Media ask court to make public Dayton gunman’s records from school

State and federal laws governing the privacy of educational records should not prevent an Ohio school district from releasing records about the man who gunned down nine people in Dayton last August, at attorney representing several media groups told the Ohio Supreme Court Wednesday.

The groups, including The Associated Press, argue the student records could provide information on whether authorities properly handled early warning signs from slain gunman Connor Betts.

Nothing in the federal student privacy law protects the rights of a former student who dies as an adult, and neither does an Ohio law meant to align state legislation with that federal act, Erin Rhinehart, who represents the media, told the court in oral arguments conducted via video conferencing because of the coronavirus pandemic.

The Bellbrook-Sugarcreek Local Schools district argues Betts’ records are protected by those state and federal privacy laws. But unless the district can show some kind of exception applies in this case, “they must supply the records,” Rhinehart said.

The U.S. Department of Education has interpreted the federal law to mean students’ privacy rights end if they die, as do legal interpretations in other states, she added. Those include opinions backing the release of student records posthumously by attorneys general in several states including Kentucky, Oregon, Texas and Utah.

A decision by the high court is not expected for weeks

Betts was killed by police half a minute after he opened fire Aug. 4 in Dayton’s crowded Oregon District entertainment area. Armed with an AR-15 style gun with an extended ammunition magazine, Betts still killed nine people, including his sister, and wounded dozens more.