Amended House Bill 8, which goes into effect on September 28, 2018, requires public offices to redact personal information from any record related to a traffic accident involving a school vehicle in which a minor was the occupant of the vehicle at the time of the accident.
Specifically, the act exempts from disclosure under the Ohio Public Records Act the name, address, contact information, and other personal information of a minor from any record related to a traffic accident in which the minor was the occupant. The act provides exceptions for journalists and parents/guardians.
Under the journalist exception, a journalist reporting on the accident may be provided the name and contact information of the minor involved in the accident. However, this exception explicitly states that it does not allow access to financial or medical information of the minor found within the report.
Under the parent/guardian exception, either parent/guardian of the minor involved in the report may request the full, non-redacted report including the information involving their child. The parent/guardian must provide specific information identifying the minor as well as provide information identifying the recipient of the report. The public office will confirm this information and provide the report with only the information of the minor specified included in the report.
School officials should pay particular attention to this new exception to the Ohio Public Records Act as the exception is specifically related to school vehicles and is not limited to traffic accident reports themselves. Rather, the exception extends broadly to any record related to a traffic accident.
The Final Bill Analysis of Amended House Bill 8 can be found here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.