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My son trusted the school resource officer with personal information that was repeated to others

My son trusted the school resource officer with personal information that was repeated to others

Full question:

Can a resource officer at a school tell information to a school's assistant principle if the information was promised not to be told to anyone by a county police officer? Then, that information was told to several teachers and was even mentioned in one teachers class that my son was busted last night, although no drugs were found. Now the school is telling him that he is not allowed to play baseball his junior year. Does he have any rights as a minor? Do we have any legal rights for your son?

Category: Schools
Date: 04/07/2025
State: National

Answer:

Arrest records are public records. They may include detailed information about the person arrested, the incident leading to the arrest and the victim. These records can be closed if their release would endanger an ongoing investigation or public safety. If the person arrested is found innocent of the charges, he or she may ask to have the record sealed and claim they have never been arrested.

There isn't a right to privacy attached to public records. Those who promise not to share the information may be under a moral obligation, but not a legal obligation, not to share what is a matter of public record.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Which scenarios are a violation of FERPA?

FERPA violations occur when a school discloses a student's educational records without consent, except in specific exceptions. Examples include sharing grades, disciplinary records, or personal information with unauthorized individuals. If a school resource officer shares confidential information about a student’s disciplinary issues with teachers or other school staff without consent, it may violate FERPA. Schools must ensure that student information is protected and only shared in accordance with FERPA regulations.

How effective are school resource officers?

School resource officers (SROs) can be effective in enhancing school safety and fostering positive relationships between law enforcement and students. They help prevent crime, respond to incidents, and provide guidance on legal matters. However, their effectiveness can depend on training, community relations, and the policies governing their roles. Clear communication and collaboration with school officials are crucial for SROs to function effectively.

What would be considered a FERPA violation?

A FERPA violation occurs when a school improperly discloses a student's personally identifiable information without consent. This can include sharing grades, disciplinary actions, or health records with unauthorized individuals. For instance, if a school resource officer shares a student's arrest details with teachers without the student's consent, it may constitute a FERPA violation. Schools must protect student privacy in compliance with FERPA regulations.

Is a school resource officer an actual police officer?

Yes, a school resource officer (SRO) is typically a sworn law enforcement officer assigned to a school. They are trained to handle law enforcement duties while also focusing on building relationships with students and staff. SROs often provide safety education and support to the school community while maintaining a law enforcement presence.

What is the school official exception to FERPA?

The school official exception under FERPA allows schools to disclose student information without consent to certain individuals who have a legitimate educational interest. This includes school officials, teachers, and staff who need access to student records to perform their job duties. However, this exception does not permit sharing information with individuals who do not have a legitimate educational purpose.