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Mon March 30, 2009
Student Denied Records Request
By Tony McVeigh
Frankfort, KY – In February, Esther Bays sought records connected with a grievance she filed against Maysville Community and Technical College. Specifically, she wanted a blank copy of all written exams and the final exam administered in the Nursing 203 class last fall. She also wanted notes from an interview conducted on her Student Discrimination Grievance.
When the college refused both under the Open Records Act, Bays appealed. But the attorney general's office is upholding the refusals, saying the test questions could be used again and the investigation notes are preliminary.
However, the AG's office says the notes possibly could be disclosed under the federal Family Educational Rights and Privacy Act. The school committed a technical violation by not responding to the request for records within three days.