NSBA Legal Clips
Archived entries for student records

Florida appellate court rules that student email complaining about professor’s classroom behavior and teaching methods was an education record protected from disclosure under FERPA

A Florida Appeals court has ruled that a college did not violate the state public records law by refusing to provide a professor with an unredacted copy of a student’s email complaining about the professor’s classroom behavior and teaching methods, because the email was protected under the Family Educational Rights and Privacy Act (FERPA).

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California district refuses to disclose discipinary records of accused school shooter

According to reports from local media outlet KGET 17, during a meeting with parents regarding a January 2013 school shooting, officials of the Taft Union High School District addressed the parents’ demand to know why the district refused to disclose the disciplinary records of Bryan Oliver, the accused shooter.

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Oklahoma education department posts online the records of students who filed appeals

The Tulsa World reports that the Oklahoma State Department of Education published online the educational records with personal information of 25 high school seniors.

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Massachusetts court upholds students’ suspensions for participating in hazing on school basketball team

A superior court judge has declined to strip suspensions from the school records of two freshmen disciplined in a hazing scandal involving Andover High School basketball players, says the Eagle-Tribune.

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California legislator introduces bill to prohibit public schools from issuing color-coded IDs based on students’ academic performance

California State Assemblyman Jose Solorio has introduced Assembly Bill (AB) 1166 in response to a program at Cypress High and Kennedy High in La Palma that required all students to carry identification cards and homework planners in one of three colors based on how well they performed on standardized tests, says the Orange County Register.

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Federal court in Alabama blocks advocacy group’s access to disciplinary records of current and former students

A federal judge has declined to order Alabama’s largest school system to give the Southern Poverty Law Center (SPLC) the discipline records of 109 current or former students whose parents objected to their disclosure, says the Press-Register.

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New Jersey appellate court determines parent entitled to attorney’s fees for student record obtained through state open records act; not entitled to staff notes

A New Jersey appellate court has held that a father who sought school records related to alleged bullying incidents in which his children were targeted is entitled to attorney’s fees under the the New Jersey Open Public Records Act (OPRA) with respect to one disciplinary document related to another student. The court denied the father’s request for access to notes prepared by school staff at the direction of the school board’s attorney, finding that they are privileged under the attorney work product doctrine, and the father had failed to show a “special need” that outweighed the board’s interest in maintaining confidentiality.

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Arizona school district to install video cameras in buses

Tucson Unified School District’s (TUSD) board has voted unanimously to install 300 video cameras on its school buses at a cost in excess of $625,000, says the Arizona Daily Star. The board believes the cameras will reduce student disruptions, negative behavior and vandalism on buses.

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U.S. Department of Education issues proposed changes to privacy regulations

The U.S. Department of Education (ED) has issued a notice of proposed rulemaking regarding the Family Educational Rights and Privacy Act (FERPA). These proposed rules, which would amend existing FERPA regulations, are now subject to public comment. According to ED, the proposed regulations would “give states the flexibility to share data to ensure that taxpayer funds are invested wisely in effective programs.”

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School employees violated student’s constitutional right to privacy by releasing poorly-redacted psychiatric evaluation to class of 11-graders

A federal district court in New Jersey has decided that a social worker and special education instructor employed by the school board are liable for violating a high school student’s federal and state constitutional right to privacy. After dismissing claims against the school board and other school officials, the court determined that the two individuals had acted intentionally in disclosing the student’s confidential psychiatric evaluation to a class of 11-grade students, making them liable both for the constitutional violations and for negligence.

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