36Under FERPA, an educational agency has the discretionary authori-ty to release disciplinary records for conduct that posed a significant riskto the safety or well being of the student, other students, or other mem-bers of the school community.37Educational agencies may also disclosesuch information to teachers and school officials in other schools whohave legitimate educational interests in the behavior of the student.38Integration Between Schools and Law Enforcement6534. 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 ofEducation) enforces FERPA.37.20 U.S.C. § 1232g(7)(B)(h)(1).38. 20 U.S.C. § 1232g(7)(B)(h)(2).
SEARCH AND SEIZURE IN THE EDUCATIONAL SETTINGRIGHTS OF STUDENTS AND THE FOURTH AMENDMENTThe 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.39Although the Court has acknowledged thatpublic schools have broad authority to adopt and enforce disciplinaryrules, such authority must be exercised consistently with constitutionalsafeguards.40Given the school’s need to impose discipline for a wide range of dis-ruptive behavior, school disciplinary rules need not be as detailed ascriminal codes.41The Supreme Court has recognized that “maintainingsecurity and order in the school requires a certain degree of flexibilityin school disciplinary procedures.”42DIFFERING STANDARDS FOR SCHOOL OFFICIALS AND LAW ENFORCEMENTIn New Jersey v. T.L.O.,43the United States Supreme Court held thatthe Fourth Amendment does apply to students in public schools, andstudents do have legitimate expectations of privacy in the school set-ting. It has been made quite clear by the Supreme Court that studentsdo not leave their rights at the schoolhouse door. Although they have alesser expectation of privacy than the general population, they retain anexpectation of privacy when they enter school grounds. In Tinker v. DesMoines Indep. Cmty Sch. Dist.,44the United States Supreme Court stated66Gangs and Law Enforcement39.Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d731 (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. LawRep. 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. 2d549, 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. 2d592, 43 Ed. Law Rep. 515 (1988).