In the case of State ex rel. CNN, Inc. v. Bellbrook-Sugarcreek Local Sch., 2nd Dist. Greene No. 2019CA0047, 2019-Ohio-4187, an Ohio appellate court held that confidential student records under Ohio’s Student Privacy Act (“OSPA”) – i.e., R.C. 3319.321 – do not become public records because the student whom the student records concern dies.
In this case, a news agency made a public records request requesting that a school provide the school records of a former student who died while committing a mass shooting. The school denied the request citing that the student records were not public records under R.C. 149.43 because the student records were confidential under OSPA. The news agency petitioned for a writ of mandamus to attempt to receive the student records.
The Ohio appellate court held that the death of an adult student does not make student records under OSPA public because OSPA stipulates such records can only be released upon the consent of the student.
To read this case, click 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 always changing like the 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.