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.