Kentucky Supreme Court rules student discipline records public

By The Associated Press

03.24.01

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FRANKFORT, Ky. — Hardin County schools must disclose student disciplinary records, after removing information that might identify individuals, the Supreme Court ruled on March 22.

The school system had argued that disciplinary statistics, taken together with other information available to the public, could be used to identify the cases of individual students, which is prevented by state and federal law.

The records were sought by a reporter for The News-Enterprise in Elizabethtown. The newspaper asked for records from 1990 to 1996, including actions resulting in expulsions and suspensions and the school where the offenses occurred.

The attorney general, which reviews cases under the Kentucky Open Records Law, the Hardin County Circuit Court and the Kentucky Court of Appeals had differing views on the matter.

The Supreme Court, in a 5-2 decision, said the records must be disclosed, once individual identities are removed.

Justice Donald Wintersheimer said the school, year the case occurred, reason for the disciplinary action and the action taken do not reveal the student involved.

The court said there is a compelling public interest on matters involving school discipline.

"Clearly, in today's changing society, a vital piece of information for parents and students is the school policy regarding disciplinary measures," Wintersheimer said.

Wintersheimer said the "potential and reality" of violence in the schools is demonstrated by what happened at Heath High School.

Michael Carneal pleaded guilty to fatally shooting Nicole Hadley, Kayce Steger and Jessica James and wounding five others in the lobby of his school on Dec. 1, 1997.

Justice William Cooper, a former judge in Hardin County, and Justice James Keller dissented from the ruling.

Related

University disciplinary records ruled private
6th Circuit panel blocks newspaper's bid to view documents, saying students' right to privacy outweighs public's right of access to information.  06.28.02