§ 20-33-7-3 — Report of educational records without parental consent

(a) As used in this section, "juvenile justice
agency" has the meaning set forth in IC 10-13-4-5.
(b) A school corporation or other entity to which the education
records privacy provisions of the federal Family Educational Rights
and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on the
education records of a child, including personally identifiable
information contained in the education records, without the consent of
the child's parent under the following conditions:
(1) The disclosure or reporting of education records is to a state
or local juvenile justice agency.
(2) The disclosure or reporting relates to the ability of the juvenile
justice system to serve, before adjudication, the student whose
records are being released.
(3) The juvenile justice agency receiving the information certifies,
in writing, to the entity providing the information that the agency
or individual receiving the information has agreed not to disclose
it to a third party, other than another juvenile justice agency,
without the consent of the child's parent.
(c) For purposes of subsection (b)(2), a disclosure or reporting of
education records concerning a child who has been adjudicated as a
delinquent child shall be treated as related to the ability of the juvenile
justice system to serve the child before adjudication if the juvenile
justice agency seeking the information provides sufficient information
to enable the keeper of the education records to determine that the
juvenile justice agency seeks the information in order to identify and
intervene with the child as a juvenile at risk of delinquency rather than
to obtain information solely related to supervision of the child as an
adjudicated delinquent child.
(d) A school corporation to which the education records privacy
provisions of the federal Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) apply may disclose or report on the education
records of a child, including personally identifiable information
contained in the education records, without the consent of the child's
parent, if the child has been suspended or expelled and referred to a
court in accordance with an agreement for court assisted resolution of
suspension and expulsion cases under IC 20-33-8.5. The request for the
education records of a child by a court must be for the purpose of
assisting the child before adjudication.
(e) A school corporation or other entity to which the education
records privacy provisions of the federal Family Educational Rights
and Privacy Act (20 U.S.C. 1232g) apply that:
(1) discloses or reports on the education records of a child,
including personally identifiable information contained in the
education records, in violation of this section; and
(2) makes a good faith effort to comply with this section;
is immune from civil liability.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-10.1-22.4-3.]

Legislative History

As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005, SEC.21.