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Cited Statutes Annotation
2019 Ky. App. LEXIS 92 61.871, 61.872, 61.878, 61.870 Family Educational Rights and Privacy Act (FERPA) did not bar a university from releasing to a newspaper all records sought under the Open Records Act because, while FERPA barred release of unredacted education records contained in a Title IX investigation file, not all the records sought were education records directly relating to a student.  Kernel Press, Inc. v. Univ. of Ky., 2019 Ky. App. LEXIS 92 (Ky. Ct. App. May 17, 2019, sub. op., 2019 Ky. App. Unpub. LEXIS 905 (Ky. Ct. App. May 17, 2019). Link
Courier-Journal v. Jones 61.870 KRS 61.878 exempts Governor’s daily appointment ledgers from media inspection and summary judgment denying their availability to newspaper under the Open Records Act was appropriate. Courier-Journal v. Jones, 895 S.W.2d 6, 1995 Ky. App. LEXIS 58 (Ky. Ct. App. 1995). Link
Ex Parte Farley 61.870 Due process does not require an appellate court to lay out for inspection by the appellant, even in a capital case, all of the information in its hands from which it may seek perspective and guidance in reviewing the propriety of his sentence. Ex parte Farley, 570 S.W.2d 617, 1978 Ky. LEXIS 390 (Ky. 1978). Link
Ex Parte Farley 61.870 The custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to statutory regulation. Ex parte Farley, 570 S.W.2d 617, 1978 Ky. LEXIS 390 (Ky. 1978). Link
Ex Parte Farley 61.870 The materials compiled for purposes of reviewing death sentences will be open to the public and, perforce, to all who may be interested, as soon as the Supreme Court has the occasion and opportunity to examine and consider them, and until then they are in the same category as any other source of knowledge or information, apart from the record of proceedings relating to an individual appellant, from which the members of the court may properly seek assistance or inspiration in the formulation of their judgments. Ex parte Farley, 570 S.W.2d 617, 1978 Ky. LEXIS 390 (Ky. 1978). Link
Hardin County v. Valentine 61.870 Medical records of patients in public hospital were not related to the functioning of the hospital, the activities carried on by the hospital, its programs or its operations and, as such, were not public records under this section. Hardin County v. Valentine, 894 S.W.2d 151, 1995 Ky. App. LEXIS 48 (Ky. Ct. App. 1995). Link
University of Kentucky v. Courier-Journal 61.878, 61.870 State university’s response to inquiry by collegiate athletic association into rules violation was not exempt from disclosure under Open Records Act exemption for public records. It is clear that the university is a “public agency” and the entire response submitted by the university to the National Collegiate Athletic Association (NCAA) constitutes a public record. Where the university spent over $400,000.00 for the response and the public has a legitimate interest in its contents, the response is not exempt. Furthermore, the contents of the response are a matter of public interest and release would not constitute a clearly unwarranted invasion of personal privacy. University of Kentucky v. Courier-Journal & Louisville Times Co., 830 S.W.2d 373, 1992 Ky. LEXIS 55 (Ky. 1992). Link
University of Kentucky v. Courier-Journal 61.870 Any common law regarding access to records maintained by public agencies was codified and preempted by the General Assembly’s passage of the Open Records Act. University of Kentucky v. Courier-Journal & Louisville Times Co., 830 S.W.2d 373, 1992 Ky. LEXIS 55 (Ky. 1992). Link
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