Title: Request for Florida Attorney General Opinion

Recommendation:
I recommend that the Board direct and approve that the Chief Counsel to the School Board request a formal Opinion from the Florida Attorney General as to formulating a response to an August 11, 2005 public records request which seeks student information and authorize the Chief Counsel to execute all related documents.

Description:

• On August 11, 2005, the District received a public records request under Fla. Stat. Sec. 119.011 for documents showing the complaints and final disposition, including settlement, of lawsuits brought by students or parents against the District alleging physical or sexual abuse by a School District employee.
• The District has responded to the request providing very general statistical information without any names or identifying information of the student or lawsuit.  This response was in conformance with our interpretation of what is allowed by Florida case law.  The District offered to provide a more detailed summary for a special service charge, consistent with School Board Policy 2.041 and the Public Records Act (which allow the District to charge for extensive use of District personnel or technology resources when preparing documents in response to a public records request).
• Based on its interpretation of current law, the District has asserted that the requested documents constitute confidential and exempt student records which are entitled to privacy protection and that it is thus precluded from providing additional information, even in redacted form.
• The requestor’s counsel concedes that the documents are student records, but has indicated that other school districts have provided to the requestor the requested information, and he believes a more recent judicial opinion creates an exception that should impliedly be applicable to this situation. Thus, he has asked the District to request an Attorney General’s Opinion on this issue.
• Pursuant to the Florida Attorney General’s policies, the School Board is the entity that must vote to approve the request for an Attorney General’s Opinion.
• In an effort to avoid litigation over this issue, the Chief Counsel’s office has recommended that an Attorney General’s Opinion be sought in this matter.
• If approved the Chief Counsel’s office will prepare and submit the request for the Opinion.  If the Attorney General agrees with the requestor, the District will release the records in redacted form.

Financial Impact:
There is no financial impact to the District.

For Additional Information, contact:

Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)

Bruce A. Harris, Esq.