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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Marvin
B. Edelman, |
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Complainants |
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against |
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Docket
#FIC 1999-251 |
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Superintendent
of Schools, Windham Public |
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Respondents |
December
8, 1999 |
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The above-captioned matter was heard as a contested
case on July 21, 1999, at which time the complainant and the respondents
appeared, 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 respondents are
public agencies within the meaning of §1-200(1),
G.S. [formerly §1-18a(1),
G.S.].
2.
By letters both dated
May 10, 1999, the complainant requested access to inspect:
a.
“the academic
achievement recorded in the appropriate grade-level state mastery tests and in
in-district tests in English language competency in speaking and writing, and
reading and core subject areas” for the transitional bilingual education
program and the dual language program (Campaneros) for each year of their
existence, and for each grade level;
b.
“the test scores
recorded on identical state mastery tests and in in-district tests, in the
same year and at the same grade level by:
1.
students whose
families predominantly speak Spanish and are not enrolled in either bilingual
program;
2.
students whose
families predominately speak neither Spanish nor English and are not enrolled
in either bilingual program;
3. students whose families’ predominant home language is
assumed to be English and are not enrolled in either bilingual program”;
c. and “the listing of the amount of local, state and federal
moneys that have been allocated annually for each program.”
3. By letter dated and filed on May 26, 1999, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to respond to his May 10, 1999 requests.
4. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part that:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours. . . .
5.
It is found that, to
the extent records exist that are responsive to the complainant’s requests,
such records are public records within the meaning of §1-210(a),
G.S. [formerly §1-19(a),
G.S.].
6.
It is found that on
or about May 28, 1999, the respondents contacted the complainant and scheduled
a meeting with him for June 11, 1999 in order to discuss the complainant’s
May 10, 1999 requests.
7.
At the hearing on
this matter, the respondents maintained that the meeting described in
paragraph 6, above, was necessary in order to determine exactly which records
the complainant wanted to inspect because his letter was not clear and because
he had previously asked for records pertaining to the bilingual programs which
records had been provided to him.
8.
It is found that at
the June 11, 1999 meeting the respondents provided the complainant with access
to all records in both the school and district files pertaining to his
requests regarding the bilingual education programs and that no other records
responsive his request exist.
9.
It is concluded that,
under the facts and circumstances of this case, the respondents did not
violate the FOI Act with respect to the complainant’s requests.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint.
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of
December 8, 1999.
_________________________
Melanie R. Balfour
Acting Clerk of the Commission
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:
202 Scotland Road
Windham Center, CT 06280
Superintendent
of Schools, Windham Public Schools; and Board of Education, Windham
c/o Atty. Jennifer B. Majewski
Shipman & Goodwin
One American Row
Hartford, CT 06103
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-251/FD/mrb/
12/20/1999