Freedom of Information Act Forces Private School to Disclose Financial Info

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

In the case of Norwich Free Academy v. Freedom of Information, a private school sought to stay a decision from the Connecticut Freedom of Information Commission, which had determined that the private school was a public agency within the meaning defined by Connecticut law, and was required to provide information under the Freedom of Information Act. The Freedom of Information Act is a federal law that allows for the full or partial disclosure of previously unreleased or confidential information and documents controlled by the government.

The private school was organized and qualified to serve as a qualified alternative for the required public high school. The local newspaper sought financial information from the school and when the school refused to disclose the information, the newspaper sought the information under the Freedom of Information Act. The Connecticut Freedom of Information Commission determined that the private school was the functional equivalent of a public agency and ordered that the private school disclose the information. The private school sought a stay of the determination and asserted that it was not subject to the Freedom of Information Act. The court denied the request for a stay and determined that since the private school (1) performed a basic governmental function; (2) received more than three-quarters of its income from public funds; (3) was subject to examination by the state board of education; and (4) was created by the state when it was incorporated, it was the functional equivalent of a public agency for consideration or obligations under the Freedom of Information Act.

The court denied the request to stay the decision from the Connecticut Freedom of Information Commission that determined that the private school was a public agency and was required to provide information under the Freedom of Information Act. “For the purposes of our act, Norwich Free Academy is a public agency” said the court. "On a careful balancing of the equities including the public's right to inquire and find out about public actions and expenditures, it is clear that no stay should be granted.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Norwich Free Academy v. Freedom of Information, 1991 Conn. Super. LEXIS 2011 (Conn. Super. Ct. Aug. 6, 1991)