It seemed like a common threat from parents and teachers: “This will end up on your permanent record.†So we worried about every report card, doctors’ note, and detention slip, wondering who would have access to it later. And whether you pictured a complete list of absences and demerits clipped in a manila folder in a school filing cabinet or saw all your grades and test scores being typed into an online database, you might be a little concerned about your grade school mistakes seeing the light of day.
Lucky for you, Aloha State statutes limit who can have access to your educational history. This is a quick introduction to privacy of school records laws in Hawaii.
General School Records Laws
State privacy of school records laws generally restrict access to school records to parents and school personnel, although they may function a little differently depending on where you live. In addition, the federal Family Educational Rights and Privacy Act (FERPA) also ensures that school records are confidential and has requirements for anyone requesting student records. Hawaii’s school records laws do allow authorized police officers to have access to student attendance records.
Privacy of School Records Laws in Hawaii
Hawaii's privacy of school records statutes are listed below.
| Code Section | Hawaii Revised Statutes 302A-1137: Attendance Records |
| Who Has Access to School Records? | Parents or guardians of child under 18; authorized police officers have access to attendance records of student |
| Penalty for Violation of School Record Privacy Laws | - |
Right to Privacy in Schools
While we all have a general right to privacy and to be free from unreasonable intrusions into personal matters, this protection is lessened for students in a school setting. For the most part, student privacy rights only apply to admissions information, conduct reports, and education records, and any unauthorized disclosure of a student’s personal information is prohibited.
However, the majority of states recognize school administrators’ right to know about and control the school environment in order to ensure the safety of other students and members of the community. Therefore, limited physical searches of lockers, backpacks, and handbags are normally allowed.
Related Resources for Privacy of School Records Laws in Hawaii
State student privacy laws, and how they interact with federal privacy laws, can be confusing. You can consult with an experienced Hawaii education attorney in your area if you would like legal help with a school records matter. And FindLaw’s section on School Privacy can provide you with further reading and resources on this topic.
