From:   Freeman, Robert (DOS)
Sent:    Monday, August 18, 2008 8:34 AM
Subject:           RE: for next week
Attachments:   F10903.wpd

Hi –

I agree that notes kept solely by the maker and disclosed to nobody other than a substitute would not be subject to FERPA.  However, I believe that that they constitute “records” falling within the scope of FOIL.  In my view, they are “intra-agency” materials that would be accessible or deniable, in whole or in part depending on their content.  Expressions of opinion, for example, could be withheld.  Factual information, however, would likely be available to the parent of the student.

Attached is an opinion that deals with the issue in detail.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927