In the Matter of a Complaint by FINAL DECISION


Carrie W. Gordon and Success Programs,




against Docket #FIC 88-227


Superintendent of Bethel Public Schools,


Respondent October 12, 1988


The above-captioned matter was heard as a contested case on August 4, 1988, at which time the parties appeared and presented evidence and argument on the complaint.


After consideration of the entire record, the following facts are found.


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter dated May 26, 1988, the complainant Gordon requested the respondent provide her with a list of the parents of tenth and eleventh grade students.


3. By letter dated June 6, 1988, the respondent denied the request of the complainant Gordon.


4. It is found that the complainant Gordon seeks the list of parents so that she can send them advertising for the educational programs provided by her firm, the complainant Success Programs.


5. It is found that the respondent has no list of the parents of its tenth and eleventh grade students.


6. It is found that the respondent does have a list of students and student addresses.


7. The complainant Gordon argues that the list of parents could be provided by deleting the first names of the students from the list containing directory information for students.


8. It is found that if the students' first names were deleted, the list would not necessarily contain the parents names because parents may have names different from their children, and because some children may live with their legal guardians, or with foster families.


Docket #FIC 88-227 page two


9. It is found, further, that disclosure of the list with the first names of the students deleted would be tantamount to disclosure of the students' names and addresses.

10. It is concluded that the respondent may withhold the list with directory information for tenth and eleventh grade students because such information is exempt from disclosure under 1-19(b)(ll), G.S.


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.


2. The respondent is urged to consider whether the parents and guardians of the students under eighteen, and the students over eighteen years of age, in the tenth and eleventh grades, might benefit by being given an opportunity to consent to have their directory information given to Success Programs pursuant to 1-19(b)(ll), G.S., so that they could have an opportunity to consider the educational programs offered by the complainants.


Approved by order of the Freedom of Information Commission at its special meeting of October 12, 1988.


Catherine H. Lynch

Acting Clerk of the Commission