Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Holmes High School violated the Open Records Act in denying the July 30, 2001 request of Ronald J. Bray for copies of educational records pertaining to his two children maintained by the school.
In his letter of appeal, dated August 20, 2001, Mr. Bray indicated he had yet to receive a response to his request from the school.
After receipt of this office's "Notification to Agency of Receipt of Open Records Appeal," Mary Ann Stewart, legal counsel for the school, provided this office with a response to the issues raised in the appeal. In her response, Ms. Stewart advised that the principal of the school indicated that the records Mr. Bray requested were not provided to him at the direction of the custodial parent's attorney, who, by letter dated August 6, 2001, represented that an Order prohibiting the release of information would be forthcoming from the Court.
In a supplemental response, Ms. Stewart provided this office with a copy of an Order of the Boone Circuit Court, which among other things, prohibited Mr. Bray from access to the medical and school records of his children.
We are asked to determine whether the actions of Holmes High School violated the Open Records Act. For the reasons that follow, we conclude that the denial of Mr. Bray's request for his children's educational records did not violate the Act.
KRS 61.878(1)(k) permits a public agency to withhold "[a]ll public records or information the disclosure of which is prohibited by federal law or regulation. " The Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, regulates access to education records. In OAG 90-52, we addressed FERPA and parents' right to access to the educational records of their children stated:
FERPA requires an educational institution to allow parents of students to inspect and review the education records of their children if the educational institution wishes to receive federal funds, subject to certain exceptions that do not apply here. FERPA's implementing regulations require that an educational institution give either parent the right to inspect and review the child's education records; the only exception to this requirement is if the institution "has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights." 34 C.F.R. § 99.4
(Emphasis added.)
Since the Boone Circuit Court has enter an Order prohibiting Mr. Bray access to his children's educational records, Holmes High School properly denied him access to those records under authority of KRS 61.878(1)(k); 20 U.S.C. § 1232g; 34 C.F.R. § 99.4; OAG 90-52.
We do note that the school's failure to timely respond to Mr. Bray's initial request was procedurally deficient. KRS 61.880(1) requires that an agency respond to an open records request within three business days after receipt of a request. Mr. Bray made his request by letter dated July 30, 2001. As of the date of his letter of appeal to this office, dated August 10, 2001, Mr. Bray indicated that he had yet to receive a response from the agency. However, as noted above, the school properly denied Mr. Bray's request for access to his children's school records under authority of the Order of the Boone Circuit Court; KRS 61.878(1)(k); 20 U.S.C. § 1232g; 34 C.F.R. § 99.4; and OAG 90-52.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.