Introduced Version




SENATE BILL No. 471

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 20-10.1-22.4-3.

Synopsis: Disclosure of educational records. Requires a school corporation and certain other entities to release education records to a state or local juvenile justice agency under certain circumstances.

Effective: July 1, 2003.



Broden


    January 21, 2003, read first time and referred to Committee on Education and Career Development.




Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 471


    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 20-10.1-22.4-3 , AS ADDED BY P.L.254-2001, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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 Rights and Privacy Act (20 U.S.C. 1232g) apply may shall 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.