Emails of Heisam Imam

Hayden Barnes, Esq. filed this request with the Georgia State University of Georgia.

It is a clone of this request.

Due April 3, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Hayden Barnes, Esq.

To Whom It May Concern:

Pursuant to the Georgia Open Records Act, I hereby request the following records:

All emails received by staff and faculty of Georgia State University (Perimeter College) from the student email address of Georgia State University (Perimeter College) student Heisam Imam from March 1, 2017 through March 1, 2018.

Student records that are not mainted by a registrar or other official in a central records repository are not protected by The Family Educational Rights and Privacy Act (FERPA). Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 433, 122 S. Ct. 934, 939, 151 L. Ed. 2d 896 (2002).

Courts relying on Owasso have found that student emails are not protected by FERPA. S.A. v. Tulare County Office of Education, 2009 Westlaw 3126322 (E.D.Cal).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Hayden Barnes, Esq.

From: Hayden Barnes, Esq.

As you are no doubt aware, the Georgia Open Records Act requires a response within three business days under from covered agencies.

I am writing to follow-up on my Georgia Open Records Act request to Georgia State University originally submitted March 29, 2018, which is now past due.

Thank you.

Sincerely,

Hayden Barnes, Esq.

From: Georgia State University

Dear Mr. Barnes,

I am writing in response the request you submitted under the Georgia Open Records Act received in our office on April 19, 2018. We disagree with your position that student emails are not protected by The Family Educational Rights and Privacy Act (FERPA) and will not release such information unless requested pursuant to a judicial order or lawfully issued subpoena, or, unless the student has consented in writing to its release.

If you have any questions concerning this request, you may contact me at (404) 413-0506.

Sincerely,
Stacey B. Brandenburg

Stacey B. Brandenburg
Legal Assistant II
Georgia State University
Office of Legal Affairs
Centennial Hall
100 Auburn Avenue, Suite 315
Atlanta, GA 30303
Phone: (404) 413-0506 Fax: (404) 413-0518

From: Hayden Barnes, Esq.

E-mails sent by students that are not academic in nature and are not deposited in a central academic file are not protected by FERPA.

ERPA. S.A. v. Tulare County Office of Education, 2009 Westlaw 3126322 (E.D.Cal);
S.B. v. San Mateo Foster City Sch. Dist., No. 16-CV-01789-EDL, 2017 WL 4856868, at *18 (N.D. Cal. Apr. 11, 2017);
Jacobson v. Ithaca City Sch. Dist., 53 Misc. 3d 1091, 1094, 39 N.Y.S.3d 904, 908 (N.Y. Sup. Ct. 2016);
E.D. by & through T.D. v. Colonial Sch. Dist., No. CV 09-4837, 2017 WL 1207919, at *10 (E.D. Pa. Mar. 31, 2017);
Weston ex rel. C.S. v. Kansas City, Mo. Sch. Dist., No. 07-0229-CV-W-HFS, 2011 WL 5513207, at *2 (W.D. Mo. Nov. 10, 2011);
Red Lion Area Sch. Dist.,112 LRP 2720 (Penn. 2011);
Washoe County Sch. Dist., 114 LRP 25728 (Nevada May 23, 2014); all citing
Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 433, 122 S. Ct. 934, 939, 151 L. Ed. 2d 896 (2002);

Even if some e-mails would need to be withheld or redacted, I would like you to provide all non-FERPA related e-mails.

Thank you.

Files

There are no files associated with this request.