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.
January 21, 2003, read first time and referred to Committee on Education and Career
A BILL FOR AN ACT to amend the Indiana Code concerning
, 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
(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
(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.