Bill Text: FL S1058 | 2010 | Regular Session | Enrolled
Bill Title: Cooperation Between Schools & Juvenile Authorities [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-192 [S1058 Detail]
Download: Florida-2010-S1058-Enrolled.html
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.
