Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Ramey-Estepp High School did not violate the Open Records Act in the disposition of Steven Farmer's September 2, 2004, request to inspect N.F.'s 1 "complete education record." 2 We believe that 04-ORD-173, a copy of which is attached hereto and incorporated by reference, is controlling. Although Mr. Farmer has submitted voluminous documents relating to this matter, the record is devoid of conclusive proof of his paternity and paternity must be established as a precondition to disclosure under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g. Once again, we urge Mr. Farmer to proceed to a final resolution of this dispute through the Office of Family Policy Compliance of the United States Department of Education or through the courts.
Turning to Mr. Farmer's second open records application, dated September 7, 2004, and requesting access to Ramey-Estepp High School's "Manual of Operating Procedures," "the current (9/04/04) 'no contact order' which states Ramey Estepp prohibits incoming mail and packages from Mr. Farmer to student . . .," and a "[n]otarized copy of Ramey-Estepp Logbook . . . [reflecting] a policy change of 3:58 p.m., 9/03/94 and the original status of 8/31/04 . . .," we find that the High School failed to respond to this portion of Mr. Farmer's request in either an original or supplemental denial. Unless the High School can articulate a statutory basis for its refusal to release copies of these records, the records should be forwarded to Mr. Farmer upon prepayment of a reasonable copying fee, not to exceed ten cents per page, and postage charges. KRS 61.874(1).
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.
Steven Farmer1315 Phillips StreetP. O. Box 1527Dyersburg, TN 38025-1527
Elizabeth Ann BrewsterPrincipalRamey Estepp High School2901 W. Pigeon Roost Rd.Rush, KY 41168
William CapehartSuperintendent1104 Bob McCullough DriveAshland, KY 41102
Kimberly S. McCannVanAntwerp, Monge, Jones & Edwards, LLP1544 Winchester Avenue - Fifth FloorAshland, KY 41101
Footnotes
Footnotes
1 As in 04-ORD-173, we identify the child, N.F., by her initials rather than her name in deference to her privacy interests.
2 It is unclear whether Ramey-Estepp High School received Mr. Farmer's September 2 request which was directed to the High School but addressed to the Ramey-Estepp Home, a distinct legal entity. If the High School did not receive Mr. Farmer's request, it cannot be faulted for failure to respond to same per KRS 61.880(1).