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May 24, 2000

FOIL-AO-12116

The staff of the Committee on Open Government is authorized to issue advisory opinions.
The ensuing staff advisory opinion is based solely upon the information presented in your
correspondence.

Dear Mr. Elentuck:

I have received your letter of April 21. From my perspective, the only "new issue"
that you raised involves a contention that "employee college transcripts" are "exempt
pursuant to FERPA."

In my view, transcripts maintained by an employer regarding an employee would not
be subject to FERPA or exempt from disclosure pursuant to that statute. However, it has
been held that transcripts maintained by a school district regarding its employees may be
withheld under the Freedom of Information Law on the ground that disclosure would
constitute an unwarranted invasion of personal privacy (see Steinmetz v. Board of Education,
Supreme Court, Suffolk County, NYLJ, October 30, 1980).

I hope that I have been of assistance.

Sincerely,

 

Robert J. Freeman
Executive Director

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