Request By:
Mr. Charlie Akins
Superintendent
Hardin County Schools
Elizabethtown, Kentucky 42701
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
Thank you for sending the records we requested pertaining to the number of pupils per teacher in kindergarten classes. You sent us two documents and stated that these are the only items of correspondence that you have been able to locate on the matter. As required by KRS 61.880 we are issuing the following opinion as to whether said documents are subject to public inspection.
OPINION OF THE ATTORNEY GENERAL
Upon consideration of a document titled Requirements for Kindergarten and a letter dated January 24, 1978 to Mr. Charles Akins from James B. Graham, Superintendent of Public Instruction, we are of the opinion that these documents are not exempt from public inspection under KRS 61.878(1). We consider the letter to be official correspondence which does not affect in any way the privacy rights of any individual. It is our opinion that both documents should be made available for inspection by any member of the public.
We call your attention to KRS 61.880(5) which reads as follows:
"(5) If the attorney general upholds, in whole or in part, the request for inspection, the public agency involved may institute proceedings within thirty (30) days for injunctive or declaratory relief in the circuit court of the district where the public record is maintained. If the attorney general disallows the request or if the public agency continues to withhold the record notwithstanding the opinion of the attorney general, the person seeking disclosure may institute such proceedings."