Could an individual South Carolina school board member access student records under FERPA?

Plain-English summary

A South Carolina superintendent asked whether an individual school board member’s broad access to district records included student records protected by federal education-privacy law. In March 2002, the AG said individual members could obtain student records only where the school board had determined they possessed a legitimate educational interest. He said that normally required some delegation of authority by the board to the member or members. The board as a body had access as head of the district.

The opinion distinguished ordinary district records from material whose disclosure federal law restricted. It quoted the federal regulation allowing disclosure without consent to school officials whom the agency or institution determined had legitimate educational interests. The reproduced source uses inconsistent, apparently garbled citations to the federal statute; this summary relies on the quoted regulatory rule.

Currency note

This opinion was issued in 2002. 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.

Historical summary

Individual board members

The AG reiterated that members generally could request school-district records. For student records, he said an individual member required a board determination of legitimate educational interest, typically through delegated authority.

School districts and boards

The letter treated the board as a body as head of the educational agency with access to student records, while requiring a separate determination for an individual member.

Common questions

Could one board member inspect every student file solely by virtue of office? A: The AG said no; the board had to determine that the member had a legitimate educational interest for student-record access.

Was the same limit stated for ordinary financial records? A: The opinion emphasized broad access to district records generally and identified federal student-record privacy as a limit.

Could the full board access student records?
A: The AG said the board as a body had access as head of the school district.

Background and statutory framework

The AG reconciled earlier office advice on board members’ broad record access with the federal student-record disclosure rule. He quoted 34 C.F.R. §99.31, which permitted disclosure to school officials whom the agency had determined possessed a legitimate educational interest.

Citations and references

• 34 C.F.R. §99.31: federal education-record disclosure regulation quoted by the AG.

Official title

Asking whether the Family Education and Privacy Rights Law (20 U.S.C. § 1232(2)) [Buckley Amendment] prohibits an individual school board member from having access to student records, as distinguished from other records (such as financial records, personnel records) of the District.

Requester

Dr. Phillip J. McDaniel, Superintendent, Rock Hill School District

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-12-2002/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02march12mcdaniel.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON

March 12, 2002

ATIORNEY GENERAL

Dr. Phillip J. McDaniel
Superintendent, Rock Hill School District
P. 0. Drawer 10072
Rock Hill, South Carolina 29731
Dear Dr. McDaniel:
You have asked us to clarify an opinion of this Office dated June 7, 2001. In that opinion, we recognized that an individual school board member has "access to all records of the School District." You wish to know whether the Family Education and Privacy Rights Law (20 U.S.C. § 1232(9)) [Buckley Amendment] prohibits an individual school board member from having access to student records, as distinguished from other records (such as financial records, personnel records) of the District.

Law I Analysis
Consistent with the June ·7, 2001 opinion, an earlier opinion of former Attorney General Medlock, see Op. Atty. Gen. Op. No. 83-10 (April 6, 1983) concluded that "School Trustees in Greenville County should have broad authority to request production of school records by virtue of their position of authority as to school affairs as well as under the Freedom oflnformation Act." The 1983 Opinion of former Attorney General Medlock referenced Op. Atty. Gen., Op. No. 77-227 (July 21, 1997), an opinion of former Attorney General Daniel R. McLeod, which had stated that a school board trustee "as a member of the governing board of the school district, has the authority to require the production of any and all records of the school district pertaining to its affairs for the reason that, as a member of the board, he has the duty and responsibility of managing and controlling the affairs of that school district." However, the 1983 opinion also contained limitations upon the broad authority of a school board member to have access to school records. The opinion further commented that the general authority, cited by General McLeod, which supported access of an individual board member to school records generally, "may not extend to matters barred from disclosure." In that light, we noted that "the Buckley Amendment (20 U.S.C. § 1232 G(b)(l)) prohibits release of student records to school officials within the agency except those who have legitimate educational interests in the records."

REMBERT C. DENNIS BUILDING

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POST OFFICE Box 11549

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COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

Dr. McDaniel
Page2
March 12, 2002

Implementing regulations concerning the privacy requirements of the Buckley Amendment and exceptions thereto are found at 34 C.F.R. §99.31. Such Regulation provides as follows: 99 .31 Under what conditions is prior consent not required to disclose information? (A) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by § 99.30 if the disclosure meets one or more of the following conditions:

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(1)
The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests .. .. (emphasis added). It would appear that the opinions of former Attorneys General McLeod and Medlock are controlling with respect to this situation. Undoubtedly, each member of a school board possesses "broad authority to request production of school records .... " However, such authority "may not extend to matters barred by disclosure" such as the situation where records are made private pursuant to federal law. Specifically, the federal Buckley Amendment and its implementing regulations require that the agency or institution must have determined that an individual Board member possesses "legitimate educational interests" justifying disclosure of student records. Such would mean that, in the context of a School Board, the Board has made the determination that an individual Board member possesses the requisite "legitimate educational interests" to obtain access to student records. Typically, such would occur through some type of delegation of authority by the Board to an individual Board member or members. Thus, consistent with the Opinion of former Attorney General Medlock, such delegation must necessarily occur to provide a Board member or members access to student records. Of course, the Board as a body would have such access as the head of the educational "agency," in this instance, the school district. See, 1980 WL 101603 (Va.A.G., June 12, 1980). Very truly yours,

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Assistant Deputy Attorney General

RDC/an