Medley v. Board of Educ., of Shelby County
| Decision Date | 17 August 2005 |
| Docket Number | No. 2003-CA-001515-MR.,2003-CA-001515-MR. |
| Parties | Debbie MEDLEY, Appellant, v. BOARD OF EDUCATION of SHELBY COUNTY; and Dr. Leon Mooneyhan, in His Official Capacity as Custodian of Records for the Shelby County Public Schools, Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
John Frith Stewart, Stephen C. Emery, Louisville, KY, for appellant.
Robert L. Chenoweth, John C. Fogle, III, Frankfort, KY, for appellee.
Before MINTON, SCHRODER, and TAYLOR, Judges.
The Family Educational Rights and Privacy Act ("FERPA")1 and the Kentucky Family Educational Rights and Privacy Act ("KFERPA")2 permit education records otherwise shielded from open records3 disclosure to be made available to teachers with a legitimate educational interest in them. Debbie Medley is a classroom teacher who made an open records request to view videotape recordings of her own classroom. Her request was denied, assumedly on the basis that Medley did not have a legitimate educational interest in viewing the videotapes. On appeal, we hold there was not substantial evidence to support the circuit court's findings regarding the legitimacy of Medley's interest. Therefore, we are compelled to reverse and remand for a hearing to determine whether Medley had a legitimate educational interest as defined by FERPA and KFERPA.
Medley is a certified, tenured teacher with the Shelby County Public School system. She teaches special education students in classroom 120 at Shelby County High School. After students in Medley's classroom complained she had treated them inappropriately, cameras were installed in classroom 120 to monitor her performance. The installation of the cameras was not challenged by Medley.
On April 16, 2002, Medley made an open records request to the principal of Shelby County High School to view "any and all video tapes that have been made of classroom 120 of Shelby County High School."4 Medley's stated basis for the request was her belief the tapes would be a valuable resource "to use to evaluate [her] performance, as a teacher, as well as the management of [her] classroom."5
Medley's letter was forwarded to Dr. Leon Mooneyhan, Superintendent of Shelby County Public Schools. In a letter sent through counsel, Mooneyhan denied Medley's request. The letter stated the tapes constituted "education records," and were, therefore, exempted from release pursuant to KRS 61.878(1)(k) and 61.878(1)(l). Mooneyhan's denial claimed FERPA and KFERPA prohibited the release of the videotapes to Medley.
Medley requested the Attorney General review Mooneyhan's decision. The Attorney General affirmed the decision, and Medley appealed to the Shelby Circuit Court. In its review, the court agreed the disputed tapes were education records within the scope of FERPA and KFERPA. The court also agreed with the Attorney General that the application of the Open Records Act in this case "turns not upon the identity of the requesting party or her stated interest in the records, but rather on the nature of the records at issue." The court disregarded Medley's status as a teacher and her purported interest in viewing the videotapes and held that since the tapes were "education records" as defined by federal and state law, they were exempt from disclosure under the Open Records Act. Therefore, the court affirmed the Attorney General's decision, and held the Shelby County Public Schools could not be compelled to release the videotapes to Medley. This appeal follows.
Medley first argues her request is not exempted by the Open Records Act.6 Specifically, Medley argues she fits within an exception that permits teachers to inspect education records.
We note at the outset that the circuit court's review of an Attorney General's opinion is de novo.7 As such, we review the circuit court's opinion as we would the decision of a trial court. Questions of law are reviewed anew by this Court.8 When there are questions of fact, or mixed questions of law and fact, we review the circuit court's decision pursuant to the clearly erroneous standard.9 Under this standard, this Court will only set aside the findings of fact of the circuit court if those findings are clearly erroneous. The dispositive question is whether the findings are supported by "substantial evidence."10 "Substantial evidence" is evidence "that a reasonable mind would accept as adequate to support a conclusion," and evidence that, when "taken alone or in the light of all the evidence, ... has sufficient probative value to induce conviction in the minds of reasonable men."11
We also note that although this Court is not bound by the opinions of the Attorney General, "they have been considered `highly persuasive.'"12 This Court will "give great weight to the reasoning and opinion expressed [by the Attorney General]."13
The Open Records Act states, "[u]pon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of KRS 61.878."14 The "basic policy" of the Act is that "free and open examination of public records is in the public interest...."15 The burden is on the public agency opposing disclosure to establish that a record is exempt from release.16
In affirming the Attorney General's denial of Medley's request, the court specifically cited to KRS 61.878(1)(k) and 61.878(1)(l). KRS 61.878(1)(k) states records are excluded from an open records request when federal law or regulation prohibits disclosure of the record. Similarly, KRS 61.878(1)(l) states records need not be disclosed when such disclosure is prohibited, restricted, or made confidential by an act of the General Assembly. With regards to the exemptions listed in KRS 61.878, the General Assembly has specifically dictated that they "shall be strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others."17
Both the Attorney General and the circuit court cited to FERPA and KFERPA in support of the opinion that disclosure of the videotapes was prohibited. FERPA generally states that funds will not be made available to educational institutions that deny or prevent parents of students in attendance at the school access to the student's education records.18 FERPA further states funds will not be made available to educational institutions that release the education records of students to third parties without the express written consent of that student's parents. Certain third parties are exempt from this rule, such as:
other school officials, including teachers within the educational institution ... who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required;19
And the pertinent section of KFERPA likewise states:
Educational institutions shall not permit the release or disclosure of records, reports, or identifiable information on students to third parties ... without parental or eligible student consent except to:
(a) Other school officials, including teachers, with legitimate education interests and purposes.20
The term "education records" is defined by FERPA as "those records that are (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution."21 For purposes of KFERPA, the term is defined as "data and information directly relating to a student that is collected or maintained by educational institutions or by a person acting for an institution...."22
Although both FERPA and KFERPA contain an exception to the rule against disclosure of education records when a teacher with a legitimate educational interest requests the record, neither the Attorney General nor the circuit court found that Medley fell within this exception. Rather, both opinions cited to Zink v. Com., Dept. of Workers' Claims, Labor Cabinet23 for the proposition that the analysis should turn not on Medley's status as a teacher but, rather, "on the nature of the records requested."24
In Zink, an attorney was denied access to records of the Department of Workers' Claims. The requested records, employer injury reports, included detailed personal information concerning injured employees.25 The Court affirmed the decision to deny Zink access to the records, holding that to do so would violate the privacy interests of the employees. The Court stated the decision was not based upon Zink's position as an attorney but, rather, that the outcome would have been the same regardless of who had made the request.26
Citing to the Court's rationale in Zink, the Attorney General in this case stated, "[u]nder an Open Records Act analysis, Ms. Medley is treated as a member of the public whose access to the disputed records is foreclosed by state and federal law."27 Therefore, both the Attorney General and the circuit court held that Medley should be treated as "a member of the public," rather than as a teacher. Since members of the public are generally prohibited by FERPA and KFERPA from viewing education records, Medley was denied access to the videotapes.
The Attorney General and the circuit court also cited to the Attorney General's opinion in 99-ORD-217 in support of the decision to prohibit Medley from viewing the tapes. In that case, a parent made a request to the Bell County School System to view videotapes used to monitor student activities aboard a school bus. The request was denied. The Attorney General held videotapes used to record conduct on a school bus were "education records" within the meaning of FERPA and KFERPA. Accordingly, the parent was prohibited from viewing the videotapes since the recording would necessarily reveal the identities of students other...
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