Q&A: IHSAA records


From the South Bend Tribune:

Q: We had a story here where a wrestler who transferred from Penn to Mishawaka High School was denied eligibility to wrestle his senior year. A lot of the denial by IHSAA and the review board was based on a packet of photos and video from what the IHSAA characterized as “a trustworthy source” but it was not disclosed to our correspondent. Is the IHSAA subject to disclosure as far as factual basis for a decision?

A: The IHSAA is a private entity not subject to the state’s public access laws, so they can release or hold whatever records they choose. If you don’t get satisfaction from them you can try the schools involved to see what records they received from the IHSAA, which would then become public records.

They might raise the federal Family Education Rights and Privacy Act (FERPA) as a shield though. As to disclosure to the family and child, I don’t know what policy the IHSAA has as to records release to subjects of their decisions. You might check with schools or IHSAA to see if they have a document that outlines the IHSAA procedure on these investigations and decisions.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.