A coalition of media organizations filed suit in Ohio state court on August 9 demanding access to the education records of deceased Dayton, Ohio mass shooter Connor Betts.

The media seeks access to records in the custody of the Bellbrook-Sugarcreek School District documenting "troubling warning signs" described by Betts's classmates as well as "any other incident reports, disciplinary actions and other related records."

The district denied the media's request based on the federal Family Educational Rights and Privacy Act and its state counterpart, the Ohio Student Privacy Act, indicating that the records would not be disclosed without a court order.

The Family Policy Compliance Office of the U.S. Department of Education issued a letter in 2009 stating that "the Department interprets FERPA rights of eligible students to lapse or expire upon the death of the student. Therefore, FERPA would not protect the education records of a deceased eligible student (i.e., a student 18 years or older or in college at any age). An educational agency or institution may disclose such records at its discretion or consistent with state law."

https://studentprivacy.ed.gov/faq/does-ferpa-protect-education-records-…

This interpretation of FERPA "is consistent with common law principles."

The Kentucky Family Education Rights and Privacy Act follows the federal law in virtually all particulars. Ohio's Student Privacy Act contains more variations. But neither the federal education records law nor either of the states' counterparts directly address rights of access to eligible students' education records after death.

http://codes.ohio.gov/orc/3319.321

Anecdotally, a Jefferson County Public School official once described the district's efforts to fulfill requests for education records relating to Muhammad Ali after his death. Kentucky — or at least it's largest school district — apparently follows the federal directive which, in turn, follows the common law principle that privacy rights lapse at death.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=3814

The Bellbrook-Sugarcreek School District's position is thus contrary to the weight of legal authority.