A Local Distinction: State Education Privacy Laws for Public Schoolchildren

Abstract:     
State privacy laws have often proved more effective at protecting the privacy rights of public schoolchildren than the U.S. Constitution. At least three reasons account for this: 1) many states have created affirmative rights to privacy; 2) states are more likely to protect their individual citizens' right to privacy; and 3) state privacy statutes are more likely to be privately enforceable. This Article explores the ways in which states will protect their children through constitutional measures, specific types of state privacy acts, and exemptions to state sunshine laws. Students will find greater shelter in their own backyard rather than attempting to protect their rights under the Constitution. Thus, this state-created niche is becoming more critical as school administrators become less and less sensitive to the privacy rights of children.

Keywords: privacy, children, public schools, education, sunshine laws, FERPA

Accepted Paper Series