TOLEDO, Ohio — In recent weeks, several school districts in the greater Toledo area have been in the news cycle for events that transpired within the districts.
Earlier this month in Michigan, Dundee Community Schools announced an investigation was underway due to allegations of hazing on the high school wrestling team. In Ohio, Perrysburg Schools made national headlines after a 24-year-old man allegedly posed as a 17-year-old and enrolled himself within the district.
While many in their respective communities are still waiting for answers, there are several legal reasons why additional details surrounding these investigations cannot be released to the public by the school districts.
Ohio public records law
Under the Ohio Public Records Act (ORC 149.43), all Ohio public school districts are considered public offices and are therefore required to make records available upon request. However, several exemptions to this law exist.
- Student personal records: Under the Family Educational Rights and Privacy Act (FERPA), districts cannot disclose personally identifiable information without written consent from the student or the student’s legal guardian. The school must redact the information or withhold it entirely to maintain federal FERPA compliance. This includes items like student ID numbers, student names, and anything else that directly identifies a student.
- Student educational records: FERPA also protects educational records, like transcripts and report cards, disciplinary records, class schedules, and special education documentation.
- Medical data: Additionally, FERPA protects student medical records, which are defined by Ohio law as “documents that pertain to a person’s medical history, diagnosis, condition, treatment or evaluation,” created by a licensed healthcare professional.
Despite the exemptions, anonymous statistics can be released under a records request. For example, an aggregated total of students who had the flu in a district can be released, as long as no personal data is released…