The Kentucky Attorney General has ruled that the Green County Board of Education did not violate the state's Open Records Act when it refused to confirm whether board applicants met statutory qualification requirements.

In decision 26-ORD-244, released May 29, the Attorney General's office found that a public agency is not obligated to create new records or provide confirmation of facts in response to an open records request. The decision centered on a request from Chris Clark regarding the board's vacant seat appointment process.

Clark initially requested all application materials, letters of interest, resumes and other documents submitted by candidates for the vacant board position. The board provided the requested records but withheld educational transcripts, citing privacy protections under state law.

In a follow-up request, Clark asked for confirmation that applicants had satisfied Kentucky's statutory requirement that board members complete at least 12th grade or obtain a GED certificate. He clarified he was not seeking the transcripts themselves, but rather evidence that the qualification requirement had been met.

The board denied this request, stating there was no obligation under the Open Records Act to provide information on a particular subject. The Attorney General upheld that decision, noting that public agencies are not required to answer interrogatories or provide information in whatever form a requester demands.

"A public agency is not obligated 'to respond to questions [or] requests for research,'" the decision states, citing Kentucky case law. The ruling noted that while the appellant insisted his request sought records rather than information, he could not identify what specific existing records would satisfy his request for confirmation other than the transcripts themselves, which he claimed not to want.

School board members in Kentucky must meet specific eligibility requirements, including being at least 24 years old, a Kentucky citizen for at least three years, a registered voter in their district, and having completed at least 12th grade or holding a GED. Any vacancy on a school board is filled by the chief state school officer within 90 days.