36 Under FERPA an educational agency has the discretionary authori ty to

36 under ferpa an educational agency has the

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36 Under FERPA, an educational agency has the discretionary authori- ty to release disciplinary records for conduct that posed a significant risk to the safety or well being of the student, other students, or other mem- bers of the school community. 37 Educational agencies may also disclose such information to teachers and school officials in other schools who have legitimate educational interests in the behavior of the student. 38 Integration Between Schools and Law Enforcement 65 34. FERPA Regulations § 99.8. 35. 20 U.S.C. §1232(g)(a)(4)(B)(ii). 36.The Family Policy Compliance Office within the Office of Management (U.S. Department of Education) enforces FERPA. 37. 20 U.S.C. § 1232g(7)(B)(h)(1). 38. 20 U.S.C. § 1232g(7)(B)(h)(2).
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SEARCH AND SEIZURE IN THE EDUCATIONAL SETTING RIGHTS OF STUDENTS AND THE FOURTH AMENDMENT The Supreme Court has emphasized the need of school officials, con- sistent with fundamental constitutional safeguards, to set rules and con- trol conduct in the schools. 39 Although the Court has acknowledged that public schools have broad authority to adopt and enforce disciplinary rules, such authority must be exercised consistently with constitutional safeguards. 40 Given the school’s need to impose discipline for a wide range of dis- ruptive behavior, school disciplinary rules need not be as detailed as criminal codes. 41 The Supreme Court has recognized that “maintaining security and order in the school requires a certain degree of flexibility in school disciplinary procedures.” 42 DIFFERING STANDARDS FOR SCHOOL OFFICIALS AND LAW ENFORCEMENT In New Jersey v. T.L.O. , 43 the United States Supreme Court held that the Fourth Amendment does apply to students in public schools, and students do have legitimate expectations of privacy in the school set- ting. It has been made quite clear by the Supreme Court that students do not leave their rights at the schoolhouse door. Although they have a lesser expectation of privacy than the general population, they retain an expectation of privacy when they enter school grounds. In Tinker v. Des Moines Indep. Cmty Sch. Dist. , 44 the United States Supreme Court stated 66 Gangs and Law Enforcement 39. Tinker v. Des Moines Independent Community School Dist. , 393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d 731 (1969). 40. Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725 (1975). 41. Bethel School Dist. No. 403 v. Fraser , 478 U.S. 675, 106 S. Ct. 3159, 92 L. Ed. 2d 549, 32 Ed. Law Rep. 1243 (1986). 42. New Jersey v. T.L.O. , 469 U.S. 325, 340, 105 S. Ct. 733, 83 L. Ed. 2d 720, 21 Ed. Law Rep. 1122 (1985). 43. New Jersey v. T.L.O. , 469 US. 325, 340, 105 S. Ct. 733, 83 L. Ed. 2d 720, 21 Ed. Law Rep. 1122 (1985). See also Bethel School Dist. No. 403 v. Fraser , 478 U.S. 675, 106 S. Ct. 3159, 92 L. Ed. 2d 549, 32 Ed. Law Rep. 1243 (1986); Goss v. Lopez , 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725 (1975); Tinker v. Des Moines Independent Community School Dist. , 393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d 732 (1969); Hazelwood School Dist. v. Kulmeier , 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592, 43 Ed. Law Rep. 515 (1988).
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