Q: School giving out student information to a police withiit any parents or student concebt
As a witness of hearing a student carrying a gun
A:
Under California law, schools are permitted to disclose student information to law enforcement in certain circumstances, even without parental or student consent. This is an exception to the general rule of maintaining student privacy under the Family Educational Rights and Privacy Act (FERPA).
In the specific situation you described, where a witness has reported hearing a student carrying a gun, the school has a compelling interest in maintaining the safety of the school environment. Disclosing relevant student information to the police in this case would likely fall under the "health or safety emergency" exception to FERPA.
According to FERPA (34 CFR § 99.31(a)(10) and § 99.36), schools may disclose student information without consent if the school:
1. Determines that there is an articulable and significant threat to the health or safety of the student or other individuals; and
2. The information is necessary to protect the health or safety of the student or other individuals.
Furthermore, California Education Code Section 49076(a)(2)(A) allows schools to provide student records to law enforcement without parental consent or judicial order when the principal or their designee determines that the student has committed a crime on school grounds.
In summary, given the potential threat to school safety posed by a student carrying a gun, the school would likely be justified in disclosing relevant student information to the police without parental or student consent under both federal and California state laws.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.