36 under ferpa an educational agency has the

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).

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).