Bill Text: NY S07353 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the release of student education records to juvenile detention facilities; provides that where a student has been directed to be held in a juvenile detention facility pursuant to a court order, the educational agency where such student attends school at the time of such direction shall, upon request of the juvenile detention facility where such student is held, disclose such educational records to educational program personnel at such facility without consent of the parent or eligible student under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-18 - ADVANCED TO THIRD READING [S07353 Detail]

Download: New_York-2023-S07353-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7353

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen.  BRISPORT  --  (at  request  of the State Education
          Department) -- read twice and ordered printed, and when printed to  be
          committed to the Committee on Education

        AN ACT to amend the education law, in relation to the release of student
          education records to juvenile detention facilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 2-e to
     2  read as follows:
     3    § 2-e. Release of student  education  records  to  juvenile  detention
     4  facilities.  1. Definitions. As used in this section the following terms
     5  shall have the following meanings:
     6    a. "Education records" shall have  the  same  meaning  as  defined  in
     7  section  99.3  of  title  thirty-four of the code of federal regulations
     8  implementing the family educational  rights  and  privacy  act,  section
     9  twelve hundred thirty-two-g of the United States Code.
    10    b.  "Educational  agency" shall mean any public school district, board
    11  of cooperative educational services, special act school district, public
    12  school kindergarten program, approved private school for  the  education
    13  of  students  with  disabilities and a state supported or state operated
    14  school subject to the provisions of article eighty-five, eighty-seven or
    15  eighty-eight of this chapter.
    16    c. "Student" shall mean any person  attending  an  educational  agency
    17  identified in paragraph b of this subdivision.
    18    d.  "Parent"  means  a  parent,  legal guardian, or person in parental
    19  relation to a student.
    20    e. "Educational program" shall mean educational programs supervised or
    21  administered by a juvenile detention facility pursuant  to  section  one
    22  hundred twelve of this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03199-01-3
        S. 7353                             2

     1    f. "Juvenile detention facility" shall mean secure, specialized secure
     2  and  non-secure  juvenile detention facilities described in title two of
     3  article nineteen-G of the executive law.
     4    g. "Eligible student" means a student eighteen years or older.
     5    2.  As authorized under the family educational rights and privacy act,
     6  20 U.S.C. section 1232g(b)(1)(E), where a student has been  directed  to
     7  be  held in a juvenile detention facility pursuant to a court order, the
     8  educational agency where such student attends school at the time of such
     9  direction shall, upon request of the juvenile detention  facility  where
    10  such  student  is held, disclose such educational records to educational
    11  program personnel at such facility without  consent  of  the  parent  or
    12  eligible student, provided that:
    13    a.  such  student has not yet been (i) adjudicated delinquent pursuant
    14  to article three of the family court act; (ii) convicted of a  crime  as
    15  an  adolescent  offender  or  juvenile  offender; or (iii) adjudicated a
    16  youthful offender;
    17    b. such disclosure is for the sole purpose of  providing  the  student
    18  with  pre-adjudication  services  including,  but not limited to, educa-
    19  tional services; and
    20    c. any individual who receives the student education records certifies
    21  in writing that he or she agrees not to disclose such information  to  a
    22  third  party  outside the juvenile detention facility without consent of
    23  the parent or eligible student, except as authorized pursuant to  subdi-
    24  vision three of this section.
    25    3. Student education records disclosed pursuant to this section, shall
    26  not be re-disclosed by the juvenile detention facility to any individual
    27  or entity without consent of the parent or eligible student, unless:
    28    a.  the  individual or entity is authorized by such juvenile detention
    29  facility to receive such disclosure;
    30    b. the individual or entity is or anticipates  providing  services  to
    31  address a student's educational needs; and
    32    c. such disclosure is consistent with the requirements of all applica-
    33  ble  state and federal laws including, but not limited to, section two-d
    34  of this article.
    35    § 2. This act shall take effect immediately.