Chicago Tribune Co. v. University of Illinois Board of Trustees
781 F. Supp. 2d 672
N.D. Ill.2011Background
- Tribune published a May 2009 series on University of Illinois admissions practices, focusing on 'Category I' applicants with potential relatives of influential individuals.
- Tribune submitted a FOIA request seeking names/parents/addresses and identifying information for Category I applicants who were admitted and attended, plus related requestors and any changes in status.
- University denied the FOIA request, stating FERPA prohibits disclosure and noting other FOIA exemptions might apply with responsive materials.
- University’s denial letter described exemptions under FOIA sections 7(1)(a), 7(1)(b)(i), 7(1)(b), and 7(1)(f) potentially applying.
- Tribune sued for declaratory relief, contending FERPA does not bar disclosure and seeking a ruling on the narrow issue of FERPA’s impact on FOIA 7(1)(a).
- Both parties moved for summary judgment; issues and undisputed facts focused on whether FERPA 'specifically prohibits' disclosure under FOIA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FERPA specifically prohibits disclosure for FOIA 7(1)(a). | Tribune: FERPA does not 'specifically prohibit' disclosure. | University: FERPA prohibits release of education records without parental consent. | FERPA does not specifically prohibit disclosure; 7(1)(a) inapplicable. |
| Whether FERPA, as a Spending Clause condition, binds Illinois from disclosing records. | Tribune: FERPA does not bind the state to withhold records when funds are accepted. | University: FERPA conditions could be enforceable to withhold records. | FERPA does not expressly prohibit Illinois actions; cannot justify withholding under 7(1)(a). |
| Whether Kibort v. Westrom supports withholding despite FERPA. | Tribune: Kibort supports applying exemptions even without explicit prohibition. | University: Kibort shows different context; FERPA lacks explicit prohibition here. | Kibort distinction does not control; FERPA lacks explicit prohibition. |
Key Cases Cited
- Gonzaga University v. Doe, 536 U.S. 273 (2002) (FERPA spending conditions do not create private rights; funds conditional)
- South Dakota v. Dole, 483 U.S. 203 (1987) (spending power conditions law as constraints on funds)
- United States v. Miami University, 294 F.3d 797 (6th Cir. 2002) (enforcement of FERPA-like conditions via FOIA-related relief)
- Kibort v. Westrom, 371 Ill.App.3d 247 (Ill.App.Ct.2007) (FOIA exemption can apply where state law governs records handling)
- Bowie v. Evanston Cmty. Consol. Sch. Dist. No. 65, 128 Ill.2d 373 (Ill. 1989) (FOIA exemptions construed narrowly; promote open access)
- Southern Illinoisan v. Illinois Dept. of Public Health, 218 Ill.2d 390 (Ill. 2006) (liberal FOIA construction; exemptions narrow)