An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

 The policy should include an educational component that provides for students to receive instruction in the dangers of drug and alcohol use and abuse.  Students and their parents should sign the policy and consent form as a condition of participating in the activity covered by the policy.

As with employees, student handbooks and related documents may limit students’ reasonable expectation of privacy. Schools may not drug test students without consent or a clear policy.

LCW Practice Advisor

2. S EARCHES S TRICTLY P ROHIBITED B Y C ALIFORNIA E DUCATION C ODE S ECTION 49050 Certain types of searches are strictly prohibited by the California Education Code. Under California Education Code section 49050, no “school employee” may conduct a search of a student that involves:  Conducting a body cavity search of a student manually or with an instrument; or

 Removing or arranging any or all of the clothing of a student to permit a visual inspection of the underclothing, breast, buttocks, or genitalia of the student. 1748

C. M ONITORING O F E LECTRONIC C OMMUNICATIONS The advent of new forms of advanced communications technology has created a myriad of legal questions for employers. School monitoring of and access to voice and electronic mail, pagers, and text messages created and sent by employees and students present significant privacy issues. Particularly in the case of employees, who use employer issued communications devices, such as cellular telephones and computers to send both personal and business-related messages, a host of legal questions arise. D. A PPLICABLE F EDERAL L AW

1. F EDERAL S TATUTES P ROHIBIT I NTERCEPTION O F E LECTRONIC T RANSMISSIONS

The Federal Crime Control and Safe Streets Act of 1968 (“Wiretap Act”) 1749 makes it illegal to intentionally intercept any wire, oral or electronic communication without consent. The Electronic Communications Privacy Act (“ECPA”) of 1986 amended the 1968 Wiretap Act. Section 2511 of the Act prohibits intentional interception of electronic communications and disclosure or use of intercepted electronic communications during transmission (before the communication is open or stored). 1750 Subsequent case law requires the showing of a federal

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 392