State ex rel. Brown v. Lemmerman, No. 2009-0948.

• Court: Ohio Supreme Court
• Writing for the Court: Per Curiam
• Citation: 2010 Ohio 137,921 N.E.2d 1049,124 Ohio St.3d 296
• Docket Number: No. 2009-0948.
• Decision Date: 26 January 2010
• Parties: The STATE ex rel. BROWN v. LEMMERMAN, Supt.

921 N.E.2d 1049 124 Ohio St.3d 296 2010-Ohio-137 The STATE ex rel. BROWN
v.
LEMMERMAN, Supt. No. 2009-0948. Supreme Court of Ohio. Submitted December 16, 2009. Decided January 26, 2010.

[921 N.E.2d 1050]

Frank C. Brown Jr., pro se.

Spengler Nathanson, P.L.L., Joan C. Szuberla, and Teresa L. Grigsby, Toledo, for respondent.

IN MANDAMUS

PER CURIAM.

124 Ohio St.3d 296

{¶ 1} This is an action for a writ of mandamus to compel a school district superintendent to provide copies of school records relating to certain children. Because relator has met his burden under the statute, we grant the writ.

Facts Requests for School Records

{¶ 2} Relator, Frank C. Brown Jr., is currently serving a 15-year prison term. Respondent, Cynthia A. Lemmerman, is the superintendent of Fostoria Community Schools. In September 2006, in his first records request, Brown requested that the superintendent provide him with copies of all school records relating to the following five children: Whitney Lynn Marie Boone, Frank Christopher Brown IV, Caleb Michael Brown, Garrett Neal Brown, and Alicia Kay Elaine Brown. Brown claimed that they are his children. A few days later, Lemmerman

124 Ohio St.3d 297

responded to Brown's request by providing him with all records held by the school district board of education relating to Whitney Lynn Marie Boone and Frank Christopher Brown IV from the date of their enrollment until their withdrawal from Fostoria Community Schools in 1997. Lemmerman also advised Brown that no records existed for the remaining three children and that Frank Christopher Brown IV and Caleb, Garrett, and Alicia Brown were enrolled in the Lakota School District.

{¶ 3} Brown then requested records related to the open enrollment of the children in the Lakota School District and contact information for that school district,

921 N.E.2d 1051

and Lemmerman provided him with the requested records and information.

{¶ 4} Sometime after Brown's 2006 records requests were made, Frank Christopher Brown IV, Caleb Michael Brown, Garrett Neal Brown, and Alicia Kay Elaine Brown became enrolled in Fostoria Community Schools. The school district's records were conflicting as to whether Brown was the father of the children. For example, a copy of the birth certificate for Frank Christopher Brown IV named Frank C. Brown III as his father instead of relator — Frank C. Brown Jr. Caleb's permanent record named Mark Collins as his father, and some records relating to Garrett and Alicia indicated that their father's name was simply Frank Brown.

{¶ 5} In July 2008, Brown requested that Lemmerman provide him with copies of school records relating to Frank Christopher Brown IV and Caleb, Garrett, and Alicia Brown. Brown claimed that he was requesting these records pursuant to the Family Educational Rights and Privacy Act ("FERPA"), Section 1232g, Title 20, U.S.Code, and R.C. 3319.321(B)(5)(a) and 3109.05(H)(1).¹ But this time, Lemmerman did not respond to Brown's request, because she felt that her duty to do so was unclear, given the conflicting evidence concerning his paternity of the children.

{¶ 6} Brown then sent a letter reiterating his records request and threatening Lemmerman by stating, "I suggest you speak to Lakota Superintendent, Rebecca Heimlich and see what I will do. Please do not make me involve the U.S. Dept. of Educ. I will expect all records held by this district in one week." The school district requested that Brown cease his correspondence. The prison ordered Brown to stop corresponding with or contacting the school district.

Mandamus Case

{¶ 7} In May 2009, Brown filed...