Universities and open records
How a state defines the term "public records" can have critical implications for judicial and legislative decisions regarding exemptions and areas in which the law may not apply. This is especially true when dealing with state Universities. The following page is designed to help differentiate and highlight some of the considerations state's face when dealing with open records and the ivory tower of academia.
FERPA
Universities face the same restrictions as all schools under the Family Education Rights Privacy Act. The federal act threatens to punish universities and lower level schools with a loss of funding if the release identifying educational information of current or former students. This act severely restricts the information universities are able to release under state open records laws. In addition, the Society of Professional Journalists, claims that the law “has been twisted beyond recognition, keeping school lunch menus, graduation honors and athletic travel records secret.”[1] As a broad exemption, we can easily state that all personally identifying education records of university students are automatically exempt. Therefor this research will deal with administrative records and the records of faculty and staff.
Overview
Transparency
Research on all 50 state laws using the original statutes and the RCFP Open Government revealed four levels of transparency that dictate whether the records of Universities are available:
- Explicitly Open: These states explicitly include universities in their open records law, leaving little room for doubt.
- Presumed/Judicially Confirmed: These states have a presumption for openness that has been affirmed in one or more court cases.
- Presumed Open: These states are silent on the question of universities and records. With silence comes the presumption that the records of universities are open to public inspection.
- Explicitly exempt: These states explicitly exempt the records of state universities.
Specific exemptions
In addition, a number of more specific exemptions establish particular classes of university records that are commonly requested and commonly exempted.
- Research: This usually includes non-published academic research being conducted by or for the university. It is occasionally nested within "trade secrets" exemptions.
- Donors: Many universities have obtained exemptions for donor records to universities, arguing that releasing the names of donors reduces the likelihood that they will continue to make large donations to the university.
- Examinations: In an attempt to protect the academic integrity of students and prevent cheating, examinations are often exempt under open records laws. This exemption usually extends to other state exams including licensing exams.
- Course Materials: A select few states exempt course materials prepared and used by faculty in the process of instructing students.
Chart
The following chart highlights the exemptions and status across the state. 
indicates that the state has an exemption on the law for those records.
| Law | Status | Research | Donors | Examinations | Materials |
|---|---|---|---|---|---|
| Alabama Public Records Law | Presumed/Judicially confirmed[1] | ||||
| Alaska Public Records Act | Explicitly Open[2] | ||||
| Arizona Public Records Law | Presumed Open | | | ||
| Arkansas Freedom of Information Act | Presumed/Judicially confirmed[4] | ||||
| California Public Records Act | Presumed Open | ||||
| Colorado Open Records Act | Presumed Open | ||||
| Connecticut Freedom of Information Act | Presumed/Judicially confirmed[5][6] | ||||
| Delaware Freedom of Information Act | Explicitly exempted [7] | | |||
| Florida Sunshine Law | Presumed/Judicially confirmed[6] | ||||
| Georgia Open Records Act | Presumed Open | ||||
| Hawaii Uniform Information Practices Act | Presumed Open | ||||
| Idaho Public Records Act | Presumed Open | | |||
| Illinois Freedom of Information Act | Explicitly Open[9] | | | | |
| Indiana Access to Public Records Act | Presumed Open | | | ||
| Iowa Open Records Law | Presumed Open | | |||
| Kansas Open Records Act | Presumed Open | | |||
| Kentucky Open Records Act | Presumed Open | | | ||
| Louisiana Public Records Act | Presumed Open | ||||
| Maine Freedom of Access Act | Presumed Open | ||||
| Maryland Public Information Act | Presumed Open | | | ||
| Massachusetts Public Records Act | Presumed Open | | |||
| Michigan Freedom of Information Act | Presumed Open | | |||
| Minnesota Data Practices Act | Presumed Open | | | ||
| Mississippi Public Records Act | Presumed Open | ||||
| Missouri Sunshine Law | Explicitly Open[25] | | | ||
| Montana Public Records Act | Presumed Open | ||||
| Nebraska Public Records Law | Presumed Open | | |||
| Nevada Open Records Act | Presumed Open | ||||
| New Hampshire Right to Know Law | Presumed Open | | |||
| New Jersey Open Public Records Act | Presumed Open | | | | |
| New Mexico Inspection of Public Records Act | Presumed Open | | |||
| New York Freedom of Information Law | Presumed Open | ||||
| North Carolina Public Records Law | Presumed Open | ||||
| North Dakota Open Records Statute | Presumed Open | | | ||
| Ohio Open Records Law | Presumed Open | | | | |
| Oklahoma Open Records Act | Presumed Open | | |||
| Oregon Public Records Law | Presumed Open | | | ||
| Pennsylvania Right to Know Law | Explicitly exempt[42] | ||||
| Rhode Island Access to Public Records Act | Presumed Open | | |||
| South Carolina Freedom of Information Act | Presumed Open | | |||
| South Dakota Sunshine Law | Presumed Open | | |||
| Tennessee Open Records Act | Presumed Open | ||||
| Texas Public Information Act | Presumed Open | ||||
| Utah Government Records Access and Management Act | Explicitly Open[46] | | |||
| Vermont Public Records Law | Presumed Open | | | ||
| Virginia Freedom of Information Act | Presumed Open | | | ||
| Washington Public Records Act | Presumed Open | | | ||
| West Virginia Freedom of Information Act | Presumed Open | | |||
| Wisconsin Open Records Law | Presumed Open | ||||
| Wyoming Sunshine Law | Presumed/Judicially Confirmed[55] | | |
See also
- State sunshine laws
- Years that state FOIA laws were enacted
- List of who can make public record requests by state
External links
References
- ↑ RCFP Open Gov. Guide, AL
- ↑ Alaska Statute 40.25.220(2)
- ↑ 3.0 3.1 Arizona Statute 15-1640
- ↑ RCFP Guide to AR
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedctfoia - ↑ 6.0 6.1 RCFP Open Gov. Guide, CT
- ↑ 7.0 7.1 Delaware FOIA
- ↑ Idaho PRA 9-340-D
- ↑ 5 ILCS 140(2)(a)
- ↑ ILCS 140(7)(j)
- ↑ ILCS 140(7)(j)
- ↑ ILCS 140(7)(j)
- ↑ Indiana APRA 5-14-3
- ↑ Indiana APRA 5-14-3
- ↑ Iowa ORL 22.7
- ↑ Kora 45-221
- ↑ Kentucky ORA 61.878
- ↑ Kentucky ORA 61.878
- ↑ Maryland Statute 10-618-D, H.
- ↑ Maryland Statute 10-618-C
- ↑ Mass. General Laws 4-7-26-L
- ↑ Michigan Statute 15-243.1.K
- ↑ Minnesota Statute 13.792
- ↑ Minnesota Statute 13.34
- ↑ Missouri Sunshine Law 610.010.4.a
- ↑ Missouri Sunshine Law 610.021
- ↑ Missouri Sunshine Law 610.021
- ↑ Nebraska Law 84-712.05
- ↑ New Hampshire Revised Statutes VI.91-A:5
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Mexico Statute 14-2-1
- ↑ North Dakota Statute 44.04
- ↑ North Dakota Statute 44.04
- ↑ Intellectual property at: Ohio ORL 149.43.A.1
- ↑ Ohio ORL 149.43.A.1
- ↑ Ohio ORL 149.43.A.1
- ↑ Open Records Act 24A.19
- ↑ Oregon Statutes, 192.502.1
- ↑ Oregon Statutes, 192.502.1
- ↑ PA Right to KNow act, sections 102 and Chapter 15
- ↑ Rhode Island law 38-2
- ↑ South Carolina FOIA 30-4-40
- ↑ South Dakota law 1-27-1.5
- ↑ Utah Code 63G-2-103
- ↑ Utah Code 63G-2-305
- ↑ Vermont Statute 5-317
- ↑ Vermont Statute 5-317
- ↑ Virginia Code 2.2-3705.4
- ↑ Virginia Code 2.2-3705.4
- ↑ RCW 42.56.270
- ↑ RCW 42.56.250
- ↑ West Virginia Code, 29B-1-4
- ↑ University of Wyoming v. Gressley
- ↑ Wyoming statute 16-4-203
- ↑ Wyoming statute 16-4-203
| Contents |
|---|
| 1. Select a state |
|
Alabama • Alaska • Arizona Arkansas • California • Colorado Connecticut • Delaware • Florida Georgia • Hawaii • Idaho Illinois • Indiana • Iowa Kansas • Kentucky • Louisiana Maine • Maryland • Massachusetts Michigan • Minnesota • Mississippi Missouri • Montana • Nebraska Nevada • New Hampshire New Mexico • New Jersey New York • North Carolina North Dakota • Ohio • Oklahoma Oregon • Pennsylvania • Rhode Island South Carolina • South Dakota Tennessee • Texas • Utah Vermont • Virginia • Washington West Virginia • Wisconsin • Wyoming |
| 2. See also |
Here is a list of definitions of public body by state:
Alabama Public Records Law
Status: Presumed/Judicially confirmed[1] Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. This presumption has been confirmed by a few court cases, including Birmingham News Co. v. Muse which held that NCAA letters of inquiry submitted to the university are public and The Advertiser Co. v. Lee which held that NCAA self reported violations were public.[1]
Alaska Public Records Act
Status: Explicitly Open[1] Popular Exemptions Research Donors Examinations Course Materials
The act explicitly includes the University of Alaska at Alaska Statute 40.25.220(2).
Arizona Public Records Law
The definition of public body presumably includes public universities within the state. However, state laws on education provide explicit exemptions for Intellectual property as a trade secret if it is included in unfunded grant applications, proprietary data collected by third parties and proprietary data collected by university faculty and employees. The act also includes exemptions for historical information and materials donated to the university and monetary donor information if the donor requests anonymity. [1] There are also exemptions for unprofessional conduct investigations of teachers. [2]
Arkansas Freedom of Information Act
Status: Presumed/Judicially confirmed[1] Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. This assumption was confirmed in Arkansas Gazette Co. v. Pickens which held that the Board of Trustees of a state university is a public body. [1] The law does explicitly exclude student information exempt under federal law.
California Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. Up until 2011, California State University, Fresno Assn., Inc. v. Superior Court exempted University foundations from public records request. However, in 2011, Governor Jerry Brown signed a bill that eliminated the exemption. [1]
Colorado Open Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Connecticut Freedom of Information Act
Status: Presumed/Judicially confirmed[1][2] Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. This presumption was confirmed in Polman v. UConn School of Law which held that the University of Connecticut School of Law was a public body. Names and addresses of students are explicitly exempted. [1][2]
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedctfoia - ↑ 2.0 2.1 RCFP Open Gov. Guide, CT
Delaware Freedom of Information Act
The University of Delaware and Delaware State University are explicitly exempt from the law. The exemption excludes the board of regents with regard to budgetary information, which is considered public under the state open records law. Anonymous charitable donations are also exempted under the law. [1]
Florida Sunshine Law
Status: Presumed/Judicially confirmed[1] Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. This assumption was enforced by National Collegiate Athletic Association v. Associated Press which held that records of a Florida State University hearing before the NCAA were public.[1]
Georgia Open Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. In addiiton, Red & Black Publishing Company v. Board of Regents extended the Open Records Act to student disciplinary courts in 1993.
Hawaii Uniform Information Practices Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Idaho Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, academic research is explicitly exempted under the trade secrets exemption found at Idaho PRA 9-340-D.
Illinois Freedom of Information Act
The definition of public body explicitly includes "state universities and colleges" under the definition of public body found at 5 ILCS 140(2)(a). However this definition has limitations placed on it at ILCS 140(7)(j) which exempts examination information, peer reviewed faculty evaluations, student disciplinary matters if they reveal the name of the student, and course and research materials used by faculty members.
Indiana Access to Public Records Act
The definition of public body presumably includes the administrative capacities of public universities within the state. However, academic research, grade transcripts and the names of anonymous charitable donors are explicitly exempted under Indiana APRA 5-14-3.
Iowa Open Records Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, examinations and personal information on accepted students, current students, and past students is explicitly exempted under Iowa ORL 22.7.
Kansas Open Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, testing and exam material and student financial information are explicitly exempted under Kora 45-221.
Kentucky Open Records Act
The definition of public body presumably includes public universities within the state. However, testing and exam material and scientific research are explicitly exempted under Kentucky ORA 61.878.
Louisiana Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Maine Freedom of Access Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Maryland Public Information Act
The definition of public body presumably includes public universities within the state. However, testing and exam material is explicitly exempt at Maryland Statute 10-618-C and academic research is exempted at Maryland Statute 10-618-D, H.[3]
Massachusetts Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, testing and exam material are explicitly exempted at Mass. General Laws 4-7-26-L.
- ↑ Mass. General Laws 4-7-26-L
Michigan Freedom of Information Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, examination information is explicitly exempted at Michigan Statute 15-243.1.K.
- ↑ Michigan Statute 15-243.1.K
Minnesota Data Practices Act
The definition of public body presumably includes public universities within the state. However, examination data [3] and university donor and gift data [4] are explicitly exempt under the law.
Mississippi Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Missouri Sunshine Law
The definition of public body explicitly includes universities stating, "or any other governing body of any institution of higher education, including a community college, which is supported in whole or in part from state funds, including but not limited to the administrative entity known as 'The Curators of the University of Missouri'."[4] However, testing and exam material and donor information is explicitly exempted under Missouri Sunshine Law 610.021.
Montana Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Nebraska Public Records Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, the law does contain an exemption for donor information at Nebraska Law 84-712.05.
Nevada Open Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
New Hampshire Right to Know Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]- Presumed Open, Examinations exempt.
The definition of public body presumably includes public universities within the state. However, the law does contain an exemption for examination material at New Hampshire Revised Statutes VI.91-A:5.
New Jersey Open Public Records Act
The definition of public body presumably includes public universities within the state. However academic research, examinations and records of charitable donations are all exempt under New Jersey Ann. Stat. 47:1A-1.1 as well as student and applicant records.
New Mexico Inspection of Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. The law does exempt donations to universities, when the donor requests anonymity under New Mexico Statute 14-2-1.
New York Freedom of Information Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state. However, the New York judiciary has assembled a confusing collection of cases associated with particular exemptions, including:
- Rothenberg v. City University of New York - Exempted documents relating to a professors failed application for tenure.
- Harris v. City University - Granted access to faculty C.V.'s.
- Russo v. Nassau Community College - Granting access to film used in courses.
North Carolina Public Records Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
North Dakota Open Records Statute
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1][2]- Presumed Open:Exemptions for donor records and exams
The definition of public body presumably includes public universities within the state. However, testing and exam material and donor records are explicitly exempted under North Dakota Statute 44.04.
Ohio Open Records Law
The definition of public body presumably includes public universities within the state. However, testing and exam material, intellectual property and donor information are explicitly exempted under Ohio ORL 149.43.A.1.
- ↑ Intellectual property at: Ohio ORL 149.43.A.1
- ↑ Ohio ORL 149.43.A.1
- ↑ Ohio ORL 149.43.A.1
Oklahoma Open Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, academic and state research has a broad exemption at Open Records Act 24A.19.
Oregon Public Records Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1][2]- Presumed Open:Exemption for Examinations and Research.
The definition of public body presumably includes public universities within the state. However, testing and exam material and research are explicitly exempted under Oregon Statutes, 192.502.1.
- ↑ Oregon Statutes, 192.502.1
- ↑ Oregon Statutes, 192.502.1
Pennsylvania Right to Know Law
Status: Explicitly exempt[1] Popular Exemptions Research Donors Examinations Course Materials
Certain universities within Pennsylvania fall under the definition of "State-related institution" which is explicitly not included in the definition of "Commonwealth agency" that defines which entities are subject to the law. These include:
(1) Temple University.
(2) The University of Pittsburgh.
(3) The Pennsylvania State University.
(4) Lincoln University.
Instead, these universities are required to submit an annual report to the government detailing tax information as well as salaries for employees. Other state departments of higher education and community college are included in the law.[2] In 2013, a bill passed the Pennsylvania House that would close this exemption.[3]
Rhode Island Access to Public Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]- Presumed Open
The definition of public body presumably includes public universities within the state. However, charitable donor information is exempt under Rhode Island law 38-2.
South Carolina Freedom of Information Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, testing and exam material are explicitly exempted under South Carolina FOIA 30-4-40.
South Dakota Sunshine Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, the law does explicitly exempt examinations at South Dakota law 1-27-1.5.
Tennessee Open Records Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Texas Public Information Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Utah Government Records Access and Management Act
The law explicitly includes state universities, including in its definition, "any state-funded institution of higher education or public education."[3] This was confirmed in The Herald Journal v. Utah State University which held that the University was a public body and contracts with athletic coaches must be released.[4] The law does however contain abroad exemption for unpublished academic research at Utah Code 63G-2-305.
Vermont Public Records Law
The definition of public body presumably includes public universities within the state. However, testing and exam material and academic research are explicitly exempted under Vermont Statute 5-317.
Virginia Freedom of Information Act
The definition of public body presumably includes public universities within the state. However, testing and exam material and unpublished academic research are exempt under Virginia Code 2.2-3705.4.
Washington Public Records Act
The definition of public body presumably includes public universities within the state. However, the law contains a number of exemptions, including:
- Testing and exams at RCW 42.56.250
- Research information at RCW 42.56.270
- Donated documents that request concealment at RCW 42.56.320
West Virginia Freedom of Information Act
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [1]
The definition of public body presumably includes public universities within the state. However, testing and exam material are explicitly exempted under West Virginia Code, 29B-1-4.
Wisconsin Open Records Law
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Wyoming Sunshine Law
Status: Presumed/Judicially Confirmed[1] Popular Exemptions Research Donors Examinations Course Materials [2][3]
The definition of public body presumably includes public universities within the state. This presumption was confirmed in University of Wyoming v. Gressley which held that the University of Wyoming was in fact a public agency subject to the law. However, testing and exam material and academic research are explicitly exempted under Wyoming statute 16-4-203.
See also
- State sunshine laws
- Years that state FOIA laws were enacted
- List of who can make public record requests by state
External links
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