FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Joan Coe, |
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Complainant |
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against |
Docket #FIC 2000-068 |
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Superintendent of
Schools, |
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Respondents |
September 13, 2000 |
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The above-captioned matter was heard as a contested case on March 28, 2000, 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 §1-200(1), G.S.
2. It is found that by letter dated February 9, 2000, the complainant requested that the Business Manager of the Board of Education provide her with “copies of all completed injury reports from students participating in Simsbury’s Varsity and Junior Varsity sports for the last three years (1997-1998, 1998-1999, 1999-2000), (hereinafter “requested records”).
3. It is found that by letter dated February 11, 2000, the respondent denied the request claiming that the requested records were exempt from disclosure pursuant to §1-210(b)(17), G.S.
4. Having failed to receive the requested records, the complainant, by letter dated February 14, 2000 and filed on February 16, 2000, appealed to the Commission alleging that the respondent violated the Freedom of Information Act by denying her copies of the requested records.
5. Section 1-210(a), G.S., provides in relevant part that “[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency…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….”
6. It is found that the respondent maintains and keeps on file certain athletic injury forms (hereinafter “injury forms”) that are responsive to the complainant’s request. Such forms are public records within the meaning of §1-210(a), G.S.
7. The respondent contends however, that §1-210(b)(17), G.S. prohibits him from disclosing the injury forms. Section 1-210(b)(17), G.S., provides that educational records that are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, are not required to be disclosed.
8. This Commission has found that 20 U.S.C. §1232g prohibits public schools that receive federal funding from disclosing information concerning a student which would personally identify that student. See FIC 1999-306 Brenda Ivory v. Vice-Principal, Griswold High School, Griswold Public Schools; and Griswold Public Schools (Final Decision dated January 26, 2000).
9. The complainant contends that redaction of certain personally identifiable information contained on the injury form would protect student confidentiality. Consequently, the complainant is willing to accept the injury form with certain redactions.
10. However, under the specific facts and circumstances of this case, it is found that mere redaction of a student’s name, address, date of birth, phone number, and name of parent/guardian, would not ensure that the student’s identity would be protected. It is found that some athletic teams have small numbers, and even with respect to larger teams, to divulge information as to the particular sport involved, coupled with the date and time of injury, as well as the name of a coach, would be to divulge information so specific to a student’s situation that such student’s identity might not be protected.
11. It is therefore, concluded that the requested injury forms are permissibly exempt under 20 U.S.C. §1232g and §1-210(b)(17), G.S. because the information contained therein, if disclosed, would personally identify a student. Such injury forms are of course disclosable if the appropriate parental or student consent is obtained.
12. It is therefore, concluded that the respondent did not violate §1-210(a), G.S., when he failed to disclose the requested injury forms.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
The
complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 2000.
_________________________
Melanie R. Balfour
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:
Joan Coe
26 Whitcomb Drive
Simsbury, CT 06070
Superintendent of Schools, Simsbury Public Schools
c/o Atty. Thomas N. Sullivan
Sullivan, Schoen, Campane & Connon, LLC
646 Prospect Avenue
Hartford, CT 06105-4286
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-068FD/mrb/09/15/00