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An Illinois appeals court ruled Tuesday the College of DuPage Foundation is subject to state open-records laws, The Chicago Tribune reported. While the college is a public community college, foundation officials have said that the foundation should be considered a private organization not subject to open-records laws. The Tribune, which has published a series of articles about spending by the foundation and the college, sued to get access to a federal subpoena issued to the foundation. The ruling is the first by an Illinois appeals court upholding a records request made of a college's foundation.

The ruling noted that the foundation runs the college's fund-raising operations and that its employees are paid by the college and receive state health benefits. "The foundation is plainly performing a governmental function on behalf of the college," the appeals court decision said.