Can the public obtain Louisiana public-school students' names and addresses, and can board members see them?

Plain-English summary

A state senator asked whether names and addresses of Louisiana public-school students were public records. In 2005, the Attorney General said student names, addresses, and telephone numbers in school or school-board records were exempt from disclosure to the general public under La. R.S. 44:4(33)(a). The opinion said this was a change from the earlier public-records law it described.

The AG also identified a limited official-access rule. Under its reading of La. R.S. 44:4(33)(b), a school board member could obtain the information when necessary for the member's duties and responsibilities. That official access did not make the information generally public.

Currency note

This opinion was issued in 2005 under the cited public-records provisions. Verify current student-records and access rules before releasing or withholding information.

What this means for you

School records custodians

The AG treated the listed student contact details as outside the general public-disclosure rule. It distinguished that from access by school officials where needed for their duties.

School board members and public requesters

The opinion said board-member access depended on a need tied to official responsibilities. It did not extend that access to a member of the general public requesting the same details.

Common questions

Can a public-records requester obtain a list of student names and addresses?

The AG said the cited exemption covered student names and addresses, as well as telephone numbers, in the school records described.

Can a school board member see that information?

The AG said yes when access was necessary to perform the member's duties and responsibilities.

Did earlier Louisiana law treat the information the same way?

No. The opinion said the 1991 public-records law exempted certain test scores and teacher evaluations, but not student names and addresses. It described a later statutory change creating the contact-information exemption.

Background and statutory framework

La. R.S. 44:4(33)(a) supplied the student-contact-information exemption. Subparagraph (b) preserved duty-related access for specified education officials and employees, which the AG applied to school board members. La. R.S. 44:4.1 stated that public-records exceptions had to be in the Public Records chapter or Louisiana Constitution to have effect.

Citations

• La. R.S. 44:4(33)(a) (student contact-information exemption).
• La. R.S. 44:4(33)(b) (necessary official access).
• La. R.S. 44:4.1 (location of public-records exemptions).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0190

Original opinion text

August 15, 2005
OPINION 05-0190

90 – C PUBLIC RECORDS
LSA-R.S. 17:391.4(E) & 5(E) LSA-R.S. 44:1, et seq.
LSA-R.S. 44:4(33)(a)
LSA-R.S. 44:4(33)(b)

Hon. Michael J. Michot
La. R.S. 44:4.1 provides that all exceptions, exemptions or
State Senator, District 23 limitations must now reside in 44:1, et seq. or in the Constitution of Louisiana, or they shall have no effect. Although
P. O. Box 80372
La. R.S. 44:4(33)(a) now exempts the name, address and
Lafayette, LA 70598-0372 telephone number of a student in any public school from disclosure to the general public, La. R.S. 44:4(33)(b) allows a school board member to have access to this information
Dear Senator Michot: if it is necessary for the performance of his duties and
responsibilities.
I write to respond to your request concerning whether the names and addresses of public school students are public records under the public records law.

In 1991, the public records law contained certain exemptions, but none applied to the disclosure of public school students’ names and addresses. The Legislature only exempted from the public records law test scores of individual students and teacher evaluations R.S. 17:391.4(E) and 5(E). No other school records were found to be exempt from the public records law.

This all changed when the Legislature amended La. R.S. 44:1, et seq. The statute now defines “public body,” “public records,” and “custodian” and lists numerous exceptions and exemptions. La. R.S. 44:4.1(A) further states that:

[t]he legislature declares that all exceptions, exemptions and limitations to the laws pertaining to public records shall be provided for in this Chapter or the Constitution of Louisiana. Any exception, exemption and limitation to the laws pertaining to public records not provided for in this Chapter or in the Constitution of Louisiana shall have no effect.

A review of La. R.S. 44:4 shows that the public records law does not apply to a student’s telephone number, name or address. More specifically, La. R.S. 44:4 (33)(a) states that this Chapter shall not apply “to the name, address, and telephone number of any student enrolled in any public elementary or secondary school in the state in a record of a public or secondary school or a city or parish school board.”

Notwithstanding the provisions of La. R.S. 44:4(33)(a), La. R.S. 44:4 (33)(b) maintains the right of a school board member to obtain the data described above,

Page 2

Hon. Michael J. Michot
State Senator, District 23
Opinion No. 05-0190
Page 2

as long as it is in performance of his duties and responsibilities. More specifically, this statute provides as follows:

(b) Nothing in Subparagraph (a) of the Paragraph shall prohibit any official or employee of any public elementary or secondary school, the State Department of Education, or the State Board of Elementary and Secondary Education from having access to a student’s name, address, and telephone number but only as necessary for the performance of his duties and responsibilities.

La. R.S. 44:4.1 provides that all exceptions, exemptions or limitations must now reside in 44:1, et seq. or in the Constitution of Louisiana, or they shall have no effect. Although La. R.S. 44:4(33)(a) now exempts the name, address and telephone number of a student in any public school from disclosure to the general public, La. R.S. 44:4(33)(b) allows a school board member to have access to this information if it is necessary for the performance of his duties and responsibilities.

We hope that this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:_____
CHRISTOPHER D. MATCHETT
Assistant Attorney General

CCF,Jr.:CDM:lrs

Page 3

Opinion No. 05-0190

90 – C PUBLIC RECORDS

LSA-R.S. 17:391.4(E) & 5(E)
LSA-R.S. 44:1, et seq.;
LSA-R.S. 44:4(33)(a)
LSA-R.S. 44:4(33)(b)

La. R.S. 44:4.1 provides that all exceptions, exemptions or limitations must now reside in 44:1, et seq. or in the Constitution of Louisiana, or they shall have no effect. Although La. R.S. 44:4(33)(a) now exempts the name, address and telephone number of a student in any public school from disclosure to the general public, La. R.S. 44:4(33)(b) allows a school board member to have access to this information if it is necessary for the performance of his duties and responsibilities.

Hon. Michael J. Michot
State Senator, District 23
P.O. Box 80372
Lafayette, LA 70598-0372

Date Received:

Date Released: August 15, 2005
Christopher D. Matchett
Assistant Attorney General