Opinion No. (2001)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE MICHAEL RAMSEY, DISTRICT ATTORNEY, COUNTY OF BUTTE, has requested an opinion on the following question: May a school district, without issuance of a subpoena or court order or parental consent, allow the district attorney to view a videotape of an assault upon a student by another student that was recorded on the security camera of a school bus? CONCLUSION A school district may, without issuance of a subpoena or court order or parental consent, allow the district attorney to view a videotape of an assault upon a student by another student that was recorded on the security camera of a school bus, depending upon the particular circumstances. ANALYSIS Recently a student assaulted another student on a school bus. The attack was recorded on the security video camera located inside the bus. The district attorney has requested to view the videotape before determining whether criminal charges should be filed, juvenile justice system proceedings should be instituted, or some other alternative program should be considered in dealing with the student assault. May the school district release the videotape to…