Denied: Student rosters, team plans, parent names/addresses
March 11, 2009 Filed in: Denied
| Appealed to
court | Pen Argyl
SD |
Minor ID
info | Performance
reviews
Denied: A request for three
types of records from the Pen Argyl School
District: Student rosters for all classes taught
by a specific teacher during Fall 2008 and Spring
2009; team improvement plans for basketball and
baseball coaches; and the names and addresses for
each parent or guardian with a child attending
school in the district.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request for three types of records from the Pen Argyl School District: Student rosters for all classes taught by a specific teacher during Fall 2008 and Spring 2009; team improvement plans for basketball and baseball coaches; and the names and addresses for each parent or guardian with a child attending school in the district.
These three requests were among 20 types of records requested, most of which were provided by the district.
The Office of Open Records noted that the district failed to send the requester a letter of denial for the other three requests, instead making the denial available with the records provided and awaiting pick up at the district. The OOR advised the district in the future to make sure denials were received in a timely manner.
The Office of Open Records determined that the district was permitted to deny the class roster, under the exception protecting the names of children 17 years of age and younger. Although the requester noted that student names are released on honor rolls, the open records law provides that exempted records may be released at an agency's discretion.
The OOR also agreed with the district that the coach plans could be withheld because they constitute part of a performance review, and that the district also properly withheld parental addresses, as by definition their release would constitute records identifying the home address of a child, which are exempted.
The district was told, however, that it failed to support its assertion that parent names and address could be protected by privacy or safety provisions.
Blasi - Pen Argyl Area School District -- AP 2009-0067
APPEALED TO NORTHAMPTON COUNTY COURT OF COMMON PLEAS: April 13, 2009
Denied: A request for three types of records from the Pen Argyl School District: Student rosters for all classes taught by a specific teacher during Fall 2008 and Spring 2009; team improvement plans for basketball and baseball coaches; and the names and addresses for each parent or guardian with a child attending school in the district.
These three requests were among 20 types of records requested, most of which were provided by the district.
The Office of Open Records noted that the district failed to send the requester a letter of denial for the other three requests, instead making the denial available with the records provided and awaiting pick up at the district. The OOR advised the district in the future to make sure denials were received in a timely manner.
The Office of Open Records determined that the district was permitted to deny the class roster, under the exception protecting the names of children 17 years of age and younger. Although the requester noted that student names are released on honor rolls, the open records law provides that exempted records may be released at an agency's discretion.
The OOR also agreed with the district that the coach plans could be withheld because they constitute part of a performance review, and that the district also properly withheld parental addresses, as by definition their release would constitute records identifying the home address of a child, which are exempted.
The district was told, however, that it failed to support its assertion that parent names and address could be protected by privacy or safety provisions.
Blasi - Pen Argyl Area School District -- AP 2009-0067
APPEALED TO NORTHAMPTON COUNTY COURT OF COMMON PLEAS: April 13, 2009