25-ORD-037
February 11, 2025
In re: Tanyqua Oliver/Fayette County Public School System
Summary: The Fayette County Public School System (“FCPS”) did not
violate the Open Records Act (“the Act”) when it denied a request
seeking information without describing public records to be inspected.
The Office cannot find FCPS violated the Act when it claims to have
provided all records responsive to a request.
Open Records Decision
Tanyqua Oliver (“Appellant”) submitted a request to FCPS containing two
subparts. The first subpart asked “how many black children has FCPS transferred
to” a particular school without “due process or a hearing” and for “[h]ow many years”
has that been FCPS’s practice. The second subpart asked, for the location of a
particular policy related to hearings held prior to expulsions or suspensions. FCPS
partially granted the request and provided responsive records. The Appellant claimed
FCPS “refused to answer both general questions completely” and initiated this
appeal.
Regarding subpart one of the request, FCPS states the Appellant “sought
information, not records.” The Office agrees. The Appellant asked how many students
were affected by an alleged policy and how long that alleged policy had been in effect.
This portion of the request did not describe public records to be inspected, but rather,
seeks information. See, e.g., 23-ORD-257 (requester asked for “the full names” of
correctional officers on duty at a specific time); 22-ORD-054 (requester asked “who
ordered” a letter to be written, how much the author was paid, and “why” the letter
“was circulated”). The Act does not require public agencies to answer interrogatories
or fulfill requests for information. Rather, it only requires public agencies to produce
public records for inspection. See KRS 61.872(2)(a) (requiring a request to inspect
records to include, inter alia, a description of “the records to be inspected”); Dep’t ofRevenue v. Eifler, 436 S.W.3d 530, 534 (Ky. App. 2013) (“The [Act] does not dictate
that public agencies must gather and supply information not regularly kept as part
of [their] records.”). Accordingly, FCPS did not violate the Act when it denied the
Appellant’s request because it did not describe any public records to be inspected.
Turning to subpart two, FCPS granted the request and provided the Appellant
a copy of “Board Policy 09.12 (Admission and Attendance),” explaining that “a student
who faces charges that may lead to suspension or expulsion but withdraws from
FCPS prior to a hearing on those charges, and subsequently seeks admission [to
FCPS], will be reviewed to determine whether the student will be admitted, and if so,
what conditions may be imposed upon their admission.” The Appellant appealed this
response, claiming FCPS “refused to answer both general questions completely.” The
Office has long held that it cannot resolve factual disputes about whether all records
responsive to a request have been provided, or whether requested records should
contain additional content. See, e.g., 22-ORD-010; 19-ORD-083; 03-ORD-061; OAG
89-81. Accordingly, the Office is unable to find FCPS violated the Act when it
provided what it considered to be all records responsive to the Appellant's request.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#026
Distributed to:
Tanyqua Oliver
Andria Jackson
Demetrus LigginsAlex Garcia