Attorney General Backs College in Open Records Battle

From Kentucky Public Radio’s Tony McVeigh

A student’s attempt to obtain records from an eastern Kentucky community college has been turned back by the attorney general’s office. 

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.