FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on May 1, 1997 at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. Docket # FIC 1997-026, Cuccaro v. Commissioner, State of Connecticut, Department of Education; and State of Connecticut, Department of Education, was consolidated with the above-captioned matter for purpose of hearing. The full list of complainants is set forth in Appendix A to this decision.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondents are public agencies within the meaning of § 1-18a(a), G.S.

2. It is found that by letters dated March 7, 1997, the complainants, students at Bunnell High School in Stratford, requested that the respondent commissioner return to them their original work on the 1996 Connecticut Academic Performance Test ("CAPT").

3. It is found that the respondent commissioner denied the request by letter dated March 18, 1997, indicating that the requested records are exempt from disclosure pursuant to § 1-19(b)(6), G.S.

4. By letter dated April 3, 1997 and filed on April 10, 1997, the complainants appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by denying them access to the requested records.

5. Section 1-19(a), G.S., provides in relevant part:

Except as otherwise provided by any 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.

6. It is concluded that the requested records are public records within the meaning of § § 1-18a(d) and 1-19(a), G.S.

7. Section 1-19(b)(6), G.S., permits the nondisclosure of:

test questions, scoring keys and other examination data used to administer…academic examinations.

8. It is found that the CAPT is an academic examination within the meaning of § 1-19(b)(6), G.S.

9. It is also found that the requested records constitute test questions and other examination data used to administer an academic examination within the meaning of § 1-19(b)(6), G.S.

10. The complainants contend that the return of the requested records would greatly assist in their preparation to re-take the CAPT.

11. While the Commission empathizes with the complainants’ position, our legislature has spoken clearly in the language of § 1-19(b)(6), G.S.

12. It is therefore, concluded that the requested records are permissively exempt from disclosure pursuant to § 1-19(b)(6), G.S., and the respondents did not violate the FOI Act when they failed to disclose the requested records.

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 commends the complainants and their teacher-representative, Ms. Joan Crimmins, for taking the issue of the complainants’ education so seriously, and for so articulately presenting their positions.

Approved by Order of the Freedom of Information Commission at its regular meeting of May 14, 1997.

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

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:

Brian Anzellotti, et al.
c/o Joan M. Crimmins
Frank Scott Bunnell High School
One Bulldog Boulevard
Stratford, CT 06497

Commissioner, State of Connecticut, Department of Education; and State of Connecticut, Department of Education
c/o Ralph Urban, Esq.
Assistant Attorney General
PO Box 120
55 Elm Street
Hartford, CT 06141-0120

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

FIC1997-025/FD/eal/05231997

APPENDIX A

Anzellotti, Brian A.
Ariz, Khaliah
Bajko, Adam J.
Bellizzi, Jennifer, M.
Binkley, Jennifer
Bourque, Robert A.
Brelsford, Jr., Richard
Carlson, David J.
Carrafiello, David M.
Carroll, Meghan E.
Carroll, Jamie
Cohen, Tracy
Corb, Benjamin W.
Corris, Lindsay
Cuccaro, Lauren E.
Damilowski, Jennifer
Deeb, Michael
Delaney Crystal S.
Dezenzo, Amy
Dillon, Michelle L.
Donofrio, Michelle
Ferrara, Joseph
Figlar, Raymond J.
Foglia, Melissa A.
Gallagher III, Eugene M.
Gardner, Gilbey
Giaquinto, Anthony P.
Ginand, James C.
Goodfellow, Lisa A.
Harrison, Michael R.
Hojdich, Julie A.
Hukak, Lori R.
Hurd, Wesley
Jackson, Jeffrey L.
James, Scott A.
Kalafatis, Nickos
Kalakay, Frank M.
Khan, Naveed
Kuch, Jason T.
Lachapelle, Eileen
Lake, Christopher
Langhammer, Lori A.
LaRocco, Jason
Loehfelm, Shane M.
Malash, Christine
Marshall II, Thomas J.
Mazzadra, Melissa M.
McAllister, Noelle C.
Moher, Michael J.
Myers, Sean S.
Nemcheck, Jamie
Nerkowski, Karen E.
Neumann, Stephen
Pasick, Joanna
Patel, Hitesh
Pettway, Montique
Porto, Angela
Puccini, Keri L.
Pudims, Keith
Quaranta, Melissa A.
Quiricone, Richard
Rader, Peter G.
Ramadanovic, Natalie M.
Rassias, Erica L.
Rivera, Amy L.
Rivera, Carly S.
Rodriguez, John
Romatzick, Thomas
Rothrock, Heidi E.
Ryzak, Allison T.
Shaw, Melissa A.
Shugrue, Christopher J.
Sirella, Julia S.
St. Clair, Travis
Syx, Melanie B.
Teixeira, Brian
Testa, Joseph
Toman, Julie Y.
Usdavin, James
Vasquez, Victoria
Velez, Anthony
Walls, Sarah W.
Weide, Robert W.
Zogby, Katherine