Could a South Carolina school deny library or cafeteria access to students who would not disclose Social Security numbers?

Plain-English summary

In a 1996 informal letter, an assistant deputy attorney general addressed student ID cards displaying Social Security numbers. The senator said students needed the cards for library access and cafeteria purchases. The author relied on a federal privacy provision barring government agencies from denying a legal right, benefit, or privilege because a person refused to disclose a Social Security number, subject to specified exceptions. He knew of no applicable exception on the supplied facts and concluded that the district did not appear authorized to deny library or cafeteria access to a student who refused disclosure.

The author said he had not researched every federal regulation that might apply to matters such as school lunch programs. He also answered a separate question about computerized student records: he knew of no authority prohibiting a school district from maintaining permissible student records by computer. The letter did not approve every possible use or display of a student's number.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could the district deny library access if a student refused to disclose a Social Security number?
A: The author said it did not appear to have that authority unless it could identify an applicable exception to the federal rule.

Q: Did the same answer cover cafeteria access?
A: Yes. The letter expressly addressed both library and cafeteria access on the facts supplied.

Q: Did the opinion rule out every possible exception?
A: No. The author said he was unaware of one here and had not researched all potentially relevant federal regulations.

Q: Could the district maintain student records on a computer?
A: The author knew of no authority forbidding computerized storage of otherwise permissible records.

Background and statutory framework

The senator asked about ID cards that displayed students' Social Security numbers and about a computer system for student information. The author cited 5 U.S.C. 552a as barring denial of a legal benefit because of refusal to disclose a number, while acknowledging exceptions in the provision. He applied that rule to access to school facilities and kept his separate computer-records answer narrow.

This was an informal opinion signed by an assistant deputy attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• Federal privacy provision discussed: 5 U.S.C. 552a.

Official title

Requesting advice as to whether a school district may require its students to use student identification cards which display their social security numbers.

Requester

The Honorable Michael L. Fair, Senator, Greenville County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-6-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/1996/12/001486271.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON

ATTORNEY GENERAL

December 6, 1996

The Honorable Michael L. Fair
Senator, Greenville County
501 Gressette Senate Office Building
P.O . Box 142
Columbia, SC 29202
Dear Mike:
You have requested the advice of this Off ice as to whether a school district may require its students to use student identification cards which display their social security numbers . According to the information that you have provided, the cards are required for access to the library and for the purchase of food in the cafeteria. The enclosed prior informal opinion of an attorney in our Office appears to apply here . (July S, 1996 } . That let ter addressed the federal privacy law at 5 U.S.C. 552a which makes unlawful a Federal , State or local government agency's denial of a " ... right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number . " Exceptions are made where required by federal law or when required by State or local regulation. prior to January 1, 1975. I am not aware of the applicability of aily such exceptions to the circumstances that you have described. i Accordingly, in _the absence of any such exceptions which could be identified by the school district, the district does not appear to have the authority to deny library or cafeteria access to a student refusing to disclose his or her social security number.

1

I have not researched all federal regulat i ons concerning matters such as the school lunch program, but if any such exceptions were contained in such regulations, the school district should be aware of them or be able to obtain them .

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The Honorable Michael L. Fair
Page 2
December 6, 1996
You have also asked what policy sets up an II identification computer system" to accumulate information on student.a. I am not aware of any authority that would prohibit a school district from maintaining permissible student records by computer. If you have particular questions regarding this matter, please let me know. This letter is an informal opinion. It has ·been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to ·the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion.
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I hope that this information is of assistance to you.

If you

have any questions or need further assistance, please let me know . truly,

h, Jr.

uty Attorney General
JESjr

CC:

The Honorable Michael L. Fair
P.O. Box 14632

Greenville, SC 29610