Rim of the World Unified Sch. Dist. v. Super. Ct.

104 Cal. App. 4th 1393 (2002) ; Clearinghouse Number: 55115

Description

Federal Law, Preempting California Law, Prohibits School District from Disclosing Student Expulsion Records to Public upon Request

Abstract

The California appellate court held that the federal Family Educational Rights and Privacy Act prohibited school district from disclosing its records of student expulsions to the public upon request and preempted state law to the contrary. Real party in interest made a request under the California public records act to review certain expulsion documents; he also relied on a state education code section stating that such records were nonprivileged, disclosable public records and on an attorney-general opinion allowing disclosure of student names and reasons for expulsions. Petitioner school district denied the request twice, first because disclosure would be an unwarranted invasion of privacy under a state government code section and later based on federal law stating that unauthorized disclosure of student records might lead to loss of federal funding. Real party in interest filed a petition seeking access to the records, and petitioner opposed it. The appellate court, disagreeing with petitioner, found a genuine conflict between state and federal law; California law mandated that student expulsion records be publicly disclosed on demand while the federal Family Educational Rights and Privacy Act prohibited educational institutions from receiving federal funds unless they safeguarded education records in a prescribed manner.

Additional Information

Attorney Information
Docket Date
2002-12-31 00:00:00+00:00

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