Bill Text: FL H0603 | 2010 | Regular Session | Comm Sub

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Bill Title: Cooperation Between Schools & Juvenile Authorities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/CS/SB 1058; Laid on Table, companion bill(s) passed, see CS/CS/SB 1058 (Ch. 2010-192) -HJ 01168 [H0603 Detail]

Download: Florida-2010-H0603-Comm_Sub.html

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CS/HB 603

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

CODING: Words stricken are deletions; words underlined are additions.