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