FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Timothy J. Coville,
Complainant
against Docket #FIC 94-325
Superintendent of Schools, New Milford Board of Education,
Respondent July 12, 1995
The above-captioned matter was heard as a contested case on April 24, 1995, at which time the complainant 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 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 of complaint filed September 15, 1994, the complainant appealed to the Commission, alleging that his August 30, 1994 request for certain records had been denied.
3. It is found that the complainant by letter dated August 30, 1994 requested a list of "all Learning Disability Consult Model classes/classrooms, including grade level and teachers' names, being taught in the New Milford system in the 1994-1995 school year."
4. It is found that the respondent by letter dated September 9, 1994 provided a list of all teachers in the New Milford school system, maintaining that all teachers collaborate with special education teachers.
5. It is found that the complainant believes that certain, but no all, of the classes in the New Milford schools contain a mix of learning disabled and regular students; and that while the parents of learning disabled students are notified of their children's placement in regular classrooms, the parents of regular students are not notified of their children's placement in mixed classrooms.
6. The respondent maintains that all of the classrooms in the New Milford school system are special education classes; that special education support personnel go into 90% of all
Docket #FIC 94-325 Page 2
classrooms; and that, in any event, there is no (or is no longer) any "Learning Disability Consult Model" classes or classrooms, and no list exists of any such teachers or clases--other than a list of all teachers in the system.
7. It is found that the New Milford school district did not as of the time of the complainant's records request use a "Learning Disabilities Consult Model Classroom" program, although such a program appears to have been in effect as little as a year earlier.
8. It is found that the New Milford school district currently has regular education classrooms into which children with disabilties are assigned, and who receive support from special education teachers or paraprofessionals, or both, pursuant to individualized educational plans.
9. It is found that approximately 90% of the classes in the New Milford district system have special education students assigned to them, and that a list comprising 90% of the teachers or classes would not be materially more responsive to the complainant's request than a list of 100% of the teachers and classes.
10. It is also found that the respondent, perhaps in an attempt to protect the identities of children receiving special education services, was less than entirely cooperative in answering the complainant's questions.
11. It is also concluded, however, that the respondent did not violate the provisions of the Freedom of Information Act.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 12, 1995.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-325 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:
TIMOTHY J. COVILLE
127 Montain View Drive
New Milford, CT 06776
SUPERINTENDENT OF SCHOOLS, NEW MILFORD BOARD OF EDUCATION
50 East Street
New Milford, CT 06776
Debra L. Rembowski
Clerk of the Commission