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Ltr Emily Parkhurst 2010-06-09

Ltr Emily Parkhurst 2010-06-09

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Published by: eparkhurst7234 on Jul 12, 2010
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10/25/2012

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DrummondWoodsum
Peter
C. Felml¥
pfelmly@dwmlaw.corn
84 Marginal Way, Suite 600
Portland, ME 04101-2480
(2071 772-1941
(207) 772-3627 Fax
(800) 727-1941
Admitted in ME only
www.dwmlaw.com
¯ Admdted In Maine
t Admltied In New
Hampshire
June 9,2010
Emily Parkhurst
ReporterThe Forecaster5 Fundy RoadFalmouth, ME 04105
RE:
Freedom of Access Act RequestDear Ms. Parkhurst:
I am responding on behalf of the Brunswick, Falmouth, Portland, Cape Elizabeth,
South Portland and Scarborough schools to the freedom of access request you sentto each of them on June 2, 2010. You requested that each school department
provide you copies of all Therapeutic Restraint Incident Reports for students in all
grade levels from August 2004 to June 2010. If I understand your request
correctly, you would like to have copies of the actual incident reports that school
staff members fill out each time therapeutic restraint is used with a particular
student.
The schools fully understand their obligations to provide access to public records
under Maine’s Freedom of Access Act ("FOAA"), and are happy to provide youcopies of public records as required by that law. The records you have requested,
however, are confidential under the Family Educational Rights and Privacy Act("FERPA"), the federal law which protects the privacy of student educational
records.
See
20 U.S.C. § 1232g;
see also
120 Cong. Rec. 39862 (Dec. 13, 1974).
The records you have requested are "education records" under FERPA. These
records contain sensitive and detailed information about students, including their
names, addresses, ages, disabilities, behaviors in class on particular dates andtimes, and school efforts to address the students’ actions.
The U.S. Department of Education regulations implementing FERPA were recentlyamended in several important respects. The Department’s commentary on the
~L"MER ITA
S

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