system maintains records which reflect parents' first names and students' names and addresses. Mailings from the school system are addressed to parents by name, not "to the parents of" a particular student.

Docket #FIC 88‑250 Page Two

7. It is found that information regarding parents' names and addresses, maintained by schools in the New Canaan school system, is recorded data or information relating to the conduct of the public's business and is, therefore, a public record within the meaning of §1‑18a(d), G.S.

8. The respondent claims, however, that the names and addresses of parents are exempt from disclosure pursuant to §§1‑19(b)(2) and 1‑19(b)(11), G.S., and the Buckley Amendment.

9. It is found that to the extent the last names and addresses of parents are identical to students' names and addresses, such names and addresses are exempt from mandatory disclosure pursuant to §1‑19(b)(11), G.S.

10. It is further found that to the extent that parents' names and addresses are different from students' names and addresses, such information is not exempt from disclosure pursuant to §1‑19(b)(11), G.S.

11. However, nothing in the Freedom of Information Act requires the respondent to conduct the kind of research necessary to determine which parents, if any, have names or addresses different from those of their children.

12. It is concluded that the respondent did not violate §§1‑15 or 1‑19(a), G.S. when he failed to provide the complainants with a list of the names and addresses of parents of tenth and eleventh grade students.

13. Based on the above conclusion, the Commission does not need to address other claims of the respondent regarding the disclosability of the information requested.

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.

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