FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Louise Tonning,  
  Complainant  
  against   Docket #FIC 2005-097

Commissioner, State of Connecticut,

Department of Education,

 
  Respondent September 14, 2005
       

 

The above-captioned matter was heard as a contested case on August 2, 2005, 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 1-200(1), G.S.

 

2.  It is found that, by letter dated February 5, 2005, the complainant requested that the respondent provide her with “copies of the policy and/or decision memoranda and/or other documents that led to the implementation of this change in the [Individualized Education Plan appeal process] policy and procedures of the Bureau of Special Education.”    

 

3.  By letter dated February 26, 2005, and filed with the Commission on March 2, 2005, the complainant alleged that the respondent violated the Freedom of Information Act by denying her copies of the records described in paragraph 2, above. 

 

4.  Section 1-210(a), G.S., provides in relevant part:

 

[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…receive a copy of such records in accordance with section 1-212….

 

5.  Section 1-212(a), G.S., provides in relevant part: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

6.  At the hearing in this matter, the complainant contended that her experience in the Individualized Education Plan appeal process has changed and that therefore, she believed that the respondent should maintain records relative to a change in policy. 

 

7.  At the hearing in this matter, the respondent testified that the policy described in paragraph 2, above, has not changed and that therefore, there are no records responsive to the complainant’s request.  It is found that the respondent does not keep on file or maintain the records described in paragraph 2, above.  It is further found that such records do not exist. 

 

8.  It is concluded that the respondent did not violate 1-210(a) and 1-212(a), G.S., based on the facts and circumstances of this case. 

 

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 September 14, 2005.

 

________________________________

Petrea A. Jones

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:

 

 

Louise Tonning

14 Halsey Drive

Old Greenwich, CT 06870

 

Commissioner, State of Connecticut,

Department of Education

c/o M. J. McCarthy, Esq.

Assistant Attorney General

PO Box 120

55 Elm Street

Hartford, CT 06141-0120

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-097FD/paj/9/20/2005