R. School and university records.

The Public Records Law governs access to athletic, trustee and student records generally.

Access to certain educational records is controlled by federal law. A.R.S. § 15-141.

Some assessment and investigation records are specifically exempt from the Public Records Law.

A.R.S. §§ 15-350(A) and (B) provide that the Board of Education’s records from an immoral or unprofessional conduct investigation are “confidential and are not a public record.” However, the board can provide these records to the school that currently employs that individual.

A.R.S. § 15-537(G) provides that “assessment and evaluation reports of a certificated teacher . . . are confidential [and] do not constitute a public record . . . .” However, these records can be revealed to the certificated teacher or in an official proceeding regarding that individual’s employment.

§ 15-551(A), (C) provide that the identity of any student who participates in a hearing regarding the discipline or dismissal of a teacher will be kept confidential.

In Arizona Board of Regents v. Phoenix Newspapers Inc., the court drew a distinction between a “prospect,” whose name was not subject to disclosure, and a “candidate,” whose was. The court stated that “the public’s interest in ensuring the state’s ability to secure the most qualified candidates for the university president’s position is more compelling than its interest in, or need to know, the names of all of the prospects,” but held that releasing the names of the 17 final candidates served “the public’s legitimate interest” and thus outweighed the candidates’ countervailing interests of privacy and confidentiality. 167 Ariz. 254, 258, 806 P.2d 348, 352.

“The right to inspect and review educational records and the release of or access to these records, other information or instructional materials is governed by federal law in the family educational and privacy rights act of 1974 . . . and federal regulations issued pursuant to such act.”  A.R.S. § 15-141(A).  The Family Educational Rights and Privacy Act of 1974 (“FERPA”) and associated regulations only permit disclosure of educational records with written parental consent, to comply with a judicial order, or pursuant to a lawfully issued subpoena.  See Catrone v. Miles, 215 Ariz. 446, 452-53, 160 P.3d 1204,  1210-11 (Ct. App. 2007) (citing 20 U.S.C. § 1232g (2000 & Supp. 2006) and 34 C.F.R. § 99.31(a)(9)(i) (July 1, 2006 and Oct. 13, 2006)).