The Columbus Dispatch

School system not faulted

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Assistant Public Defender Erin Veit talks with school shooting suspect Nikolas Cruz during a hearing Friday in Fort Lauderdale, Fla.

psychologi­cal problems. Scherer said all of Cruz’s actual educationa­l records are among 27 pages of redacted material exempt from disclosure.

Attorneys for media organizati­ons argued the report had to be disclosed under Florida’s broad publicreco­rds laws.

Cruz, 19, faces the death penalty if convicted of 17 counts of murder and 17 counts of attempted murder in the Feb. 14 massacre at Marjory Stoneman Douglas High School.

The report focused on two instances during Cruz’s schooling in which state law or the federal Individual­s with Disabiliti­es Education Act was not followed. These involved a requiremen­t that consent be obtained from either a parent or an adult student before

placement in an alternativ­e school and an improper response by school officials when Cruz requested special services after having them revoked several months earlier.

The exact details of these violations were not provided, but the report makes recommenda­tions on such things as training to make sure the proper procedures are followed and considerin­g “all possible scenarios” in what can be emotionall­y charged meetings. A number of other general recommenda­tions for improvemen­t of the handling of students like Cruz were also listed.

Defense attorney David Frankel said the independen­t report appears crafted to defend against civil claims filed by victims’ families, by attempting to show that Cruz’s

mental problems did not rise to a level that caused great concern.

School board attorney Debra Klauber said officials there believe the report is public record that should be released but took no position on its implicatio­ns for Cruz’s trial. Media attorney Dana McElroy said it does not qualify for any of the exemptions that apply in a criminal case.

The Cruz school report is the latest of several court battles involving media organizati­ons, the school board, prosecutor­s and defense lawyers over release of evidence and other material related to the mass shooting. Previous requests to unseal video showing the law enforcemen­t response outside the school and Cruz’s post-arrest statement to detectives are under appeal.

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