26-ORD-117 – Joshua Campbell/Fayette County Public Schools

Opinion Content:

March 23, 2026

In re: Joshua Campbell/Fayette County Public Schools

Summary: Fayette County Public Schools (“FCPS”) violated the Open
Records Act (“the Act”) when did not timely respond to the Appellant’s
request. FCPS also violated the Act when, relying on FERPA, it required
the Appellant to provide proof that he was both a natural parent and
guardian of an identified student.

Open Records Decision

On December 29, 2025, Joshua Campbell (“the Appellant”) requested copies of
all records “relating to the injury sustained by [his son] on March 28, 2025,” at a
particular elementary school. In response, on January 8, 2026, FCPS asked the
Appellant to provide a copy of a “valid driver’s license or state ID [and] guardian
documentation” to show that he is entitled to the student’s records under FERPA. 1
Subsequently, on January 9, 2026, FCPS produced records responsive to one part of
the request but withheld all other responsive records, under FERPA, requesting that
the Appellant provide “guardianship documentation for the requested student.” This
appeal followed.

Under KRS 61.880(1), upon receiving a request for records under the Act, a
public agency “shall determine within five (5) [business] days . . . after the receipt of
any such request whether to comply with the request and shall notify in writing the
person making the request, within the five (5) day period, of its decision.” The
Appellant submitted his request on December 29, 2025. FCPS did not respond until
January 8, 2026, the sixth business day following submission of the request. As such,
FCPS violated the Act when it did not timely respond to the request.

1 The Federal Educational Rights and Privacy Act, 20 U.S.C. § 1232g, FERPA is incorporated into
the Act by KRS 61.878(1)(k).

FERPA provides that “[n]o funds shall be made available under any applicable
program to any educational agency or institution which has a policy or practice of
permitting the release of education records (or personally identifiable information
contained therein other than directory information . . .) of students without the
written consent of their parents to any individual, agency, or organization, other than
to” specified individuals under conditions not relevant here. 20 U.S.C. § 1232g(b)(1).
“Parent means a parent of a student and includes a natural parent, a guardian, or an
individual acting as a parent in the absence of a parent or a guardian.” 34 C.F.R.
§ 99.3.

On appeal, FCPS explains that it did not outright deny the Appellant’s request.
Rather, it only required proof that the Appellant was, in fact, a parent and guardian
of the subject child. Because FERPA limits access to education records to only certain
individuals, including parents, FCPS did not violate the Act when it asked for proof
that the Appellant was, in fact, a parent. However, a “parent” includes either a
“natural parent,” or a “guardian.” 34 C.F.R. § 99.3. The statute does not require the
person requesting FERPA-protected records to be both a parent and a guardian. Here,
FCPS first required proof that the Appellant was both a “natural parent” and a
“guardian.” Then, FCPS narrowed its request to the Appellant by asking him to
provide “guardianship documentation for the requested student.” As an explanation,
FCPS claims only that “FERPA provides certain rights for legal guardians regarding
their children’s education records.” But FCPS does not explain where FERPA grants
rights to a “legal guardian” that are different than those afforded to a “natural
parent.” Accordingly, FCPS violated the Act when, relying on FERPA, it required the
Appellant to demonstrate that he is both a “natural parent” and a “guardian” in order
to receive education records related to his child. 2

A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to [email protected].

2 The Appellant also claims that some records withheld by FCPS are not “education records” under
FERPA. However, because the Appellant now states that he is the natural parent and guardian of the
identified child, he is entitled to all records withheld under FERPA as long as he provides proof of
either status. Thus, the Office need not determine if certain records are not “education records” under
FERPA.

Russell Coleman
Attorney General

/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General

Joshua Campbell
Andria Jackson, Executive Assistant to the Superintendent, Fayette County Public
Schools
Demetrus Liggins, Superintendent, Fayette County Public Schools
Alex Garcia, Associate Chief Legal Officer, Fayette County Public Schools