ANDERSON TOWNSHIP, Ohio — The Forest Hills School District is asking the Ohio Supreme Court to dismiss a lawsuit filed over redactions the district made while responding to a public records request for its Immigration and Customs Enforcement response plan.
The lawsuit claims the school district has violated its legal duties in refusing to produce the public records document. The district, in a court filing, said making the redactions was within its legal right.
The plaintiff in the case, Lisa Daly, is a resident of the school district and previously had children graduate from Forest Hills schools, according to her attorney, Curt Hartman.
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Hartman filed the suit on Daly's behalf, asking the court to compel the district to release the entire plan.
The lawsuit stems from a public records request Hartman made earlier this year for the ICE response plan. In fulfilling the request, Hartman said the district sent back a redacted version of the document.
"Nearly half of it was redacted or blackened out so you could not see it," he said. "With the school district claiming that it constitutes a quote, unquote security record under state law."
Under state law, a security record is not subject to mandatory disclosure if it contains information directly used for maintaining the security of a school against attack, interference or sabotage. The same conditions apply to records protecting against acts of terrorism, per the statute, Ohio Revised Code 149.433.
In an email response to the records request, the district director of communication wrote, "Please note that redactions have been made for information that is considered a security record and is exempt from disclosure pursuant to Ohio Revised Code 149.433."
Hartman said the district incorrectly cited the state law in this case.
"If they're invoking this state law that says we can withhold this information from you, dealing with terrorism, dealing with sabotage attacks or interference," Hartman said. "The only implication, or only reasonable conclusion one can reach is, yeah, the school district is equating law enforcement officers to terrorists to saboteurs, etc."
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In a Monday court filing, the district said Hartman's claim is not true.
An attorney for the school board of education and FHSD Treasurer Alana Cropper said the district never suggested or claimed that ICE action should be considered "acts of terrorism" or that federal law enforcement officers should be considered "terrorists."
"Rather, the district explained the ICE response plan was for the purpose of safety and security for students and staff, for protecting and maintaining the educational environments from interference and redactions were legitimate under (state law)," the attorney said.
In a statement, district spokesperson Josh Bazan said the district is confident the redactions it made were legitimate under law and done to keep students and staff safe and secure.
"FHSD recognizes the importance of the public records process and always works diligently to respond to requests appropriately, legally and with transparency to our community," he said.
Hartman said he plans to file a response to the district's motion to dismiss in the coming days.
