§ 20-33-7-4 — Report of records without parental consent; health or safety emergency

Indiana § 20-33-7-4

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 33: STUDENTS: GENERAL PROVISIONS
• Ch. 7: Parental Access to Student Records

Text

(a) As used in this section, "appropriate
officials" include local or state law enforcement officials, department
of child services officials, trained medical personnel, and school
administrators whose knowledge of information described in
subsection (b) or (d) is necessary to protect the health or safety of
students or other persons on school corporation property. The term
"school administrator" includes a principal, an assistant principal, a
superintendent, and an assistant superintendent.
(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 to appropriate officials in cases of health and safety
emergencies as determined by school officials.
(c) 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.
(d) In the case of a health or safety emergency, a law enforcement
officer shall disclose or report a child's personally identifiable
information contained in law enforcement records to a school
corporation or an appropriate official.
(e) Information concerning any suspicious activity or potential
criminal activity related to a child that is shared between a law
enforcement officer and a school corporation or an appropriate official
under this section shall not be stored or maintained in any type of data
base.

Legislative History

As added by P.L.255-2019, SEC.2.