FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Marvin B. Edelman, |
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Complainant |
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against |
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Docket #FIC
1999-408 |
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Superintendent of Schools, Windham
Public |
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Respondents |
March 22, 2000 |
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The
above-captioned matter was heard as a contested case on November 4, 1999, at
which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1),
G.S., [formerly §1-18a(1),
G.S.].
2.
By letter of complaint dated September 5, 1999 and filed on September
22, 1999, the complainant appealed to the Commission, alleging that the
respondents violated the Freedom of Information (“FOI”) Act by denying him
access to inspect the lesson plans and final examinations for the following courses
offered at Windham High School, (hereinafter “requested record”):
a. Introduction to Social Science 1, Geography, Semester II;
b.
Introduction to Social Science, Geography Level II, Semester II;
c.
Heroes of History, Level I;
d.
United States History, Level III, Semester I and II; and
e.
World History I, Level II and III
3.
It is found that by letter dated August 13, 1999, the complainant
requested that the respondents provide him access to inspect the requested
records.
4.
At the hearing on this matter, the complainant withdrew his complaint
with respect to the request for final examinations.
Consequently, the only records at issue are the lesson plans.
5.
Section 1-200(5), G.S. [formerly §1-18a(5),
G.S.] defines public records to mean “[a]ny recorded data or information
relating to the conduct of the public's business prepared, owned, used,
received or retained by a public agency, whether such data or information be
handwritten, typed, tape-recorded, printed, photostated, photographed or
recorded by any other method.”
6.
Section 1-210(a), [formerly §1-19(a),
G.S.] further provides:
Except 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 or to receive a copy of such records in accordance
with the provisions of section 1-212. Any
agency rule or regulation, or part thereof, that conflicts with the provisions
of this subsection or diminishes or curtails in any way the rights granted by
this subsection shall be void.
7.
It is found that the requested lesson plans are not “records
maintained or kept on file” by the respondent or by any public agency,
within the meaning of §1-210(a),
G.S. [formerly §1-19(a),
G.S.].
8.
It is also found that the requested lesson plans are not “prepared,
owned, used, received or retained” by the respondents, within the meaning of
§1-200(5),
G.S. [formerly §1-18a(5),
G.S.].
9.
Further, it is also found that a lesson plan is a method used by a
teacher to implement a curriculum.
10.
Finally, it is found that the respondents have provided the complainant
with hundreds of pages of curriculum descriptions, which records are
responsive to his request.
11.
It is therefore, concluded that the respondents did not violate the FOI
Act as alleged in the complaint.
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
March 22, 2000.
_________________________
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:
Marvin B. Edelman
202 Scotland
Road
Windham
Center, CT 06280
Superintendent of Schools, Windham
Public Schools; and Board of Education, Windham
Public Schools
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-408FD/mrb/03/23/00