Bowie v. Evanston Community Consol. School Dist. No. 65, 67171

• Citation: 128 Ill.2d 373,538 N.E.2d 557,131 Ill.Dec. 182
• Decision Date: 20 April 1989
• Docket Number: No. 67171,67171
• Parties: , 131 Ill.Dec. 182, 53 Ed. Law Rep. 952 Cheryl BOWIE et al., Appellees, v. EVANSTON COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 65 et al., Appellants.
• Court: Supreme Court of Illinois

Page 557

538 N.E.2d 557

128 Ill.2d 373, 131 Ill.Dec. 182, 53

Ed. Law Rep. 952

Cheryl BOWIE et al., Appellees, v. EVANSTON COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 65 et al., Appellants.

No. 67171.

Supreme Court of Illinois.

April 20, 1989.

John A. Relias, Lawrence J. Casazza and Charles P. Rose, Chicago (Vedder, Price, Kaufman & Kammholz, of counsel), for appellants.

David T. Erie, Chicago, for appellees.

Chief Justice THOMAS J. MORAN delivered the opinion of the court:

Plaintiffs, Cheryl Bowie, James Roberts and Vanessa Gray, filed suit for declaratory judgment and injunctive relief in the circuit court of Cook County against defendants, Evanston Community Consolidated School District No. 65 (district) and Eugene Mulcahy, the district superintendent (superintendent), pursuant to the Freedom of Information Act (FOIA) (Ill.Rev.Stat.1985, ch. 116, par. 201 et seq.).

Plaintiffs, parents of students attending the district's schools, sought the disclosure of standardized California Achievement Test (test) scores for students from certain years, grades and schools within the district and a list of education programs available in those schools. The trial court granted defendants' motion to dismiss the complaint pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Ill.Rev.Stat.1985, ch. 110, par. 2-619(a)(9)). Plaintiffs appealed and the appellate court reversed and remanded, finding that the district had a "duty to mask [i.e., delete] all information other than that requested which would allow the identification of the students." (168 Ill.App.3d 101, 107, 119 Ill.Dec. 7, 522 N.E.2d 669.) This court allowed defendants' petition for leave to appeal under Rule 315 (107 Ill.2d R. 315).

The issue to be determined is whether masked and scrambled test score records, which do not identify individual students, are subject to disclosure under the FOIA.

On February 21, 1986, plaintiffs submitted a FOIA request to the district. Plaintiffs sought test score information of students from 1982 through 1986 school years for second, third and fifth grade students in eight elementary schools, for sixth and eighth grade students in three middle schools, and for second, third, fifth, sixth and eighth grade students in an experimental school. The test scores were requested for 11 testing categories (e.g., reading, spelling, language, mathematics, etc.) and were to designate the race of the students tested. The names or sex of the students were not requested. A list of the educational programs available at the schools was also requested.

Then-superintendent Dr. Robert Campbell denied the request on March 4, 1986, asserting the privacy protections of the FOIA and the Illinois School Student Records Act (Act) (Ill.Rev.Stat.1985, ch. 122, par. 50-1 et seq.). Plaintiffs appealed this denial to Dr. Mulcahy, the new superintendent of schools. The superintendent denied the appeal on July 3, 1986. The superintendent later met with plaintiffs and their attorney and said he would try to release the test scores by school and race. However, the superintendent did not disclose the information despite further requests by the plaintiffs.

Plaintiffs filed their complaint in the circuit court of Cook County on August 22, 1986. On September 22, 1986, the district released to the public a 46-page report summarizing the 1985-86 students' performance on the test by school, grade and race, but not the individual scores of the students. The district then filed a motion to dismiss the complaint arguing that the test scores requested in the complaint were exempt from disclosure under sections 7(a) and (b) of the FOIA (Ill.Rev.Stat.1985, ch. 116, par. 207(a), (b)), and that even if the requested data were masked and scrambled, disclosure was prohibited under the Act, which, in part, protects the privacy rights of students. Ill.Rev.Stat.1985, ch. 122, par. 50-1 et seq.

The trial court granted defendants' motion to dismiss, relying on two grounds: (1) production of the test scores would violate the students' privacy rights, and (2) the district's release of the September 22, 1986, status report supplied plaintiffs with "sufficient information" to satisfy their FOIA request. On appeal, the appellate court reversed.

The district asserts two reasons why it should not be required to produce the requested information in a masked and scrambled format: the information is exempt from disclosure under the Act, as well as the FOIA, and to produce the information would require it to "create a new, non-exempt record from an otherwise exempt record." The district also contends that, should we affirm the decision of the appellate court, the case should be remanded to the trial court for a determination of whether compliance with the plaintiffs' request would be "unduly burdensome." Plaintiffs argue that the appellate court did not err in holding that neither the Act nor the FOIA prohibits the disclosure of the test score information in a masked and scrambled format. Plaintiffs also assert that the release of the information would not result in the creation of a new record and compliance by the district would not be "unduly burdensome."

The purpose of the FOIA is to open governmental records to the light of public scrutiny. (Ill.Rev.Stat.1985, ch. 116, par. 201 et seq.; see also, e.g., Family Life League v. Department of Public Aid (1986), 112 Ill.2d 449, 98 Ill.Dec. 33, 493 N.E.2d 1054 (interpreting the Illinois State Records Act).) Freedom of information fosters governmental accountability and an informed citizenry.

The public policy of this State encourages a free flow and disclosure of information between government and the people. The FOIA is to be given a liberal construction to achieve this goal. (Ill.Rev.Stat.1985, ch. 116, par. 201.) There is a presumption that public records are open and accessible. (Ill.Rev.Stat.1985, ch. 116, par. 211(e).) The flow of information, however, is not left unchanneled. Among other concerns, the court must be vigilant against invasions of privacy and interfering with the functions of government by imposing reporting requirements not otherwise authorized, but exceptions to disclosure are to be read narrowly. Ill.Rev.Stat.1985, ch. 116, par. 201.

The requested test score information is subject to the Act, and we are thus presented with the provisions of the FOIA and its interplay with the Act. The Act defines "school student record" to mean any writing or other recorded information concerning a student by which a student may be individually identified. (Ill.Rev.Stat.1985, ch. 122, par. 50-2(d).) Under the Act, access to a school student record is limited and, unless a person qualifies for its release under one of several exceptions, access will be denied. Ill.Rev.Stat.1985, ch. 122, par. 50-6.

The district argues that there is a conflict between the broad disclosure guarantees of the FOIA and the Act's limitations on disclosure. The district claims that it need not disclose the test score information. To do so, it argues, would run afoul of the Act because the requested records contain individual student identifying information. Plaintiffs argue that the production of masked and scrambled test records will not invade student privacy interests.

We agree with the plaintiffs. The Act prohibits the disclosure of a school student record whereby a student may be individually identified. A masked record, which deletes individual identifying information, does not fall within the definition of a school student record, and is not prohibited from disclosure under the Act. (Human Rights Authority of the State of Illinois Guardianship & Advocacy Comm'n v. Miller (1984), 124 Ill.App.3d 701, 704, 79 Ill.Dec. 929, 464 N.E.2d 833. See also Kryston v. Board of Education, East Ramapo Central School District (1980), 77 A.D.2d 896, 896-97, 430 N.Y.S.2d 688, 689.) Accordingly, the requested records may be disclosed under the Act.

Nonetheless, the district contends that if the legislature intended that individual student records be released after redacting individual identifying information it would have so provided; because it did not, the Act should not be read to allow disclosure of any part of a school student record without parental consent.

We find this contention to be without merit. Section 6(a)(4) of the Act, for example, provides access to school student records to any person for the purpose of research, statistical reporting or planning, provided that no student or parent can be identified from the information released. (Ill.Rev.Stat.1985, ch. 122, par. 50-6(a)(4).) No parental consent is required.

The district also asserts that the requested data, even if masked and scrambled, are exempt under sections 7(a) and (b) of the FOIA (Ill.Rev.Stat.1985, ch. 116, pars. 207(a), (b)). Section 7(a) applies to information specifically prohibited from disclosure under another law. Section 7(b) prevents the disclosure of information which would result in a clearly unwarranted invasion of personal privacy.

As already noted, the Act does not prohibit the disclosure of a masked and scrambled record. The district asserts no other statutory or regulatory bar to the disclosure of a masked and scrambled record. Consequently, we find that the section 7(a) exemption does not apply in this case.

The district next argues that the requested records, under section 7(b), contain exempt information which if disclosed would constitute an unwarranted invasion of privacy and, therefore, it need not disclose the records. Under section 8 of the FOIA, a public body, such as the district, that maintains a record with both exempt and nonexempt data must separate the exempt matter and disclose the nonexempt record. (Ill.Rev.Stat.1985, ch. 116, par. 208.) The mere presence or commingling of exempt material does not prevent the district from releasing the nonexempt portion of the record.

The district keeps the test records using a single...