In the Matter of a Complaint by FINAL DECISION


Carrie W. Gordon and Success Programs,




against Docket #FIC 88‑253


Danbury Superintendent of Schools,


Respondent October 12, 1988


The above‑captioned matter was heard as a contested case on August 17, 1988, at which time the complainants 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:


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


2. By letter dated May 26, 1988 the complainants made a request of the respondent for a list of parents of tenth and eleventh grade students in the respondent's school system.


3. The respondent failed to provide the requested records.


4. By letter of complaint filed with the Commission on June 27, 1988 the complainants appealed the respondent's failure to provide the requested records.


5. At hearing, the complainants clarified their request by stating that they were seeking the names and addresses of parents of tenth and eleventh grade students.


6. Also at hearing the complainants stipulated that they were not seeking the names or addresses of parents of handicapped or special education students.


7. It is found that information maintained by the Danbury school system includes each student's name and home address, the name of the parent or guardian with whom each student lives, and the names and occupations of the parents or guardian.


Docket #FIC 88‑253 Page Two


8. It is further found that the records maintained by the Danbury school system, with the exception of those maintained by the special education department, do not specifically identify parents' addresses. Mailings from the school system are sent "to the parents of," followed by each student's name and address.


9. It is concluded that the respondent does not maintain a list such as was requested by the complainants.


10. It is further concluded that the respondent did not violate 1‑15 or 1‑19(a), G.S. when he failed to provide the complainants with a list of the names and addresses of parents of tenth and eleventh grade students.


11. Based on the above conclusion, the Commission does not need to address other claims of the respondent regarding the disclosability of the information requested.


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 special meeting of October 12, 1988.



Catherine H. Lynch

Acting Clerk of the Commission