The question for the second appellate court in Greene County to decide, as stated in the school’s attorney Tabitha Justice’s response to the complaint — “Do the federal and state statutes that protect student records expire upon the death of the student?”
Justice contends in her response there’s “no legal authority for the proposition that those statutory protections expire upon the death of the student.”
“Respondents reasonably believed that the denial of confidential educational records during a mass media feeding frenzy would serve the public policy reasons underlying the laws making educational records confidential,” Justice’s answer reads.
Presiding over the case are Judges Jeffrey M. Welbaum, Mary E. Donovan and Michael L. Tucker.
The judges granted the motion for the case to be expedited, which condenses the typical schedule to move the case along to resolution faster.
The judges will have to decide whether oral arguments are needed. The case schedule indicates the last required filing before the potential necessity for oral arguments is Sept. 5.
WBNS-TV in Columbus has subsequently filed a separate lawsuit seeking the same release of records.
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