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D.A.: Student records aren't public By DANI DODGE ASHLAND -- District Attorney Mark Huddleston has denied a parent's request to open the expulsion records of Ashland High School students. "This was the most complex public records request I have ever received," Huddleston said Thursday. "In reaching my decision, I had to look at federal law, state statutory and administrative law and public records law." After that review, "it was pretty clear" that the expulsion records should remain private, Huddleston said. He said federal laws are explicit about the privacy of student records, and that the state public records law includes an exception for student records. The petitioner, Paul Copeland of Ashland, said he wanted to see the records so he could judge whether the school district is handling expulsions fairly since it enacted a zero-tolerance policy on drugs. The policy, implemented last year, requires expulsion of students found with drugs in their possession on school property. The school district refused to give Copeland the records -- even with the names and identifying characteristics of the students blacked out -- citing federal privacy statutes. Copeland appealed to the district attorney, citing state public records law. Copeland said he was deeply disappointed with the district attorney's ruling, but has not yet decided whether to appeal the decision. "The public has a right to know about these cases -- some involved violence in the schools and expulsions for weapons," Copeland said. "I also have a concern that when punishment is dispensed in secret there's a potential for abuse." Copeland's attorney, David Fine, said Huddleston ignored case law in his denial of the appeal. He said other state high courts have ruled differently on similar matters. "We sent him 40 pages of case law and he chose not to cite any of that authority," Fine said. "We don't know why he is proceeding contrary to reasoned positions from other states." Schools Superintendent John Daggett said the school board would have appealed the decision had it gone differently, because it would have set a bad precedent in the state. He said the Oregon School Board Association was very concerned about the case. "I'm pleased that children and families have had their right to privacy upheld," he said. Fine said, however, that he doesn't consider the district attorney's decision a complete loss for his client. "Even taking it to this stage, Mr. Copeland has achieved somewhat of a victory," Fine said. "The absence of free insight into the schools has been brought to the public notice in the district." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA