CS for CS for SB 1058                      First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20101058e1
       
    1                        A bill to be entitled                      
    2         An act relating to the cooperation between schools and
    3         juvenile authorities; amending s. 985.04, F.S.;
    4         requiring that specified school personnel be notified
    5         when a child of any age is formally charged by a state
    6         attorney with a felony or a delinquent act that would
    7         be a felony if committed by an adult and the
    8         disposition of the charges; amending s. 1002.221,
    9         F.S.; authorizing certain entities to release a
   10         student’s education records without consent of the
   11         student or parent to parties to an interagency
   12         agreement for specified purposes; providing that
   13         without consent such information is inadmissible in a
   14         court proceeding before a dispositional hearing;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (b) of subsection (4) of section
   20  985.04, Florida Statutes, is amended to read:
   21         985.04 Oaths; records; confidential information.—
   22         (4)
   23         (b) Notwithstanding paragraph (a) or any other provision of
   24  this section, when a child of any age is formally charged by a
   25  state attorney with a felony or a delinquent act that would be a
   26  felony if committed by an adult, the state attorney shall notify
   27  the superintendent of the child’s school that the child has been
   28  charged with such felony or delinquent act. The information
   29  obtained by the superintendent of schools under this section
   30  must be released within 48 hours after receipt to appropriate
   31  school personnel, including the principal of the school of the
   32  child and the director of transportation. The principal must
   33  immediately notify the child’s immediate classroom teachers, the
   34  child’s assigned bus driver, and any other school personnel
   35  whose duties include direct supervision of the child. Upon
   36  notification, the principal is authorized to begin disciplinary
   37  actions under s. 1006.09(1)-(4). The superintendent must also be
   38  notified and must notify the other school personnel whose duties
   39  include direct supervision of the child of the disposition of
   40  the charges against the child.
   41         Section 2. Subsection (2) of section 1002.221, Florida
   42  Statutes, is amended to read:
   43         1002.221 K-12 education records.—
   44         (2)(a) An agency, as defined in s. 1002.22(1)(a), or a
   45  public school, center, institution, or other entity that is part
   46  of Florida’s education system under s. 1000.04(1), (3), or (4),
   47  may not release a student’s education records without the
   48  written consent of the student or parent to any individual,
   49  agency, or organization, except in accordance with and as
   50  permitted by the FERPA. Education records released by an agency,
   51  as defined in s. 1002.22(1)(a), or by a public school, center,
   52  institution, or other entity that is part of Florida’s education
   53  system under s. 1000.04(1), (3), or (4), to the Auditor General
   54  or the Office of Program Policy Analysis and Government
   55  Accountability, which are necessary for such agencies to perform
   56  their official duties and responsibilities, shall be used and
   57  maintained by the Auditor General and the Office of Program
   58  Policy Analysis and Government Accountability in accordance with
   59  the FERPA.
   60         (b) In accordance with FERPA and the federal regulations
   61  issued pursuant to FERPA, an agency, as defined in s. 1002.22,
   62  or a public school, center, institution, or other entity that is
   63  part of Florida’s education system under s. 1000.04(1), (3), or
   64  (4) may release a student’s education records without written
   65  consent of the student or parent to parties to an interagency
   66  agreement among the Department of Juvenile Justice, the school,
   67  law enforcement authorities, and other signatory agencies. The
   68  purpose of such an agreement and information sharing is to
   69  reduce juvenile crime, especially motor vehicle theft, by
   70  promoting cooperation and collaboration and the sharing of
   71  appropriate information in a joint effort to improve school
   72  safety, to reduce truancy and in-school and out-of-school
   73  suspensions, and to support alternatives to in-school and out
   74  of-school suspensions and expulsions, which provide structured
   75  and well-supervised educational programs supplemented by a
   76  coordinated overlay of other appropriate services designed to
   77  correct behaviors that lead to truancy, suspensions, and
   78  expulsions and that support students in successfully completing
   79  their education. Information provided in furtherance of an
   80  interagency agreement is intended solely for use in determining
   81  the appropriate programs and services for each juvenile or the
   82  juvenile’s family, or for coordinating the delivery of the
   83  programs and services, and as such is inadmissible in any court
   84  proceeding before a dispositional hearing unless written consent
   85  is provided by a parent or other responsible adult on behalf of
   86  the juvenile.
   87         Section 3. This act shall take effect July 1, 2010.