Hier v. Slate Valley Unified Sch. Dist.

• Docket Number: 23-CV-03778
• Decision Date: 04 December 2023
• Citation: 2023 Vt Super 120401
• Parties: Curtis Hier v. Slate Valley Unified School District
• Court: Superior Court of Vermont

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2023 Vt Super 120401

Curtis Hier v. Slate Valley Unified School District

No. 23-CV-03778

Superior Court of Vermont, Civil Division, Rutland Unit

December 4, 2023

Title Motion for Summary Judgment (Motion: 1)

Filer Sean M. Toohey

Filed Date: October 04, 2023

ENTRY REGARDING MOTION

Mary Miles Teachout Superior Judge (Ret.), Specially Assigned

The motion is DENIED.

Petitioner made requests to school administrators for specific forms and other documentation of incidents in which students at the Fair Haven Grade School have been subject to restraint or seclusion. He has exhausted administrative processes and seeks the documents as public records to which he claims entitlement pursuant to Vermont's Access to Public Records Act, 1 V.S.A. §§ 315-320. The Respondent Slate Valley Unified Union School District (hereinafter "District") claims that the documents are exempt from disclosure as "student records" under 1 V.S.A § 317(c)(l 1), and has filed a Motion for Summary Judgment which the Petitioner opposes, claiming the exemption does not apply as he seeks redacted versions only, without student names. Oral argument was heard on November 29, 2023.

Facts

The material facts are not in dispute.^[1] The facts show that Petitioner made an initial request that was later modified and the modified version became the first of three requests seeking certain school records. All were duly appealed and denied by the Superintendent of the District, making them ripe for appeal to this court. Although not presented this way by the parties, the court describes the three requests ripe for adjudication below separately as I, II, and III. The italicized quotations below identify the records sought in the appeal of each request.^[2]

REQUEST I:

8/2/23-Mr Hier sought redacted copies of "4500 forms" submitted from January-April 2021.^[3]

8/4/23-The request was denied in a letter from the attorney for the Slate Valley Unified Union School District stating that "Rule 4500 forms are student records." The letter concluded with ". . .you may appeal this decision to Superintendent Brooke Olsen Farrell as head of agency pursuant to 1 V.S.A. § 318."

8/9/23-Mr. Hier submitted an appeal and an amendment to his request as follows: "I have received information that the AOE received no form 4500s from this school district between January and April 2021. So please provide redacted copies of any 4500 forms filled out by any employee in the school district during that period. Just to clarify, I am requesting all redacted reports of the use of restraint and seclusion from January through April 2021."^[4]

8/11/23-This appeal was denied in a letter from the attorney for the District which concluded with the statement that "you may file suit pursuant to 1 V.S.A. § 319."

REQUESTII (filed prior to the denial of the appeal in Request I)

8/10/23-Mr. Hier initiated a new request: "I am also requesting any documents related to the use of the 'Blue Room' or 'calm down space' or any other such room at FHGS [presumably Fair Haven Grade School] during that period. [January to June 2021].^[5] I am further requesting all documents from FHGS regarding the use of restraint and seclusion from that period."

8/11/23-The request was denied in a letter from the attorney for the District. It stated, in part, "To be clear, the District has 4500 forms from the period requested, but they are exempt under the Public Records Act because Rule 4500 forms detailing instances of restraint or seclusion of students are student records." (Ex. A4)

8/14/23-Mr. Hier's request was amended as follows: "I am broadening my request, in addition to my August 10 request, to see all appropriately redacted documents regarding the use of the 'Blue Room' or any room used for seclusion or to isolate students at FHGS from 2015 to 2022."

8/17/23- The request was denied in a letter from the attorney for the District. It stated, in part, that with "regard to the 'Blue Room' request, the District does not have any records other than the previously requested 4500 forms concerning the restraint and seclusion of students. As previously stated in the denial of your appeal dated August 11, 2023, the Rule 4500 forms are student records, which are exempt from the Vermont Public Records Act, 1 V.S.A. § 317(c)(11)."

The letter concluded by stating that the decision could be appealed to Superintendent "as head of agency pursuant to 1 V.S.A. § 318."

8/18/23-Mr. Hier appealed to the Superintendent. 8/23/23-The Superintendent denied the appeal in an email: "Thank you for the appeal. I deny it."

REQUEST III

8/25/23-Mr Hier directed a request to the Superintendent in an email: "I am requesting redacted restraint and seclusion documents concerning Rebecca Armitage from anytime during her career. Ms. Armitage, as assistant principal, dealt with many students. It would be impossible to identify any of them from the student population at FHGS."

8/30/23-The Superintendent denied the request in an email based on the exemption for student records.

8/30/23-Mr. Hier responded in an email that he was appealing the 8/25/23 request.

9/6/23- The Superintendent denied the appeal and stated, "You may seek further review as set forth in the letters. 1 V.S.A. § 319."

Conclusions of Law

In pursuing the appeal to this court, Mr. Hier wrote "Defendant refused to provide documents relating to Rebecca Armitage and restraint and seclusion incidents at Fair Haven Grade School. . .I am asking. . .to enjoin Defendant to provide requested documents relating to Rebecca Armitatge [sic] and restraint and seclusion incidents at Fair Haven Grade School."

The court interprets this as pursuit of the information in all three appeals, and that the subject of this suit therefore includes the following related to Fair Haven Grade School:

• Redacted 4500 forms filled out by any District employee from January through April 2021

• Any documents relating to the use of the "Blue Room" or any "calm down space" or any room used for seclusion or to isolate students at FHGS from 2015 to 2022

• Any redacted restraint and seclusion documents concerning Rebecca Armitage at any time during her career.

Petitioner has made clear that he agrees to the redaction of any student names from any of the documents. He is also willing to have the court conduct an in camera review and redact additional content from the forms.

The District's position is that all requests are for "student records," and that such records are categorically and wholly exempt from production under the Public Records Act under 1 V.S.A. § 317(c)(11) and further that the forms may not be provided in redacted form with names and other identifying information blacked out.

Legal and administrative _framework

Title 16 of the Vermont Statutes Annotated concerns Education. Part I addresses Administration, and within that Part, Chapter 3 is about the State Board of Education, with Subchapter 1 establishing General Provisions. In that Subchapter, 16 V.S.A. § 164 establishes the General Powers and Duties of the State Board, including rulemaking under Title 3, chapter 25: "Adopt rules pursuant to 3 V.S.A. chapter 25 to carry out the powers and duties of the Board as directed by the General Assembly, within the limitations of legislative intent." 16 V.S.A. § 164 (7).

The State Board has adopted a Series 4500 Rule entitled "Use of Restraint and Seclusion in Schools (4500)," Rule CVR 22-000-036, which became effective August 16, 2011.^[6] Its purposes are to "create and maintain a positive and safe learning environment in schools; promote positive behavioral interventions and supports in schools; and ensure that students are not subjected to inappropriate use of restraint or seclusion." It includes both prohibitions and permissible uses of various forms of restraint and seclusion, which are defined in detail in Section 4502.

Section 4503 is entitled "Reporting the Use of Restraint and Seclusion."

Section 4503.1 requires any person who imposes a restraint or seclusion to report it to the School Administrator: "Any person who imposes a restraint or seclusion shall report its use to the school administrator as soon as possible, but in no event later than the end of the school day of its use."

Section 4503.2 requires the school administrator to provide prompt verbal notice to the student's parents and also written notice with specified content within 24 hours.

Sections 4503.3 and 4503.4 specify particular circumstances in which reports are required to be provided by the school administrator to the superintendent, and by the superintendent to the Commissioner of the Department of Education.

Section 4505 is entitled "Documentation." It provides in full as follows (shown in italics):

Each school shall maintain written records of each use of restraint and seclusion. The records shall be maintained by the school administrator and shall include the following:

a. The name, age, gender and grade of the student; b. The date, time and duration of the restraint or seclusion;

c. Any injuries, death or hospitalization to student or staff resulting from the use of restraint or seclusion;

d. The location where the restraint or seclusion occurred;

e. The precipitating event[s] leading up to the restraint or seclusion;

f. A list of school personnel who participated in the application, monitoring and supervision of the student while restrained or secluded;

g. The type of restraint or seclusion used;

h. The reason for the restraint or seclusion;

i. A description of all the interventions used prior to the application of the restraint or seclusion;

j. Whether the student has a behavioral intervention plan and/or individualized education plan, Section 504 plan or educational

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