Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Science Hill Elementary School did not violate the Open Records Act in denying Marvin Phipps' August 3, 2006, request for information and records relating to a named student. 1 Mr. Phipps does not present any legal certification denoting parenthood, nor does he claim to be the named student's father. This being the case, we find that the Family Educational Rights and Privacy Act, and in particular, 20 U.S.C. § 1232g(b)(1) precludes the school from releasing the requested information and records to Mr. Phipps. We believe that 00-ORD-148 and 04-ORD-173, copies of which are attached hereto and incorporated by reference, are dispositive of the issue on appeal. Because Mr. Phipps is not the named child's father, he is foreclosed from reviewing her education records and the Science Hill Elementary School properly denied his request.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Marvin Phipps, # 176844-E-125-ULittle Sandy Correctional ComplexRoute # 5, Box 1000Sandy Hook, KY 41171
Michelle Harville, PrincipalScience Hill Elementary School6007 N. Hwy. 27Science Hill, KY 42553
Rick Walker, SuperintendentScience Hill Independent Schools6007 N. Hwy. 27Science Hill, KY 42553
Arden Huff48 N. Public SquareSomerset, KY 42502
Footnotes
Footnotes
1 That student was identified by name, but we omit her name in deference to her privacy interests.