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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
2019 Ky. App. LEXIS 92 61.872 Public has an interest in the investigatory methods used by its public agencies and to know that a publicly funded university has complied with all federal and state laws, including of the United States Education Amendments of 1972; an investigation into a professor’s sexual abuse of a student is of public interest, not because of the identity of the victim or the details, but because of the interest in seeing universities in compliance with Title IX and allegations dealt with appropriately. 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
Zink v. Commonwealth, Department of Workers' Claims, Labor Cabinet 61.872, 61.878 The Legislature in adopting the open records law clearly intended to grant any member of the public as much right to access to information as the next; the only relevant public interest in disclosure to be considered is the extent to which disclosure would serve the principle purpose of the Open Records Act. Zink v. Department of Workers' Claims, Labor Cabinet, 902 S.W.2d 825, 1994 Ky. App. LEXIS 141 (Ky. Ct. App. 1994). Link
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