HB 1469-3_ Filed 04/10/2001, 15:41

SENATE MOTION


MR. PRESIDENT:

    I move that Engrossed House Bill 1469 be amended to read as follows:

    Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
"SECTION 1. IC 20-10.1-22.4-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) As used in this section, "juvenile justice agency" has the meaning set forth in IC 5-2-5.1-6.
    (b) A school corporation or other entity to which the education records privacy provisions of the federal Family Educational and Privacy Rights Act (20 U.S.C. 1232g) apply may disclose or report on the education records of a child, including personally identifiable information contained in the education records, without the consent of the child's parent, guardian, or custodian, under the following conditions:
         (1) The disclosure or reporting of education records is to a state or local juvenile justice agency.
        (2) The disclosure or reporting relates to the ability of the juvenile justice system to serve, before adjudication, the student whose records are being released.
        (3) The juvenile justice agency receiving the information certifies, in writing, to the entity providing the information that the agency or individual receiving the information has agreed not to disclose it to a third party, other than another juvenile justice agency, without the consent of the child's parent, guardian, or custodian.

     (c) For purposes of subsection (b)(2), a disclosure or reporting of education records concerning a child who has been adjudicated as a delinquent child shall be treated as related to the ability of the juvenile justice system to serve the child before adjudication if the juvenile justice agency seeking the information provides sufficient

information to enable the keeper of the education records to determine that the juvenile justice agency seeks the information in order to identify and intervene with the child as a juvenile at risk of delinquency rather than to obtain information solely related to supervision of the child as an adjudicated delinquent child.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1469 as printed March 23, 2001.)


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Senator LUBBERS


RS 146901/DI jhm
2001