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John Cornyn

July 6, 1999

Ms. Jennifer L. Lehmann
Escamilla & Poneck, Inc.
1200 South Texas Building
603 Navarro Street
San Antonio, Texas 78205-1826


Dear Ms. Lehmann:

On behalf of the San Antonio Independent School district (the "school district"), you ask that we reconcile two conflicting open records rulings, Open Records Letter Nos. 1350 (1999) and 1249 (1999). Your request was assigned ID# 126726.

Both of the referenced rulings concern the required public release of the same resource class student roster. However, the two ruling reached different conclusions, with Open Records Letter No. 99-1249 (1999) finding that the roster is a confidential education record under the Family Education Rights and Privacy Act ("FERPA"), 20 U.S.C. 1232g, and Open Records Letter No. 99- 1350 (1999) finding that the roster, with the grades and identification numbers redacted, is directory information, which may be released after the school district complied with federal notice requirements. 20 U.S.C. 1232g (a)(5)(A); see Open Records Decision No. 244 (1980).

We now conclude that Open Records Letter No. 99-1350 was in error. Because it concerns students in a resource class, the roster is not directory information but is a confidential education record under FERPA. See 20 U.S.C. 1232g(a)(5)(A). Accordingly, Open Records Letter No. 99-1350 is overruled in accordance with this decision.

We are resolving this matter with this informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and may not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.


Kay H. Hastings
Assistant Attorney General
Open Records Division


Ref.: ID# 126726

encl. Submitted documents

cc: Mr. Dan Naranjo
Attorney at Law
The Ariel House
8118 Datapoint Drive
San Antonio, Texas 78229-3268
(w/o enclosures)


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