FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Renae Reese,

 

                                Complainant

 

                against                   Docket #FIC 95-291

 

Hartford Board of Education,

 

                                Respondent                          October 11, 1995

 

                The above-captioned matter was heard on an expedited basis as a contested case on October 6, 1995, at which time the complainant and the respondent appeared 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 dated August 24, 1995, the complainant requested that the respondent provide her with the "names, addresses and phone numbers of the parents of all students in the Hartford Public School System."

 

                3.  By letter dated August 31, 1995, the respondent denied the complainant's request and claimed that the requested records are exempt from disclosure pursuant to 1-19(b)(11), G.S., and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g.

 

                4.  By letter dated and filed September 18, 1995, the complainant appealed to the Commission and alleged that the respondent violated the Freedom of Information Act ("FOIA") by denying her request described in paragraph 2, above.

 

                5.  It is found that the respondent maintains records which are responsive to the complainant's request, and that such records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

#FIC 95-291                                           Page 2

 

                6.  Section 1-19(a), G.S., provides in pertinent part:

 

                Except as otherwise provided by federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during

                regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15.  Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void.

 

                7.  At the hearing on this matter, the respondent claimed that the requested records were exempt from disclosure under 1-19(b)(11), G.S., because the legislature intended to protect the privacy rights of families when it enacted such section, which argument the Commission finds unpersuasive.

 

                8.  Section 1-19(b)(11), G.S., provides in relevant part:

 

                Nothing in [the FOIA] shall be construed to require disclosure of (11) names or addresses of students enrolled in any public school or college without the consent of each student whose name or address is to be disclosed who is eighteen years of age or older and a parent or guardian of each such student who is younger than eighteen years of age...(Emphasis added.)

 

                9.  It is found that 1-19(b)(11), G.S., does not provide an exemption to disclosure under the FOIA concerning records of parents.

 

                10.  It is found that the requested records are stored in a computer data base, and that the names and addresses of parents can be disclosed without specifically revealing the identities or residences of any particular students.

 

                11.  It is concluded therefore that 1-19(b)(11), G.S.,  does not bar disclosure of the requested records.

 

                12.  The respondent also claims that 20 U.S.C. 1232g(b) states an exemption to the open records requirements of the FOIA.

 

                13.  It is found that 20 U.S.C. 1232g(b), merely conditions funding to educational agencies and institutions on nondisclosure of students' education records, unless parental consent is received.

 

#FIC 95-291                                           Page 3

 

                14.  It is therefore concluded that 20 U.S.C. 1232g(b) does not state a mandatory exemption to the disclosure requirements of the FOIA, and does not bar disclosure of the requested records.

 

                15.  At the hearing on this matter, the respondent claimed that it was not required to respond to the complainant's records request based on section J-R of its administrative policy manual.

 

                16.  It is found that the respondent's administrative policy manual, section J-R, does not state an exemption to the open records requirements of the FOIA, and further, that it conflicts with the respondent's statutory obligation under the FOIA and is therefore null and void pursuant to 1-19(a), G.S.

 

                17.  It is concluded that by failing to provide the complainant with the requested records, the respondent violated the provisions of 1-19(a), G.S.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The respondent shall forthwith provide the complainant with the names, addresses and phone numbers of the parents of all students in the Hartford Public School System.

 

                2.  Henceforth, the respondent shall strictly comply with 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 11, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-291                                             Page 4

 

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:

Renae Reese

c/o Daniel Livingston, Esq.

Gould, Livingston, Adler & Pulda, P.C.

557 Prospect Avenue

Hartford, CT 06105-2922

 

Hartford Board of Education

c/o Ann F. Bird, Esq.

Office of Corporation Counsel

City of Hartford

550 Main Street

Hartford, CT 06103

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission