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Final Decision FIC1978-069
In the Matter of a Complaint by
Report of Hearing Officer
Ilse M. Kern and the Guilford
Taxpayers Association,
     Complainant
     against
Docket #FIC78-69
Town of Guilford, the School
Board of the Town of Guilford,
and the Superintendent of Schools
of the Town of Guilford,
     Respondents
July 11, 1978

     The above captioned matter was heard as a contested case on June 5, 1978 at which time the complainant and the respond¬ents appeared, stipulated to certain facts, and presented testimony and argument on the complaint.
     After consideration of the entire record the following facts are found:
     1.  The respondents are public agencies as defined by §1-18a(a), G.S.
     2.  By letter dated March 14, 1978 the complainants requested from the respondent school board a copy of the most recent student enrollment printout listing by name the entire student enrollment.
     3.  By letter dated March 21, 1978 the respondent denied the complainants' request.
     4.  By letters filed with this Commission on April 3, 1978 and April 13, 1978 the complainants appealed the denial of their request for records.
     5.  The respondents claimed the requested printout was exempt from disclosure under §1-19(b)(11), G.S., in so far as it contained names and addresses of the students but offered to provide the complainant with the student numbers which are part of the requested printout.
     6.  The complainant stated she would not be satisfied with student numbers only.
     7.  It is found that §1-19(b)(11), G.S., exempts from disclosure the names and addresses of students enrolled in public schools unless there is consent for such disclosure either by the parents of students who are under eighteen or by the students themselves where the students are over eighteen.
     8.  The respondent superintendent of schools has not obtained consent for the release of the student names and addresses which are listed in the requested enrollment print¬out.
     9.  It is concluded, therefore, that the names and addresses of students which are included on the requested printout are not subject to disclosure under §1-15 or §1-19 (a), G.S.
     The following order by the Commission is hereby recommended on the basis of the record and finding concerning the above captioned complaint:
     1.  The complaint is hereby dismissed.
          Approved by order of the Freedom of Information Commission on July 26, 1978.