FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Richard J. Hardy,
Complainant
against Docket #FIC 90-66
Chairperson, Farmington Board of Education,
Respondent July 9, 1990
The above-captioned matter was heard as a contested case on March 19, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter to the respondent dated February 20, 1990, the complainant requested information regarding his son.
3. Specifically, the following information is what the complainant sought from the respondent:
(a). a list of all of his son's eighth grade teachers, including substitute teachers, and the dates when he had each of the teachers, (hereinafter "teachers");
(b). the cost of the respondent's legal fees for defense counsel at an earlier Farmington Board of Education hearing involving the complainant, (hereinafter "fees);
(c). copies of all of his son's educational records, special education records (from March of 1989 through March 1, 1990), health records, and other records or files regarding his son, (hereinafter "records");
(d). details of the specific circumstances, dates and persons involved in the situation which prompted a memorandum on or about October 2, 1989, concerning his son, (hereinafter "memo");
Docket #FIC 90-66 Page 2
(e). a copy of, or information regarding the test which was a basis for a document containing a statement that his son posesses a 97% proficiency rate in spelling, (hereinafter "spelling statement");
(f). his son's ISSIS identification number, and copies of all tests and test results which were performed as part of his son's ISSIS evaluation, (hereinafter "ISSIS information"), which is a method by which schools get information from the State concerning a child's special education status, special education program placement, and information regarding the length of the child's participation in a special education program;
(g). a list of all hearings, mediations, and administrative reviews pertaining to the respondent's provision of special education services for the last nine years, (hereinafter "hearings"); and
(h). a record of his son's visits or sessions with a social worker from August of 1989 through January 16, 1990, (hereinafter "sessions").
4. By letter of complaint dated February 28, 1990, and filed with this Commission on March 1, 1990, the complainant alleged that the respondent failed to adequately respond to his request.
5. The respondent maintains that either the information has been provided, it does not exist, or it does not presently exist in the form requested.
6. The respondent claims that:
(a). A copy of the list was provided to the complainant as it exists.
(b). All records pertaining to the child have been provided.
(c). The basis for the spelling statement was probably a weekly test. However, no compilation of weekly tests or test results exists, unless such information is contained in the Planning and Placement Team minutes which are provided to parents on a weekly basis.
Docket #FIC90-66 Page 3
(d). On or about October 24, 1989 a letter was sent to the complainant which contained all available ISSIS information regarding his son.
(e). No listing of hearings exists.
(f). There is no document which exists which contains information about the number of sessions a student has with a social worker.
7. It is found that the requested information is a public record within the meaning of 1-18a(d), G. S, and not exempt from disclosure in this case.
8. It is found that the documentation specified in paragraphs 3(b) and 3(d) of the findings above was not addressed at the hearing on this matter. However, the items identified in paragraphs 3(b) and 3(d) were among the records requested by the complainant in his letter to the respondent dated February 20, 1990.
9. It is found that the respondent failed to prove that the information requested in paragraphs 3(b) and 3(d) of the findings above have either been provided to the complainant, or do not exist in the form of recorded data.
10. It is also concluded that the following records are found not to exist:
(a). a list of teachers as they relate to the complainant's son;
(b). a record of the basis for the spelling statement;
(c). a list of hearings;
(d). a record of the number of sessions the complainant's son had with a social worker.
Docket #FIC 90-66 Page 4
11. It is found, however, that the respondent should have responded to the complainant's request by either furnishing the documents which were responsive to the request, or informing the complainant of each instance where the documents requested were nonexistent or unavailable in the form requested.
12. It is therefore concluded that the complainant did not receive either prompt or complete compliance with his request as required by 1-15 and 1-19(a), G. S.
The following order by the Commission is hereby recommended
on the basis of the record concerning the above captioned complaint:
1. Henceforth the respondent shall act in strict compliance with 1-15 and 1-19(a), G. S.
2. The respondent shall forthwith provide the complainant with either a copy of the information contained in paragrahs 3(b) and 3(d) of the findings above, or, in lieu thereof, an affidavit that the requested information does not exist.
Approved by order of the Freedom of Information Commission at its special meeting of July 9, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-66 Page 5
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
RICHARD J. HARDY
38 Woodside Drive
Unionville, CT 06085
CHAIRPERSON, FARMINGTON BOARD OF EDUCATION
c/o Palmer S. McGee, Jr., Esq.
Day, Berry & Howard
CityPlace
185 Asylum Street
Hartford, CT 06103
Tina C. Frappier
Acting Clerk of the Commission