FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Debra M. Gaudette
Complainant
against Docket #FIC 94-28
Associate Commissioner, State of Connecticut, Department of
Education, Division of Teaching and Learning
Respondent April 27, 1994
The above-captioned matter was heard as a contested case on April 7, 1994, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. At the hearing on this matter, the respondent presented a motion to strike, which motion was denied.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter date-stamped as received on January 24, 1994, the complainant requested a copy of her daughter's completed sixth grade "mastery" test.
3. By letter dated January 25, 1994, the respondent denied the complainant's request.
4. By letter dated January 31, 1994, and filed with the Commission on February 3, 1994, the complainant appealed from the denial of her request for her daughter's completed test.
5. The complainant seeks access to both the test questions and her daughter's answers and responses thereto.
6. The respondent claims the subject records are exempt from disclosure under 1-19(b)(6), G.S.
Docket #FIC 94-28 Page 2
7. Section 1-19(b)(6), G.S., provides that a public agency is not required under the Freedom of Information Act to disclose:
test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations.
8. Section 10-14n, G.S., defines the "state-wide mastery examination," which is at issue here, as "an examination which measures whether or not a student has mastered essential grade-level skills in reading, language arts and mathematics."
9. It is found that the test at issue here is an academic examination within the meaning of 1-19(b)(6), G.S.
10. It is also found that disclosure of the requested records would result in the disclosure of test questions and other examination data used to administer an academic examination within the meaning of 1-19(b)(6), G.S.
11. The complainant nonetheless contends that the respondent is required pursuant to federal law to disclose the requested records to her as the parent of a student.
12. It is found that the Commission lacks jurisdiction to order the disclosure of the requested records pursuant to federal law.
13. It is therefore concluded that the respondent did not violate the Freedom of Information Act when she declined to disclose the records requested by the complainant.
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 Commission notes that at the hearing the respondent agreed to provide the complainant with a copy of that portion of the mastery test with contains the writing sample "prompt" or question and the writing sample the complainant's daughter gave in response thereto.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 27, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 94-28 Page 3
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
Mrs. Debra M. Gaudette
22 Higbie Drive
East Hartford, CT 06108
Associate Commissioner, State of Connecticut,
Department of Education, Division of Teaching and Learning
c/o Ralph E. Urban, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Elizabeth A. Leifert
Acting Clerk of the Commission