Q&A: School records in bullying case

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From Fox 59:

Q: We are investigating bullying on a school bus.  What rights to expulsion records or disciplinary records or reviews of coaches do we have a right to? We’ve asked for access to a tort civil suit.

A: You should be able to obtain a copy of the tort claim submitted to the school district.

Expulsion records would fall under FERPA, so don’t expect to get records.

If coaches on a school bus were disciplined to the level of suspension, termination or demotion, then you would have right to records from their personnel files that outline the discipline taken and the factual basis for the disciplinary action.

Ask for records of discipline to see if there’s any history of disciplinary action taken against any of the coaches for other issues. Job performance reviews can be kept confidential at the discretion of the school district.

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