MENU TITLE: A Guide to FERPA.
Series: NIJ
Published: June 1997
71 pages
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Sharing Information: A Guide to the Family
 Educational Rights and Privacy Act and
 Participation in Juvenile Justice Programs

Program Report

------------------------------

U.S. Department of Justice
Office of Juvenile Justice and Delinquency
 Prevention

U.S. Department of Education
Family Policy Compliance Office

Shay Bilchik, Administrator
Office of Juvenile Justice and Delinquency
 Prevention

------------------------------

The principal authors of this document are:

Michael L. Medaris, Office of Juvenile Justice and
 Delinquency Prevention
Ellen Campbell, Family Policy Compliance Office
Professor Bernard James, J.D., Pepperdine
 University School of Law

------------------------------

The Office of Juvenile Justice and Delinquency
Prevention is a component of the Office of Justice
Programs, which also includes the Bureau of Justice
Assistance, the Bureau of Justice Statistics, the
National Institute of Justice, and the Institute of
Justice, and the Office for Victims of Crime.

The Family Policy Compliance Office is part of the
Office of Management within the Department of
Education. The Family Policy Compliance Office
administers the Family Educational Rights and
Privacy Act (FERPA).

-------------------------------

Foreword

The growth of serious and violent delinquency in
our Nation and its impact on our schools concerns
us all. Every day, many children face fighting and
other intimidating behavior at school or on the way
to and from school. In addition to the cost to
children and their families, school violence may
have broad and long lasting effects on society
because it disrupts education and diminishes
students' sense of security in their learning
environment. Clearly then, providing safe schools
is one of our most important responsibilities.
Children must feel safe and nurtured in school, and
they must be challenged to learn rather than
challenged to survive.

Maintaining safe schools requires the forging of
partnerships to share information between schools
and youth-serving agencies, including the police
department, court system, youth parole and
probation offices, and child protective services.
These partnerships rely on effective information
sharing among all the agencies responsible for
delivering services to children. Educators who see
the first warning signs of delinquency or who have
critical information about juveniles involved in
the juvenile justice system can, by sharing
information with other justice and youth-serving
agencies, help develop effective intervention
strategies. At the other end of the spectrum, when
the juvenile justice system is about to send an
alleged or adjudicated juvenile offender back into
the regular school system, justice officials should
notify the school of the timing and circumstances
of the student's return so the school can take
steps to provide needed support services to help
the student succeed. In addition, there are other
circumstances in which it is both appropriate and
necessary to share information to ensure public
safety and the welfare of our children.

This guide is for educators, law enforcement
personnel, juvenile justice professionals, and
community leaders who are interested in developing
interagency information sharing agreements to fully
involve the schools in a holistic approach to
intervention and delinquency prevention. Educators
and other youth-serving professionals will find
clear directions here on how to share information
while complying with the Family Educational Rights
and Privacy Act.

It is our hope that this guide will be useful as
communities and schools across America work to
provide safe havens for learning for our children.

Shay Bilchik
Administrator
Office of Juvenile Justice and Delinquency
 Prevention
U.S. Department of Justice

LeRoy Rooker
Director
Family Policy Compliance Office
U.S. Department of Education

-------------------------------

Table of Contents

Foreword

Introduction

Information Sharing Between Schools and Other
 Youth-Serving Agencies Under the Family
 Educational Rights and Privacy Act
  The Prior Consent Requirement for Disclosure of
   Education Records
  Exceptions to the Prior Consent Requirement
   Disclosures Under the Law Enforcement Unit
    Records Exception
   Disclosures Under the Directory Information
    Exception
   Disclosures Under the Health or Safety Emergency
    Exception
   Disclosures Under the State Law Juvenile Justice
    System Exception

Recordkeeping Requirements Under the Family
 Educational Rights and Privacy Act

Administration of the Family Educational Rights and
 Privacy Act
  The U.S. Department of Educationþs Family Policy
   Compliance Office
  Family Educational Rights and Privacy Act
   Regulations
  The Family Educational Rights and Privacy Act and
   State Laws

Multiagency Agreements To Facilitate Cooperation
 and Information Sharing
  Purpose
  Legal Considerations
  An Effective Program Based on Multiagency
   Agreements: the Serious Habitual Offender
   Comprehensive Action Program

Conclusion

Sources of Technical Assistance
 U.S. Department of Education
 U.S. Department of Justice
  Office of Juvenile Justice and Delinquency
   Prevention Information Sharing Initiatives

Appendixes
 Appendix A: Family Educational Rights and Privacy
  Act Regulations
 Appendix B: Model Notification of Rights Under
  FERPA for Elementary and Secondary Institutions
 Appendix C: Sample Court Orders
 Appendix D: Model Interagency Agreement
 Appendix E: Model State Statutes

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Introduction

In an era of scarce resources and alarming juvenile
violence, all agencies serving children and
families need to maximize their ability to share
information so they can coordinate their services
to make them more effective. When State and local
agencies beg into implement comprehensive
strategies for addressing juvenile delinquency, the
cooperation of schools in sharing information about
students is critical to the success of these
efforts. Educators hold a unique position of
influence in the children's lives. Consequently,
the Nation's schools can be invaluable partners
with the juvenile justice and other systems --
including the social service, health, and mental
health systems -- as they seek to serve the needs
of those students at high risk for delinquency. No
student's needs should be neglected -- and no
school community should go unprotected -- because
of confusion over the extent of the right to
privacy.

Educators typically approach participation in
agency information sharing programs with caution
because they have legitimate concerns about the
privacy of students and their families. To a large
extent, their caution reflects an awareness of
legal restrictions on information sharing. All
public elementary and secondary schools are subject
to the Family Educational Rights and Privacy Act
(FERPA) (20 U.S.C. section 1232g), a Federal law that
governs the disclosure of information from
education records. Some States have similar privacy
and confidentiality laws that also address the
issue of sharing information from education
records.

This guide provides basic information on FERPA for
elementary and secondary education professionals
and those involved in delivery of services to
juveniles, including those students involved in the
juvenile justice system. The information in the
guide makes it clear that FERPA need not be an
impediment to full participation by educators in
their community's efforts to serve the needs of
juveniles. Educators and those providing services
to our children share a common ultimate goal: to
see all children grow and thrive in safe homes,
schools, and communities and become healthy,
productive members of society.

The guide provides an overview of FERPA, discusses
the Actþs restrictions on information sharing and
exceptions to those restrictions, explains
recordkeeping requirements under the Act, and
summarizes recent changes to the regulations for
implementing FERPA. Examples are provided to
illustrate some key points. The guide also explores
the role of multiagency agreements in facilitating
information sharing and looks at one effective
program that relies on such agreements. Sources of
technical assistance are given in the guide,
including a brief summary of the Office of Juvenile
Justice and Delinquency Preventionþs (OJJDPþs)
information sharing initiatives. For convenient
reference, the FERPA regulations are included in
appendix A. In addition, four appendixes (B through
E) present information for schools, other
youth-serving agencies and organizations, and the
juvenile justice and related systems to use in
developing a juvenile justice network that will
enable them to work together to address the
problems of youth who are delinquent or at risk of
becoming delinquent.

Although portions of the guide may also be of
interest to educators at colleges and universities,
the issues specific to that audience are beyond the
scope of this work. Educators of postsecondary
institutions should examine the text and
regulations of FERPA independently and seek
additional sources for guidance.

------------------------------

Information Sharing Between Schools and Other
 Youth-Serving Agencies Under the Family
 Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act
(FERPA) is a complex Federal law that protects the
privacy interests of parents and students with
regard to education records. It affects every
public elementary and secondary school and
virtually every postsecondary institution in the
country. First enacted in 1974, FERPA has been
amended by Congress seven times, most recently
through the Improving America's Schools Act of 1994
(IASA).

FERPA defines the term "education records" broadly
to include all records, files, documents, and other
materials, such as films, tapes, or photographs,
containing information directly related to a
student that an education agency or institution or
a person acting for the agency or institution
maintains. For example, education records include
information that schools maintain on students in
report cards, surveys and assessments, health unit
records, special education records, and
correspondence between the school and other
entities regarding students. Education records also
include information that a school maintains about
parents.

Examples of Valid Disclosures Under FERPA -- Jane

Jane, 10, has been reported to the child protective
services agency as a possible sex abuse victim. The
agency contacts Jane's teachers to determine if
Jane has exhibited any unusual behavior. FERPA
permits Janeþs teachers to share information about
their observations regarding Jane. Verbal
information based on personal observation is not
subject to the provisions of FERPA.

Generally, FERPA gives parents the right to inspect
and review their children's education records,
request amendment of the records, and have some
control over the disclosure of information from the
records. When a student turns 18 or enters college,
FERPA classifies him or her as an "eligible
student" and transfers the rights under the Act
from the parent to the student. FERPA requires
school districts to notify parents and eligible
students annually of their rights under the Act.
(See appendix B for a sample notification
document.)

The recent IASA amendments to FERPA enhanced the
penalty for improperly disclosing information from
education records. FERPA now prohibits a school
from providing information for at least 5 years to
a third party who received information and
redisclosed it without the required consent.

Examples of Valid Disclosures Under FERPA -- Ryan
 (Part I)

Ryan, 13, is adjudicated delinquent for breaking
into a warehouse. As this is his first offense, the
court returns Ryan to school and shares information
about the offense with the school. FERPA does not
govern the decision by local juvenile justice
system officials to divulge this information to the
schools. Schools may receive and use information
from law enforcement, courts, and other justice
system components in order to provide services to
Ryan and to maintain a safe and effective learning
environment. However, once the information on Ryan
is received and maintained by the school, it is
subject to FERPA and exceptions.

The Prior Consent Requirement for Disclosure of
 Education Records

For elementary or secondary school students, FERPA
restricts the release of their school records or
information from their records that could identify
the student ("personally identifiable
information"). Before releasing such records or
information to a party outside the school system,
the school must obtain the consent of the studentþs
parents unless the student is an eligible student,
in which case only the student can consent to the
release, or unless the release falls under one of
the exceptions to the consent requirement.

Educators are free to share information with other
agencies or individuals concerning students based
on their personal knowledge or observation,
provided the information does not rely on the
contents of the education record. Verbal referrals
to other agencies based on personal observations
are not subject to the provisions of FERPA. Of
course, the process of interagency information
sharing is a dynamic process, and educators should
take care not to circumvent the requirements of
FERPA by making a referral that is predicated on
knowledge obtained from the education record.

Exceptions to the Prior Consent Requirement

Statutory exceptions applicable to the prior
consent requirement are set forth in detail under section
99.31 of the FERPA regulations. As a general rule,
educators may disclose information without prior
consent if they can answer yes to any of the
following questions.

Is the disclosure being made --

o To other school officials, including teachers,
within the school or school district who have been
determined to have legitimate educational
interests? (A school official has a legitimate
educational interest if the official needs to
review an education record in order to fulfill his
or her professional responsibility.) (See section
99.31(a)(1) of the FERPA regulations.)

o To officials of another school, school system, or
postsecondary institution where the student seeks
or intends to enroll? (See section 99.34 of the FERPA
regulations.)

o To authorized representatives of the Comptroller
General of the United States, the U.S. Secretary of
Education, or State and local education
authorities? This exception applies only under
certain conditions. Typically, disclosures under
this provision must be in connection with an audit
or evaluation of a Federal- or State-supported
education program or in compliance with Federal
legal requirements related to those programs. (See
section 99.35 of the FERPA regulations.)

o In connection with the student's application for
or receipt of financial aid? (See section 99.31(a)(4) of
the FERPA regulations.)

o To State and local officials or authorities in
compliance with a State statute that concerns the
juvenile justice system and the systemþs ability to
effectively serve, prior to adjudication, the student
whose records are being released? (This condition is
discussed further in "Disclosures Under the
Juvenile Justice System Exception," pp. x-xx.) (See
section 99.31(a)(5) and section 99.38 of the FERPA
regulations.)

o To organizations conducting studies for, or on
behalf of, education agencies or institutions, in
order to develop tests, administer student aid, or
improve instruction? (See section 99.31(a)(6) of the
FERPA regulations.)

o To accrediting organizations to carry out their
accrediting functions? (See section 99.31(a)(7) of the
FERPA regulations.)

o To parents of a dependent student, as defined by
the Internal Revenue Code, even if the student is
an "eligible student" under FERPA? (See section
99.31(a)(8) of the FERPA regulations.)

o To comply with a judicial order or lawfully
issued subpoena? The regulations direct the school
to make a reasonable effort to notify the parent or
eligible student of the court order or subpoena in
advance of compliance. (See appendix C for sample
court orders.) However, the IASA amendments removed
this notification requirement for instances in
which a court or other agency issues either a
Federal Grand Jury subpoena or a subpoena for a law
enforcement purpose and the court has ordered the
school not to disclose the existence of the
subpoena. (See section 99.31(a)(9) of the FERPA
regulations.)

o In connection with a health or safety emergency?
(See section 99.31(a)(10) of the FERPA regulations. See
also "Disclosures Under the Health or Safety
Emergency Exception," pp. x-xx.)

o To teachers and school officials in other schools
who have legitimate educational interests in the
behavior of the student when the information
concerns disciplinary action taken against the
student for conduct that posed a significant risk
to the safety or well-being of that student, other
students, or other members of the school community?
(See section 99.36 of the FERPA regulations.)

o To provide information that the school district
has designated as "directory information"? (See section
99.37 of the FERPA regulations. See also
"Disclosures Under the Directory Information
Exception," pp.x-xx).

o To provide information from the school's law
enforcement unit records? (See section 99.3 definition of
"education records" and section 99.8 of the FERPA
regulations. See also "Disclosures Under the Law
Enforcement Unit Records Exception," pp. x-xx)
Four of the exceptions specified above require
additional explanation:

Four of the exceptions specified above require
additional explanation:

o Disclosures Under the Law Enforcement Unit
Records Exception.

o Disclosures Under the Directory Information
Exception.

o Disclosures Under the Health or Safety Emergency
Exception.

o Disclosures Under the Juvenile Justice System
Exception.

Each of these types of disclosures is discussed in
the sections that follow.

Disclosures Under the Law Enforcement Unit Records
 Exception

Under FERPA, schools may disclose information from
"law enforcement unit recordsþ to anyone--Federal,
State, or local law enforcement authorities, social
service agencies, or even the media--without the
consent of the parent or eligible student. FERPA
specifically exempts from the definition of
"education records"--and thereby from the
restrictions of FERPA--records that a law
enforcement unit of a school or school district
creates and maintains for a law enforcement
purpose. In some instances, State open records laws
may require that schools provide public access to
law enforcement unit records because FERPA does not
protect these records. (Educators may wish to check
with their State attorney general's office on this
point.)

Examples of Valid Disclosures Under FERPA --
 Rodney, Jeff, and Mark

A School Resource Officer (SRO) who is a member of
the schoolþs law enforcement unit receives a report
from the local police department that Rodney, Jeff,
and Mark are active members of the Five Crew gang.
The SRO creates a file and places the report in it.
The SRO also informs the principal, who makes
appropriate notations in each studentþs education
record. Several weeks later, a detective from a
neighboring jurisdiction contacts the SRO. The
detective is investigating a rideby shooting
involving gangs at a basketball game between the
two schools. FERPA does not restrict the SRO from
sharing information about the Five Crew members
from the law enforcement unit record with the
investigator.

A "law enforcement unit" is an individual, office,
department, division, or other component of a
school or school district--such as a unit of
commissioned police officers or noncommissioned
security guards--that is officially authorized or
designated by the school district to (1) enforce
any Federal, State, or local law, or (2) maintain
the physical security and safety of schools in the
district. Educators may employ commissioned police
officers who are responsible for enforcing laws or
officially designate an individual in the school
district to carry out the responsibilities of a law
enforcement unit.

Additionally, some school districts make special
arrangements with local law enforcement authorities
for the purpose of maintaining safe and drug-free
schools. Although the Departments of Justice and
Education encourage schools without separate law
enforcement units to develop working relationships
with local police authorities, compliance with
FERPA calls for certain precautions. School
districts should use a contract or memorandum of
understanding to officially designate the local
police officer(s) as the district's law enforcement
unit. Without this designation, FERPA prohibits
schools from disclosing information in a studentþs
education record to law enforcement agencies,
unless one of the other exceptions to FERPA
applies, such as the health or safety exception.
Regardless of whether the school district has
designated one individual or a group of
commissioned officers as the law enforcement unit,
the district should include this designation in the
annual notification of rights to parents and
students under the section concerning the
disclosure of information to school officials with
a legitimate educational interest in the records.
This is so that schools may freely share
information about students with their law
enforcement units and so that parents and students
will know that information from education records
may be disclosed for the purpose of maintaining
safe schools.

Because this FERPA exemption applies specifically
to records that a law enforcement unit creates and
maintains for a law enforcement purpose, FERPA
would protect records that the law enforcement unit
created for a purpose other than law enforcement--
even when they are in the possession of the law
enforcement unit. On the other hand, even if the
law enforcement unit shares with another component
of the school a copy of a record the unit created
for a law enforcement purpose, FERPA would not
restrict dissemination of the record maintained by
the law enforcement unit.

Law enforcement unit records should not be confused
with the records of a school's disciplinary actions
or proceedings, which are education records.
Although schools may disclose information from
their law enforcement unit to other school
officials (including educators in other schools),
the copy that the law enforcement unit gives to a
principal or other school official becomes an
education record once that official receives and
maintains it. As such, the information is subject
to FERPA and the principal or other official cannot
disclose it to a third party without prior parental
consent, unless one of the other exceptions to
FERPA applies. However, the original document that
the law enforcement unit created and maintained,
which relates to activity that formed the basis for
subsequent disciplinary actions or proceedings,
does not become an education record merely because
the unit shared it with another component of the
school or because a copy is placed in the studentþs
education file. It is, therefore, disclosable like
other law enforcement unit records.

Examples of Valid Disclosures Under FERPA -- Donna
 and Linda

Donna, 13, and Linda, 14, get into an argument and
begin shoving each other. A school resource officer
(SRO), who is a member of the school's law
enforcement unit, separates them and makes an
incident report. Several days later, the SRO again
breaks up a fight between the two girls and makes
another incident report. Copies of the two incident
reports are forwarded from the law enforcement unit
to the Assistant Principal who is responsible for
school discipline. Because this is the second time
the girls have been involved in a fight, they are
suspended for a day. The incident reports that
provided the basis of the disciplinary hearing and
the disposition are entered into each girlþs
education record. Several days later, Donna and
Linda see each other at a neighborhood record store
and begin fighting again. The police are called and
take the girls into custody. An officer contacts
the school SRO and learns that Donna and Linda have
gotten into fights at school. While the record of
the school discipline hearing is an education
record that is subject to FERPA constraints, the
incident reports created and maintained by the SRO
are disclosable under the law enforcement unit
record exception.

It should be noted that nothing in FERPA prevents a
school official from disclosing to local law
enforcement authorities information that is based
on that official's personal knowledge or
observation and not from an education record. As
long as the reporting of the information contained
in education records, FERPA does not restrict the
reporting of crime to local law enforcement.

For instance, if a teacher were to observe that a
certain student is involved in a gang or is pushing
drugs, FERPA would not prevent that teacher from
reporting the student to law enforcement
authorities. Should the authorities decide to
investigate the teacher's observations and wish to
review the student's education records, they could
then obtain a subpoena.

Disclosures Under the Directory Information
 Exception

A school can disclose "directory information" from
the education record without prior parental consent
after giving notice of its intention to do so.
"Directory information" is information in a
student's education records that is not generally
considered harmful, and its release is not
considered an invasion of the student's privacy. A
critical distinction exists between directory
information and all other information present in
school files. School districts can choose how much
directory information from education records they
will disclose. Directory information includes, but
is not limited to, the following data about the
student:

o Name.

o Address and telephone.

o Date and place of birth.

o Major field of study.

o Official activities.

o Dates of attendance ("from and to" dates of
enrollment).

o Height and weight for sports.

o Degrees and honors received.

o Most recent previous education institution.

o Photograph.

The Department of Education considers these items
to be directory information. In most instances,
disclosure is helpful to both the institution and
the student. However, school districts must
establish a policy and give notice as to the
specific types of directory information they intend
to disclose. Parents can, however, retain the right
to consent to the disclosure of directory
information. Parents who wish to retain this right
must so advise the school. (See section 99.3 and 99.37 of
the FERPA regulations.)

With the passage of the juvenile justice system
exception, discussed on p. xx, education records,
including directory information, may be shared with
juvenile justice system agencies, prior to
adjudication of the student, to the extent that
State law allows.

Disclosures Under the Health or Safety Emergency
 Exception

The health or safety emergency provision is a
common sense acknowledgment that there may be
situations when the immediate need for information
to avert or diffuse certain unusual conditions or
disruptions requires the release of information.
Educators determine what constitutes an
"emergency," but FERPA requires that they construe
the term strictly. For example, on-campus
disruptions that constitute criminal acts,
particularly those involving weapons and drugs,
fall within the scope of the term, as do crisis
situations off campus that affect school campuses
or the public health or safety. When a health or
safety emergency exists, schools may share relevant
information about students involved in the
emergency with appropriate parties--that is, those
whose knowledge of the information is necessary to
protect the health or safety of the student or
other individuals. (See discussion of recordation
requirements on p. xx.)

Examples of Valid Disclosures Under FERPA --
 Rodney, Jeff, and Mark (Part II)

The principal receives information from a student
that members of Five Crew are planning an assault
at the other high school in retaliation for the
previous shooting. Under the emergency exception,
the principal can provide information from each
studentþs education record to the appropriate
school officials and law enforcement agencies.

Disclosures Under the State Law Juvenile Justice
 System Exception

FERPA allows schools to play a vital role in a
community's efforts to identify children who are at
risk of delinquency and provide services prior to a
childþs becoming involved in the juvenile justice
system. The 1994 IASA amendments modified FERPA to
permit educators to share information with juvenile
justice system agency officials on children who are
at risk of involvement or have become involved in
the juvenile justice system, prior to adjudication,
to the extent the State statute allows. System
officials to whom the information is disclosed must
certify in writing that they will not disclose
personally identifiable information to any third
party except as provided by State law.
Consequently, schools in States with such statutes
may disclose information about students to other
State and local agencies as part of an effort to
serve the student whose records are being released,
prior to adjudication. As more and more States
establish information sharing programs to serve
students through cooperation with the juvenile
justice system, the emphasis on neighborhood school
participation in interagency information sharing
agreements will increase. FERPA need not be a
barrier to this progress toward proactive
information sharing networks.

Examples of Valid Disclosures Under FERPA -- Mary

Mary, 13, is arrested for shoplifting. This is her
first offense, and the police department's juvenile
division contacts the school for information about
Mary's school attendance and academic performance.
The school can release school attendance, academic
performance, or other information from Mary's
education record with the consent of one of her
parents. If State law authorizes the disclosure to
juvenile justice system agencies, the school can
share information from Mary's education record
without parental consent. Absent such a State law,
the school should ask the police department to
obtain a subpoena for the records.

The juvenile justice system exception to FERPA's
prior written consent provision allows the
disclosure of education records, or information
from education records, without consent of the
parent or eligible student, if four conditions (see
section 99.38 of the FERPA regulations) are met:

(1) The disclosure or reporting of the records must
be to a State  or local juvenile justice system
agency.

(2) The disclosure must be based on a State statute
authorizing the disclosure.

(3) If the State law was passed after November 19,
1974 (the date FERPA was enacted), the disclosure
must relate to the juvenile systemþs ability to
serve, prior to adjudication, the student whose
records are being released.

(4) The State or local officials must certify, in
writing, that the institution or individual
receiving the personally identifiable information
has agreed not to disclose it to a third party,
other than another juvenile justice system agency.

Adjudication is the process for determining whether
a juvenile has committed an act which, if committed
by an adult, would be considered criminal conduct.
The process is triggered by a "petition" alleging
an act of delinquency. The petition may result in a
finding or determination that the juvenile
committed the alleged act of delinquency. For the
purposes of FERPA, once this finding or
determination is made and the court has made a
disposition of the case, the juvenile would be
considered an "adjudicated delinquent." The
disposition of a delinquency case is the equivalent
of a "sentence" in a criminal case.

The fact that a juvenile has been adjudicated
delinquent is not, in and of itself, determinative
of whether the State law juvenile justice system
exception for the release of information that
concerns the "juvenile justice system's ability to
effectively serve a student prior to adjudication"
is applicable.

If the juvenile justice system seeks the disclosure
of information on a student in order to identify
and intervene with a juvenile at risk of
delinquency, rather than to obtain information
solely related to supervision of an adjudicated
delinquent, the juvenile could be classified as a
preadjudicated delinquent for purposes of this
exception. The Secretary of Education believes that
each school, working in conjunction with State and
local authorities, can best determine whether a
release of personally identifiable information from
an education record "concerns the juvenile justice
system's ability to effectively serve a student
prior to adjudication." Thus, FERPA gives schools
flexibility in determining whether an education
record of a juvenile may be released without the
prior written consent of the parent.

Examples of Valid Disclosures Under FERPA -- Johnny
(Part I)

Johnny, 11, is having problems in school. He is
inattentive, does not complete homework
assignments, falls asleep in class, and is hostile
to some of the other children. When the school
counselor interviews him, Johnny is sullen and
unresponsive. The school counselor makes several
unsuccessful attempts to reach the parents. In this
situation, the teacher or the counselor can share
personal observations with a family services agency
but cannot rely on an education record as the
source of this personal knowledge of Johnnyþs
situation. If, however, State law authorizes the
disclosure and the receiving entity is a juvenile
justice system agency, the teacher or the counselor
can, to the extent authorized by State statute,
then also use information contained in Johnnyþs
education record in making the referral. Thus, FERPA
gives schools flexibility in determining whether an
education record of a juvenile may be released
without the prior written consent of the parent.

Florida provides an example of a State law that
allows State and local officials to make use of
this IASA amendment to FERPA. The State enacted
legislation requiring Florida's Department of
Juvenile Justice (DJJ) to establish an early
delinquency intervention program with the
cooperation of local law enforcement agencies, the
judiciary, district school board personnel, the
office of the State's Attorney, the office of the
Public Defender, and community service agencies
that work with children.

The Florida law specifies the type of information
the cooperating agencies are to share with DJJ and
directs specified agencies and persons to develop
information sharing agreements within each county.
The law states, "Within each county, the sheriff,
the chiefs of police, the district school
superintendent shall enter into an interagency
agreement for the purpose of sharing information
about juvenile offenders. . . .The agreement must
specify the conditions under which summary criminal
history information is to be made available to
appropriate school personnel, and the conditions
under which school records are to be made available
to appropriate department personnel." In addition,
the law requires the school district to be notified
when a youth is arrested for a felony or a crime of
violence. FERPA further requires that juvenile
justice system agencies certify in writing that
they will not redisclose education records to any
third party except as provided by State law.

Examples of Valid Disclosures Under FERPA -- Johnny
 (Part II)

Before the counselor can refer Johnny to an
appropriate agency, the police department picks him
up on the street at 2 a.m. on a school night. No
one is home when the police attempt to contact the
parents. Johnny spends the night in a temporary
foster home, and the police refer his case to
family services the next day. During the assessment
process, the agency contacts the school and asks
for information about Johnny's attitude and school
performance. The school can provide information
from Johnnyþs education record if at least one of
these conditions is met:

(1) A parent consents, or

(2) There is a court order or lawfully issued
 subpoena directing the release of information, or

(3) A State law authorizes information sharing
 between educators and juvenile justice agencies.

------------------------------

Recordkeeping Requirements Under the Family
 Educational Rights and Privacy Act

A school district must follow certain FERPA
recordkeeping requirements. Section 99.32 of the
FERPA regulations requires that schools maintain
with each student's education record a record of
all individuals, agencies, or organizations that
requested or obtained access to the studentþs
education record, specifying the legitimate
interest that each party had in obtaining the
information. Accordingly, educators should document
all disclosures of information from a studentþs
education record unless the request is from and the
disclosure is to one of the following:

o The parent or eligible student.

o A school official within the school system.

o A party with written consent from the parent or
eligible student.

o A party seeking directory information.

o A party requesting or receiving the records as
directed by a Federal grand jury or other law
enforcement subpoena when the issuing court or
agency has ordered that no one disclose the
existence or the contents of the subpoena or the
information furnished in response to the subpoena.

Examples of Valid Disclosures Under FERPA -- Ryan
 (Part II)

Ryan, now 14, is adjudicated delinquent for
breaking into several vehicles on a parking lot.
This is his second offense. As a condition of his
probation, the court orders Ryan to attend school
regularly and to achieve passing grades in his
classes. FERPA does not prevent a school from
receiving information about Ryanþs status as an
adjudicated delinquent. The school, in turn, can
assist juvenile probation by providing information
from Ryanþs education record concerning Ryanþs
attitude and performance in school. However,
because of the fact that Ryan has been adjudicated,
his school can only provide this information if one
of the following conditions is met:

(1) A parent consents, or
(2) There is a court order or lawfully issued
 subpoena directing the release of the information.

------------------------------

Administration of the Family Educational Rights and
 Privacy Act

The U.S. Department of Education's Family Policy
 Compliance Office

The Family Policy Compliance Office in the U.S.
Department of Education administers FERPA. The
Office provides technical assistance on FERPA to
education agencies and institutions, State and
local officials, and parents. The Office also
investigates alleged violations of the law.

Family Educational Rights and Privacy Act
 Regulations

Another responsibility of the Family Policy
Compliance Office is to develop and issue
regulations to aid in effective administration of
FERPA. On November 21, 1996, the Department of
Education published regulations to implement the
IASA amendments to FERPA. At the same time, in an
effort to reduce the burden on schools and to
streamline the complaint procedures, the Department
of Education also revised the FERPA regulations to
do the following:

o Give schools greater flexibility by removing the
requirement for adoption of a formal written
student records policy.

o Require schools to include additional information
in the mandatory annual notification of rights so
that parents and students will receive more
effective notification of their rights and
procedures to pursue them. (A sample notification
is included in appendix B.)

o Clarify FERPA requirements for State education
agencies (SEA's) to afford parents access to any
education records that SEA's maintain on their
children.

o Clarify what constitutes legal standing to file
FERPA complaints with the Department of Education.
The complainant must be a parent or an eligible
student affected by an alleged violation.

o Clarify the requirement that a school district
make a reasonable effort to notify in advance the
parent or student of its intent to disclose
information from education records to a court in
cases where a school district is initiating legal
action against a parent or student.

The Family Educational Rights and Privacy Act and
 State Laws

If a school wishes to continue to receive Federal
funds, the recipient must comply with FERPA's
provisions on the disclosure of education records.
(A school district is considered a "recipient" if
it receives any funds directly from a program
administered by the Secretary of Education or is
under the auspices of a State education agency that
receives such funds.) Compliance with portions of a
State law that conflict with FERPA may jeopardize
continued eligibility to receive Federal education
funds. If educators believe that a State law
conflicts with FERPA, they should bring this to the
attention of appropriate State officials.

------------------------------

Multiagency Agreements To Facilitate Cooperation
 and Information Sharing

Purpose

Multiagency agreements formulated to be consistent
with Federal, State, and local laws provide an
organizing framework for State and local juvenile
justice reform efforts. These agreements are
crucial to the development of a juvenile justice
network. Typically agencies involved in these
agreements provide a wide range of services to
juveniles. Parties to such an agreement may be
child welfare, mental health, and social services
agencies; licensed private community organizations;
law enforcement agencies; juvenile courts; district
attorney (or State's attorney), probation,
corrections, and public defenders offices; and
local schools.

Generally delinquency prevention and intervention,
community safety, efficiency, and coordination are
the objectives that drive the development of
multiagency agreements. More specifically, these
objectives may include the following:

o Providing appropriate programs and services to
intervene with juveniles currently involved in the
juvenile justice system.

o Providing appropriate programs and services
designed to deter at-risk juveniles from delinquent
behavior.

o Increasing the safety and security of the
community and its children by reducing juvenile
crime.

o Eliminating duplication of services.

o Coordinating efforts to share resources and
training programs.

The contents of interagency agreements underscore
the commitment of each agency to offer a maximum
degree of cooperation and planning to achieve the
group objectives. Typically these agencies agree to
participate in interagency planning and development
meetings, assign staff to participate in
consolidated case management systems where
feasible, develop internal policies and procedures
to implement the agreement to the fullest extent,
and comply with Federal and State laws in
implementing the agreement.

Other provisions of the agreement may identify the
unique role of each agency. Law enforcement
officials might agree, for example, to promptly
notify other agencies when juveniles are arrested
for truancy or certain violent crimes. The juvenile
court might agree to provide periodic information
on the disposition of cases or seek input from
agencies on dispositional alternatives. The
probation office might agree to share information
about the move of a juvenile offender into or out
of the jurisdiction and the terms, if any, of
probation. Other agencies might be willing to share
information on the achievement, behavioral, and
attendance history of juvenile offenders to improve
assessment and proper treatment. Educators might
also agree to make referrals to appropriate
agencies when students or staff commit certain
offenses or exhibit at-risk behavior. (See sample
interagency agreement in appendix D.)

Legal Considerations

Relevant Federal and State record confidentiality
laws can resolve potential legal problems that
arise in connection with interagency agreements.
Laws that govern the activities of each State
agency may also create standards for information
sharing. Policies on juvenile record information
vary greatly from State to State. For example, some
States treat juvenile court records as public
information (see Washington Revised Code 13.50.050;
13.50.010). Other States permit access to court
records only by the juvenile and the agencies
directly involved in the juvenile justice system
(see Kentucky Revised Code 610.320). Most States
use a method of conditional disclosure of juvenile
court records in which a judge permits access to
agencies that are not a part of the juvenile
justice system by court order (see Pennsylvania
Revised Code 6307, 6308).

State law may occasionally require local agencies
to share information. Some States direct law
enforcement units to report arrest information to
schools when the arrest involves violent offenses
of an enrolled student (see Florida Statutes
39.045). Other States require the formation of
interagency teams for specific purposes (see
Illinois Statutes, Chapter 75, Section 405/1-8.2).
State law may also regulate the disclosure of
records that other child care agencies maintain on
juveniles. These laws should be consulted as well.
All agencies are vital components of a
comprehensive local strategy to combat juvenile
delinquency. Those interested in developing a
comprehensive local strategy should identify State
laws that frustrate strategies of local teams to
share files of record information and advocate for
their appropriate reform. Statutes from Florida and
Illinois (see appendix E) illustrate comprehensive
legislative approaches to delinquency prevention
designed to both prevent delinquency and intervene
in the lives of at-risk juveniles.

An Effective Program Based on Multiagency
 Agreements: the Serious Habitual Offender
 Comprehensive Action Program

A current example of multiagency agreements that
unify community resources to improve the delivery
of services to juveniles is the Serious Habitual
Offender Comprehensive Action Program (SHOCAP).
When research indicated that a small proportion of
offenders commit most serious and violent juvenile
crime, OJJDP introduced the Serious Habitual
Offender/Drug-Involved Program in 1983. SHOCAP,
which grew out of those initial efforts, seeks to
improve public safety by involving those agencies
working within the juvenile justice system, for
example, law enforcement, prosecution, education,
probation, corrections, and social services in a
cooperative process to share information and manage
juvenile justice system agency cases. The program
provides the structure for focusing attention on
serious habitual offenders (SHO's) and enhances the
quality and relevance of information exchanged
through active interagency collaboration.

SHOCAP has four main goals:

o To provide a structured, coordinated juvenile
justice system focus on habitual juvenile
offenders.

o To establish specific juvenile justice policies
that enhance the effectiveness of system procedures
for handling habitual juvenile offenders.

o To promote public safety by identifying,
tracking, arresting, and prosecuting the most
violent habitual juvenile offenders.

o To identify pre-Serious Habitual Offender
juveniles (pre-SHO's) and provide early
intervention services designed to prevent these
juvenilesþ development into SHOþs.

In short, SHOCAP identifies a communityþs most
dangerous and violent juvenile offenders and
focuses community resources on immediate and
aggressive intervention, including detention,
vertical prosecution, and enhanced sentences when
they offend or reoffend. The program prevents youth
from falling through the cracks by ensuring that
relevant case information is made available
immediately for juvenile justice decisionmakers.
With increased interagency cooperation and
information sharing, SHOCAP provides a framework
for more efficient service delivery by reducing
duplicate services. This increased efficiency
allows SHOCAP programs to establish additional
early intervention and treatment resources for
pre-SHO youth before they become more serious
habitual offenders.

Examples of Valid Disclosures Under FERPA -- Ronald

Ronald has been involved in several strong-arm
robberies and is at risk of becoming a career
criminal offender. The county SHOCAP program
designates Ronald as a serious habitual offender
and develops a supervision and treatment program.
He is required to go to school each day, attend a
jobs program three times a week, and go to
counseling. Nothing in FERPA restricts Ronald's
school from receiving information regarding his SHO
status. If there is a State law authorizing
information sharing with juvenile justice system
agencies, Ronald's school can assist in the
treatment program by sharing information from his
education record about his attendance, performance,
and behavior with other agencies providing
supervision and services to Ronald.

Florida is developing a statewide SHOCAP program.
The program involves a Federal and State
partnership: selected county sites receive SAFE
POLICY training, provided by OJJDP, and technical
assistance, provided by the Florida Department of
Law Enforcement. Currently there are 26 SHOCAP
sites in Florida with 5 additional sites scheduled
for implementation in 1997. For more information
regarding SHOCAP, please refer to "Sources of
Technical Assistance," pp. x-xx.

Schools are indispensable partners in effective
SHOCAP programs because adjudicated offenders who
are not placed in detention are likely to return to
campus. As noted previously, where State law
authorizes or directs disclosures, educators should
be advised when alleged juvenile offenders return
to the school population and given appropriate
information about the youthþs offense and current
status. Educators can assist in this partnership,
to the extent authorized by Federal and State law
(see Ryan II example on p. xx), by providing
information to supervising agencies to better
assess the rehabilitation process by tracking
attendance, academic achievement, and in-school
behavior.

------------------------------

Conclusion

Educators can supply valuable information to other
agencies in a delinquency prevention network. In an
ideal information sharing system, a lively, two-way
exchange of information occurs with educators
actively involved in the process. In this type of
system, each agency in the jurisdiction talks and
listens. The juveniles about whom they share a
common interest benefit from the synergy that
unfolds.

Schools that operate outside the juvenile justice
system agency information network are at the same
disadvantage as juvenile justice systems that
operate without school input. Disruptive and
sometimes dangerous youth are placed back onto
campuses and into school classrooms as a condition
of court-ordered supervision without proper
notification and assessment of their needs, often
with problems beyond the expertise available in the
traditional school. Students, faculty, and staff
are placed at risk as the school phase of probation
unfolds without any realistic hope of proper
supervision because school officials were not
informed of the particular information they needed
to best serve the juvenile and protect other
students, faculty, and staff. Juvenile offenders
may be tempted to turn their invisibility on campus
into license for further lawlessness and disruptive
conduct.

It would be hard to overstate the need for
educators to share and receive information about
student conduct. There is no doubt, however, that
without meaningful information sharing between
youth-serving agencies, all the efforts of these
agencies working independently will not be enough
to give the Nation's children safe, nurturing
environments in which to grow.

------------------------------

Sources of Technical Assistance

U.S. Department of Education

One source of technical assistance is the
Department of Education's recent publication
entitled Strong Families, Strong Schools: Building
Community Partnerships For Learning. As this
booklet points out, research has shown that greater
family involvement in children's learning is a
critical link to achieving a high-quality education
and a safe, disciplined learning environment for
every student. Strong Families, Strong Schools is
available from the Department of Education (800-
USA-LEARN).

The Department of Education encourages families and
schools to team up to make schools safer--a
precondition for learning--by establishing
family-school-community partnerships to make safe
schools a priority. Although FERPA does not allow
schools to share information on students with other
parents, schools can designate parents serving on a
school or interagency committee designed to address
juvenile delinquency as school officials with a
legitimate educational interest. The sample FERPA
notification of rights to parents and students in
appendix B includes language to cover this
situation.

For more information about FERPA or its
applicability to participation in Information
Sharing Interagency Agreements, contact:

Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue SW.
Washington, DC 20202-4605
202-260-3887
E-mail: FERPA@ED.Gov

U.S. Department of Justice

Office of Juvenile Justice and Delinquency
 Prevention Information Sharing Initiatives

OJJDPþs training and technical assistance programs
stress the importance of interagency information
sharing. The School Administrators for Effective
Police, Prosecution, Probation Operations Leading
to Improved Children and Youth Services Program
(SAFE POLICY) is a week-long program directed at
reducing juvenile violence in schools. The program
stresses improved use of information by developing
interagency agreements that call for information
sharing and coordination of juvenile services.

The Chief Executive Officer Course is an intensive
1-day orientation for local executives of public
and private agencies that emphasizes information
sharing as a method for improving the juvenile
justice system.

The Serious Habitual Offender Comprehensive Action
Program (SHOCAP) is presented as a module in the
SAFE POLICY and Chief Executive Training programs
and is also available in a 40-hour course designed
to assist a SHOCAP jurisdiction in developing its
own unique interagency information sharing
agreement. The course requires the participation of
policy level officials from law enforcement,
schools, juvenile detention/corrections,
prosecution, and social services.

Each of these courses has a module on laws and
policies that affect information sharing. They will
use this Guide as a resource for future
presentations. The courses also teach techniques
and methods designed to maximize information
sharing. Sample State legislation, consent
policies, and judicial orders are also available to
course participants.

In addition, OJJDP can provide direct technical
assistance upon request to individual jurisdictions
working on improving their information sharing.

To learn more about training and technical
assistance related to information sharing, please
contact:

Training and Technical Assistance Division
Office of Juvenile Justice and Delinquency
 Prevention
Office of Justice Programs
U.S. Department of Justice
633 Indiana Avenue NW., 7th Floor
Washington, DC 20531
202-307-5940

------------------------------

Educators, remember:

1. Notify parents and eligible students annually of
their rights under FERPA.

2. Notify parents and eligible students annually of
"directory information" designated by the school.

3. Identify school officials and criteria for
legitimate educational interests in the annual
notification of rights.

4. Designate a school official as the school's "law
enforcement official," if you do not have a law
enforcement unit.

5. Disclose education records only with parental
consent or under one of the exceptions in FERPA.

6. Provide parents and eligible students access to
education records within 45 days of request.

7. The definition of "education records" under
FERPA encompasses all records that contain
information on a student and are maintained by a
school, except those records specifically exempted
by law.

8. Give notice to parents or eligible students,
when appropriate, of a court order or subpoena for
education records before compliance.

9. Inform third parties of 5-year penalty for
redisclosure of education records without parental
consent.

10. Keep records of disclosures to third parties.

------------------------------

Appendix A: Family Educational Rights and Privacy
 Act Regulations

34 CFR Part 99

Subpart A -- General

Section

99.1 To which educational agencies or institutions
do these regulations apply?

99.2 What is the purpose of these regulations?

99.3 What definitions apply to these regulations?

99.4 What are the rights of parents?

99.5 What are the rights of students?

99.7 What must an educational agency or institution
include in its annual notification?

99.8 What provisions apply to records of a law
enforcement unit?

Subpart B -- What Are the Rights of Inspection and
 Review of Education Records?

Section

99.10 What rights exist for a parent or eligible
student to inspect and review education records?

99.11 May an educational agency or institution
charge a fee for copies of education records?

99.12 What limitations exist on the right to
inspect and review records?

Subpart C -- What Are the Procedures for Amending
 Educating Records?

Section

99.20 How can a parent or eligible student request
amendment of the student's education records?

99.21 Under what conditions does a parent or
eligible student have the right to a hearing?

99.22 What minimum requirements exist for the
conduct of a hearing?

Subpart D -- May an Educational Agency or
 Institution Disclose Personally Identifiable
 Information From Education Records?

Section

99.30 Under what conditions is prior consent
required to disclose information?

99.31 Under what conditions is prior consent not
required to disclose information?

99.32 What recordkeeping requirements exist
concerning requests and disclosures?

99.33 What limitations apply to the redisclosure of
information?

99.34 What conditions apply to disclosure of
information to other educational agencies or
institutions?

99.35 What conditions apply to disclosure of
information for Federal or State program purposes?

99.36 What conditions apply to disclosure of
information in health and safety emergencies?

99.37 What conditions apply to disclosing directory
information?

99.38 What conditions apply to disclosure of
information as permitted by State statute adopted
after November 19, 1974 concerning the juvenile
justice system?

Subpart E -- What Are the Enforcement Procedures?

Section

99.60 What functions has the Secretary delegated to
the Office and to the Office of Administrative Law
Judges?

99.61 What responsibility does an educational
agency or institution have concerning conflict with
State or local laws?

99.62 What information must an educational agency
or institution submit to the Office?

99.63 Where are complaints filed?

99.64 What is the complaint procedure?

99.65 What is the content of the notice of
complaint issued by the Office?

99.66 What are the responsibilities of the Office
in the enforcement process?

99.67 How does the Secretary enforce decisions?

Subpart A--General

Section 99.1 To which educational agencies or
institutions do these regulations apply?

(a) Except as otherwise noted in section 99.10, this part
applies to an educational agency or institution to
which funds have been made available under any
program administered by the Secretary, if --

(1) The educational institution provides
educational services or instruction, or both, to
students; or

(2) The educational agency provides administrative
control of or direction of, or performs service
functions for, public elementary or secondary
schools or postsecondary institutions.

(b) This part does not apply to an educational
agency or institution solely because students
attending that agency or institution receive
non-monetary benefits under a program referenced in
paragraph (a) of this section, if no funds under
that program are made available to the agency or
institution.

(c) The Secretary considers funds to be made
available to an educational agency or institution
if funds under one or more of the programs
referenced in paragraph (a) of this section --

(1) Are provided to the agency or institution by
grant, cooperative agreement, contract, subgrant,
or subcontract; or

(2) Are provided to students attending the agency
or institution and the funds may be paid to the
agency or institution by those students for
educational purposes, such as under the Pell Grant
Program and the Guaranteed Student Loan Program
(Titles IV-A-1 and IV-B, respectively, of the
Higher Education Act of 1965, as amended).

(d) If an educational agency or institution
receives funds under one or more of the programs
covered by this section, the regulations in this
part apply to the recipient as a whole, including
each of its components (such as a department within
a university).

(Authority: 20 U.S.C. 1232g)

Section 99.2 What is the purpose of these regulations?

The purpose of this part is to set out requirements
for the protection of privacy of parents and
students under section 444 of the General Education
Provisions Act, as amended.

(Authority: 20 U.S.C. 1232g)

NOTE: 34 CFR 300.560-300.576 contain requirements
regarding confidentiality of information relating
to handicapped children who receive benefits under
the Education of the Handicapped Act.

Section 99.3 What definitions apply to these regulations?

The following definitions apply to this part:

"Act" means the Family Educational Rights and
Privacy Act of 1974, as amended, enacted as section
444 of the General Education Provisions Act.

(Authority: 20 U.S.C. 1232g)

"Attendance" includes, but is not limited to:

(a) Attendance in person or by correspondence; and

(b) The period during which a person is working
under a work-study program.

(Authority: 20 U.S.C. 1232g)

"Directory information" means information contained
in an education record of a student which would not
generally be considered harmful or an invasion of
privacy if disclosed. It includes, but is not
limited to the studentþs name, address, telephone
listing, date and place of birth, major field of
study, participation in officially recognized
activities and sports, weight and height of members
of athletic teams, dates of attendance, degrees and
awards received, and the most recent previous
educational agency or institution attended.
(Authority: 20 U.S.C. 1232g(a)(5)(A))

"Disciplinary action or proceeding" means the
investigation, adjudication, or imposition of
sanctions by an educational agency or institution
with respect to an infraction or violation of the
internal rules of conduct applicable to students of
the agency or institution.

"Disclosure" means to permit access to or the
release, transfer, or other communication of
personally identifiable information contained in
education records to any party, by any means,
including oral, written, or electronic means.

(Authority: 20 U.S.C. 1232g(b)(1))

"Educational agency or institution" means any
public or private agency or institution to which
this part applies under section 99.1(a).

(Authority: 20 U.S.C. 1232g(a)(3))

"Education records" (a) The term means those
records that are:

(1) Directly related to a student; and

(2) Maintained by an educational agency or
institution or by a party acting for the agency or
institution.

(b) The term does not include:

(1) Records of instructional, supervisory, and
administrative personnel and educational personnel
ancillary to those persons that are kept in the
sole possession of the maker of the record, and are
not accessible or revealed to any other person
except a temporary substitute for the maker of the
record;

(2) Records of the law enforcement unit of an
educational agency or institution, subject to the
provisions of section 99.8.

(3)(i) Records relating to an individual who is
employed by an educational agency or institution,
that:

(A) Are made and maintained in the normal course of
business;

(B) Relate exclusively to the individual in that
individual's capacity as an employee; and

(C) Are not available for use for any other
purpose.

(ii) Records relating to an individual in
attendance at the agency or institution who is
employed as a result of his or her status as a
student are education records and not excepted
under paragraph (b)(3)(i) of this definition.

(4) Records on a student who is 18 years of age or
older, or is attending an institution of
postsecondary education, that are:

(i) Made or maintained by a physician,
psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in his or
her professional capacity or assisting in a
paraprofessional capacity;

(ii) Made, maintained, or used only in connection
with treatment of the student; and

(iii) Disclosed only to individuals providing the
treatment. For the purpose of this definition,
"treatment" does not include remedial educational
activities or activities that are part of the
program of instruction at the agency or
institution; and

(5) Records that only contain information about an
individual after he or she is no longer a student
at that agency or institution.

(Authority: 20 U.S.C. 1232g(a)(4))

"Eligible student" means a student who has reached
18 years of age or is attending an institution of
postsecondary education.

(Authority: 20 U.S.C. 1232g(d))

"Institution of postsecondary education" means an
institution that provides education to students
beyond the secondary school level; "secondary
school level" means the educational level (not
beyond grade 12) at which secondary education is
provided as determined under State law.

(Authority: 20 U.S.C. 1232g(d))

"Parent" means a parent of a student and includes a
natural parent, a guardian, or an individual acting
as a parent in the absence of a parent or a
guardian.

(Authority: 20 U.S.C. 1232g)

"Party" means an individual, agency, institution,
or organization.

(Authority: 20 U.S.C. 1232g(b)(4)(A))

"Personally identifiable information" includes, but
is not limited to:

(a) The student's name;

(b) The name of the student's parent or other
family member;

(c) The address of the student or student's family;

(d) A personal identifier, such as the student's
social security number or student number;

(e) A list of personal characteristics that would
make the student's identity easily traceable; or

(f) Other information that would make the studentþs
identity easily traceable.

(Authority: 20 U.S.C. 1232g)

"Record" means any information recorded in any way,
including, but not limited to, handwriting, print,
computer media, video or audio tape, film,
microfilm, and microfiche.

(Authority: 20 U.S.C. 1232g)

"Secretary" means the Secretary of the U.S.
Department of Education or an official or employee
of the Department of Education acting for the
Secretary under a delegation of authority.

(Authority: 20 U.S.C. 1232g)

"Student," except as otherwise specifically
provided in this part, means any individual who is
or has been in attendance at an educational agency
or institution and regarding whom the agency or
institution maintains education records.

(Authority: 20 U.S.C. 1232g(a)(6))

Section 99.4 What are the rights of parents?

An educational agency or institution shall give
full rights under the Act to either parent, unless
the agency or institution has been provided with
evidence that there is a court order, State
statute, or legally binding document relating to
such matters as divorce, separation, or custody
that specifically revokes these rights.

(Authority: 20 U.S.C. 1232g)

Section 99.5 What are the rights of students?

(a) When a student becomes an eligible student, the
rights accorded to, and consent required of,
parents under this part transfer from the parents
to the student.

(b) The Act and this part do not prevent
educational agencies or institutions from giving
students rights in addition to those given to
parents.

(c) If an individual is or has been in attendance
at one component of an educational agency or
institution, that attendance does not give the
individual rights as a student in other components
of the agency or institution to which the
individual has applied for admission, but has never
been in attendance.

(Authority: 20 U.S.C. 1232g(d))

Section 99.7 What must an educational agency or
institution include in its annual notification?

(a)(1) Each educational agency or institution shall
annually notify parents of students currently in
attendance, or eligible students currently in
attendance, of their rights under the Act and this
part.

(2) The notice must inform parents or eligible
students that they have the right to --

(i) Inspect and review the student's education
records;

(ii) Seek amendment of the student's education
records that the parent or eligible student
believes to be inaccurate, misleading, or otherwise
in violation of the student's privacy rights;

(iii) Consent to disclosures of personally
identifiable information contained in the studentþs
education records, except to the extent that the
Act and section 99.31 authorize disclosure without
consent; and

(iv) File with the Department a complaint under
sections 99.63 and 99.64 concerning alleged failures by
the educational agency or institution to comply
with the requirements of the act and this part.

(3) The notice must include all of the following:

(i) The procedure for exercising the right to
inspect and review education records.

(ii) The procedure for requesting amendment of
records under section 99.20.

(iii) If the educational agency or institution has
a policy of disclosing education records under
section 99.31(a)(1), a specification of criteria for
determining who constitutes a school official and
what constitutes a legitimate educational interest.

(b) An educational agency or institution may
provide this notice by any means that are
reasonably likely to inform the parents or eligible
students of their rights.

(1) An educational agency or institution shall
effectively notify parents or eligible students who
are disabled.

(2) An agency or institution of elementary or
secondary education shall effectively notify
parents who have a primary or home language other
than English.

(Approved by the Office of Management and Budget
under control number 1880-0508)

(Authority 20 U.S.C. 1232g(e) and (f).

Section 99.8 What provisions apply to records of a law
enforcement unit?

(a) (1) "Law enforcement unit" means any
individual, office, department, division, or other
component of an educational agency or institution,
such as a unit of commissioned police officers or
non-commissioned security guards, that is
officially authorized or designated by that agency
or institution to --

(i) Enforce any local, State, or Federal law, or
refer to appropriate authorities a matter for
enforcement of any local, State, or Federal law
against any individual or organization other than
the agency or institution itself; or

(ii) Maintain the physical security and safety of
the agency or institution.

(2) A component of an educational agency or
institution does not lose its status as a "law
enforcement unit" if it also performs other,
non-law enforcement functions for the agency or
institution, including investigation of incidents
or conduct that constitutes or leads to a
disciplinary action or proceedings against the
student.

(b) (1) Records of law enforcement unit means those
records, files, documents, and other materials that
are --

(i) Created by a law enforcement unit;

(ii) Created for a law enforcement purpose; and

(iii) Maintained by the law enforcement unit.

(2) Records of law enforcement unit does not mean--

(i) Records created by a law enforcement unit for a
law enforcement purpose that are maintained by a
component of the educational agency or institution
other than the law enforcement unit; or

(ii) Records created and maintained by a law
enforcement unit exclusively for a non-law
enforcement purpose, such as a disciplinary action
or proceeding conducted by the educational agency
or institution.

(c) (1) Nothing in the Act prohibits an educational
agency or institution from contacting its law
enforcement unit, orally or in writing, for the
purpose of asking that unit to investigate a
possible violation of, or to enforce, any local,
State, or Federal law.

(2) Education records, and personally identifiable
information contained in education records, do not
lose their status as education records and remain
subject to the Act, including the disclosure
provisions of section 99.30, while in possession of the
law enforcement unit.

(d) The Act neither requires nor prohibits the
disclosure by any educational agency or institution
of its law enforcement unit records.

(Authority: 20 U.S.C. 1232g(a) (4) (B) (ii))

Subpart B -- What Are the Rights of Inspection and
 Review of Education Records?

Section 99.10 What rights exist for a parent or eligible
student to inspect and review education records?

(a) Except as limited under section 99.12, a parent or
eligible student must be given the opportunity to
inspect and review the studentþs education records.

This provision applies to --

(1) Any educational agency or institution; and

(2) Any State educational agency (SEA) and its
components.

(i) For the purposes of subpart B of this part, an
SEA and its components constitute an educational
agency or institution.

(ii) An SEA and its components are subject to
subpart B of this part if the SEA maintains
education records on students who are or have been
in attendance at any school of an educational
agency or institution subject to the Act and this
part.

(b) The educational agency or institution, or SEA
or its component, shall comply with a request for
access to records within a reasonable period of
time, but not more than 45 days after it has
received the request.

(c) The educational agency or institution, or SEA
or its component, shall respond to reasonable
requests for explanations and interpretations of
the records.

(d) If circumstances effectively prevent the parent
or eligible student from exercising the right to
inspect and review the studentþs education records,
the educational agency or institution, or SEA or
its component, shall --

(1) Provide the parent or eligible student with a
copy of the records requested; or

(2) Make other arrangements for the parent or
eligible student to inspect and review the
requested records.

(e) The educational agency or institution, or SEA
or its component, shall not destroy any education
records if there is an outstanding request to
inspect and review the records under this section.

(f) While an education agency or institution is not
required to give an eligible student access to
treatment records under paragraph (b)(4) of the
definition of "Education records" in section 99.3, the
student may have those records reviewed by a
physician or other appropriate professional of the
studentþs choice.

(Authority: 20 U.S.C. 1232g(a)(1)(A) and (B))

Section 99.11 May an educational agency or institution
charge a fee for copies of education records?

(a) Unless the imposition of a fee effectively
prevents a parent or eligible student from
exercising the right to inspect and review the
student's education records, an educational agency
or institution may charge a fee for a copy of an
education record which is made for the parent or
eligible student.

(b) An educational agency or institution may not
charge a fee to search for or to retrieve the
education records of a student.

(Authority: 20 U.S.C. 1232g(a)(1))

Section 99.12 What limitations exist on the right to
inspect and review records?

(a) If the education records of a student contain
information on more than one student, the parent or
eligible student may inspect and review or be
informed of only the specific information about
that student.

(b) A postsecondary institution does not have to
permit a student to inspect and review education
records that are:

(1) Financial records, including any information
those records contain, of his or her parents;

(2) Confidential letters and confidential
statements of recommendation placed in the
education records of the student before January 1,
1975, as long as the statements are used only for
the purposes for which they were specifically
intended; and

(3) Confidential letters and confidential
statements of recommendation placed in the
studentþs education records after January 1, 1975,
if:

(i) The student has waived his or her right to
inspect and review those letters and statements;
and

(ii) Those letters and statements are related to
the student's:

(A) Admission to an educational institution;

(B) Application for employment; or

(C) Receipt of an honor or honorary recognition.

(c)(1) A waiver under paragraph (b)(3)(i) of this
section is valid only if:

(i) The educational agency or institution does not
require the waiver as a condition for admission to
or receipt of a service or benefit from the agency
or institution; and

(ii) The waiver is made in writing and signed by
the student, regardless of age.

(2) If a student has waived his or her rights under
paragraph (b)(3)(i) of this section, the
educational institution shall:

(i) Give the student, on request, the names of the
individuals who provided the letters and statements
of recommendation; and

(ii) Use the letters and statements of
recommendation only for the purpose for which they
were intended.

(3)(i) A waiver under paragraph (b)(3)(i) of this
section may be revoked with respect to any actions
occurring after the revocation.

(ii) A revocation under paragraph (c)(3)(i) of this
section must be in writing.

(Authority: 20 U.S.C. 1232g(a)(1)(A), (B), (C), and
(D))

Subpart C--What Are the Procedures for Amending
 Education Records?

Section 99.20 How can a parent or eligible student
request amendment of the student's education
records?

(a) If a parent or eligible student believes the
education records relating to the student contain
information that is inaccurate, misleading, or in
violation of the student's rights of privacy, he or
she may ask the educational agency or institution
to amend the record.

(b) The educational agency or institution shall
decide whether to amend the record as requested
within a reasonable time after the agency or
institution receives the request.

(c) If the educational agency or institution
decides not to amend the record as requested, it
shall inform the parent or eligible student of its
decision and of his or her right to a hearing under
section 99.21.

(Authority: 20 U.S.C. 1232g(a)(2))

Section 99.21 Under what conditions does a parent or
eligible student have the right to a hearing?

(a) An educational agency or institution shall give
a parent or eligible student, on request, an
opportunity for a hearing to challenge the content
of the studentþs education records on the grounds
that the information contained in the education
records is inaccurate, misleading, or in violation
of the privacy rights of the student.

(b)(1) If, as a result of the hearing, the
educational agency or institution decides that the
information is inaccurate, misleading, or otherwise
in violation of the privacy rights of the student,
it shall:

(i) Amend the record accordingly; and

(ii) Inform the parent or eligible student of the
amendment in writing.

(2) If, as a result of the hearing, the educational
agency or institution decides that the information
in the education record is not inaccurate,
misleading, or otherwise in violation of the
privacy rights of the student, it shall inform the
parent or eligible student of the right to place a
statement in the record commenting on the contested
information in the record or stating why he or she
disagrees with the decision of the agency or
institution, or both.

(c) If an educational agency or institution places
a statement in the education records of a student
under paragraph (b)(2) of this section, the agency
or institution shall:

(1) Maintain the statement with the contested part
of the record for as long as the record is
maintained; and

(2) Disclose the statement whenever it discloses
the portion of the record to which the statement
relates.

(Authority: 20 U.S.C. 1232g(a)(2))

Section 99.22 What minimum requirements exist for the
conduct of a hearing?

The hearing required by section 99.21 must meet, at a
minimum, the following requirements:

(a) The educational agency or institution shall
hold the hearing within a reasonable time after it
has received the request for the hearing from the
parent or eligible student.

(b) The educational agency or institution shall
give the parent or eligible student notice of the
date, time, and place, reasonably in advance of the
hearing.

(c) The hearing may be conducted by any individual,
including an official of the educational agency or
institution, who does not have a direct interest in
the outcome of the hearing.

(d) The educational agency or institution shall
give the parent or eligible student a full and fair
opportunity to present evidence relevant to the
issues raised under section 99.21. The parent or eligible
student may, at their own expense, be assisted or
represented by one or more individuals of his or
her own choice, including an attorney.

(e) The educational agency or institution shall
make its decision in writing within a reasonable
period of time after the hearing.

(f) The decision must be based solely on the
evidence presented at the hearing, and must include
a summary of the evidence and the reasons for the
decision.

(Authority: 20 U.S.C. 1232g(a)(2))

Subpart D--May an Educational Agency or Institution
 Disclose Personally Identifiable Information From
 Education Records?

Section 99.30 Under what conditions is prior consent
required to disclose information?

(a) The parent or eligible student shall provide a
signed and dated written consent before an
educational agency or institution discloses
personally identifiable information from the
studentþs education records, except as provided in
section 99.31.

(b) The written consent must:

(1) Specify the records that may be disclosed;

(2) State the purpose of the disclosure; and

(3) Identify the party or class of parties to whom
the disclosure may be made.

(c) When a disclosure is made under paragraph (a)
of this section:

(1) If a parent or eligible student so requests,
the educational agency or institution shall provide
him or her with a copy of the records disclosed;
and

(2) If the parent of a student who is not an
eligible student so requests, the agency or
institution shall provide the student with a copy
of the records disclosed.

(Authority: 20 U.S.C. 1232g(b)(1) and (b)(2)(A))

Section 99.31 Under what conditions is prior consent not
required to disclose information?

(a) An educational agency or institution may
disclose personally identifiable information from
an education record of a student without the
consent required by section 99.30 if the disclosure meets
one or more of the following conditions:

(1) The disclosure is to other school officials,
including teachers, within the agency or
institution whom the agency or institution has
determined to have legitimate educational
interests.

(2) The disclosure is, subject to the requirements
of section 99.34, to officials of another school, school
system, or institution of postsecondary education
where the student seeks or intends to enroll.

(3) The disclosure is, subject to the requirements
of section 99.35, to authorized representatives of:

(i) The Comptroller General of the United States;

(ii) The Secretary; or

(iii) State and local educational authorities.

(4)(i) The disclosure is in connection with
financial aid for which the student has applied or
which the student has received, if the information
is necessary for such purposes as to:

(A) Determine eligibility for the aid;

(B) Determine the amount of the aid;

(C) Determine the conditions for the aid; or

(D) Enforce the terms and conditions of the aid.

(ii) As used in paragraph (a)(4)(i) of this
section, "financial aid" means a payment of funds
provided to an individual (or a payment in kind of
tangible or intangible property to the individual)
that is conditioned on the individual's attendance
at an educational agency or institution.

(Authority: 20 U.S.C. 1232g(b)(1)(D))

(5)(i) The disclosure is to State and local
officials or authorities to whom this information
is specifically --

(A) Allowed to be reported or disclosed pursuant to
a State statute adopted before November 19, 1974,
if the allowed reporting or disclosure concerns the
juvenile justice system and the system's ability to
effectively serve the student whose records are
released; or

(B) Allowed to be reported or disclosed pursuant to
a State statute adopted after November 19, 1974,
subject to the requirements of section 99.38.

(ii) Paragraph (a)(5)(1) of this section does not
prevent a State from further limiting the number or
type of State or local officials to whom
disclosures may be made under that paragraph.

(6)(i) The disclosure is to organizations
conducting studies for, or on behalf of,
educational agencies or institutions to:

(A) Develop, validate, or administer predictive
tests;

(B) Administer student aid programs; or

(C) Improve instruction.

(ii) The agency or institution may disclose
information under paragraph (a)(6)(i) of this
section only if:

(A) The study is conducted in a manner that does
not permit personal identification of parents and
students by individuals other than representatives
of the organization; and

(B) The information is destroyed when no longer
needed for the purposes for which the study was
conducted.

(iii) If this Office determines that a third party
outside the educational agency or institution to
whom information is disclosed under this paragraph
(a)(6) violates paragraph (a)(6)(ii)(B) of this
section, the educational agency or institution may
not allow that third party access to personally
identifiable information from education records for
at least five years.

(iv) For the purposes of paragraph (a)(6) of this
section, the term "organization" includes, but is
not limited to, Federal, State, and local agencies,
and independent organizations.

(7) The disclosure is to accrediting organizations
to carry out their accrediting functions.

(8) The disclosure is to parents of a dependent
student, as defined in section 152 of the Internal
Revenue Code of 1986.

(9)(i) The disclosure is to comply with a judicial
order or lawfully issued subpoena.

(ii) The educational agency or institution may
disclose information under paragraph (a)(9)(i) of
this section only if the agency or institution
makes a reasonable effort to notify the parent or
eligible student of the order or subpoena in
advance of compliance, so that the parent or
eligible student may seek protective action, unless
the disclosure is in compliance with --

(A) A Federal grand jury subpoena and the court has
ordered that the existence or the contents of the
subpoena or the information furnished in response
to the subpoena not be disclosed; or

(B) Any other subpoena issued for a law enforcement
purpose and the court or other issuing agency has
ordered that the existence or the contents of the
subpoena or the information furnished in response
to the subpoena not be disclosed.

(iii) If the educational agency or institution
initiates legal action against a parent or student
and has complied with paragraph (a)(9)(ii) of this
section, it may disclose the student's education
records that are relevant to the action to the
court without a court order or subpoena.

(10) The disclosure is in connection with a health
or safety emergency, under the conditions described
in section 99.36.

(11) The disclosure is information the educational
agency or institution has designated as "directory
information," under the conditions described in
section 99.37.

(12) The disclosure is to the parent of a student
who is not an eligible student or to the student.

(13) The disclosure is to an alleged victim of any
crime of violence, as that term is defined in
Section 16 of title 18, United States Code, of the
results of any disciplinary proceeding conducted by
an institution of postsecondary education against
the alleged perpetrator of that crime with respect
to that crime.

(b) This section does not forbid an educational
agency or institution to disclose, nor does it
require an educational agency or institution to
disclose, personally identifiable information from
the education records of a student to any parties
under paragraphs (a)(1) through (11) and (13) of
this section.

(Authority: 20 U.S.C. 1232g(a)(5)(A), (b)(1),
(b)(2)(B), and (b)(6))

Section 99.32 What recordkeeping requirements exist
concerning requests and disclosures?

(a)(1) An educational agency or institution shall
maintain a record of each request for access to and
each disclosure of personally identifiable
information from the education records of each
student.

(2) The agency or institution shall maintain the
record with the education records of the student as
long as the records are maintained.

(3) For each request or disclosure the record must
include:

(i) The parties who have requested or received
personally identifiable information from the
education records; and

(ii) The legitimate interests the parties had in
requesting or obtaining the information.

(b) If an educational agency or institution
discloses personally identifiable information from
an education record with the understanding
authorized under section 99.33(b), the record of the
disclosure required under this section must
include:

(1) The names of the additional parties to which
the receiving party may disclose the information on
behalf of the educational agency or institution;
and

(2) The legitimate interests under section 99.31 which
each of the additional parties has in requesting or
obtaining the information.

(c) The following parties may inspect the record
relating to each student:

(1) The parent or eligible student.

(2) The school official or his or her assistants
who are responsible for the custody of the records.

(3) Those parties authorized in section 99.3 1 (a)(1) and
(3) for the purposes of auditing the recordkeeping
procedures of the educational agency or
institution.

(d) Paragraph (a) of this section does not apply if
the request was from, or the disclosure was to:

(1) The parent or eligible student;

(2) A school official under section 99.3 1 (a)(1);

(3) A party with written consent from the parent or
eligible student;

(4) A party seeking directory information; or

(5) A party seeking or receiving the records as
directed by a Federal grand jury or other law
enforcement subpoena and the issuing court or other
issuing agency has ordered that the existence or
the contents of the subpoena or the information
furnished in response to the subpoena not be
disclosed.

(Approved by the Office of Management and Budget
under control number 1880-0508)

(Authority: 20 U.S.C. 1232g(b)(1) and (b)(4)(A))

Section 99.33 What limitations apply to the redisclosure
of information?

(a)(1) An educational agency or institution may
disclose personally identifiable information from
an education record only on the condition that the
party to whom the information is disclosed will not
disclose the information to any other party without
the prior consent of the parent or eligible
student.

(2) The officers, employees, and agents of a party
that receives information under paragraph (a)(1) of
this section may use the information, but only for
the purposes for which the disclosure was made.

(b) Paragraph (a) of this section does not prevent
an educational agency or institution from
disclosing personally identifiable information with
the understanding that the party receiving the
information may make further disclosures of the
information on behalf of the educational agency or
institution if:

(1) The disclosures meet the requirements of
section 99.31; and

(2) The educational agency or institution has
complied with the requirements of section 99.32(b).

(c) Paragraph (a) of this section does not apply to
disclosures made pursuant to court orders or to
lawfully issued subpoenas under section 99.31(a)(9), to
disclosures of directory information under
section 99.31(a) (11), or to disclosures to a parent or
student under section 99.31 (a)(12).

(d) Except for disclosures under section 99.31(a)(9),
(11) and (12), an educational agency or institution
shall inform a party to whom disclosure is made of
the requirements of this section.

(e) If this Office determines that a third party
improperly rediscloses personally identifiable
information from education records in violation of
section 99.33(a) of this section, the educational agency
or institution may not allow that third party
access to personally identifiable information from
education records for at least five years.

(Authority: 20 U.S.C. 1232g(b)(4)(B))

Section 99.34 What conditions apply to disclosure of
information to other educational agencies or
institutions?

(a) An educational agency or institution that
discloses an education record under section 99.31(a)(2)
shall:

(1) Make a reasonable attempt to notify the parent
or eligible student at the last known address of
the parent or eligible student, unless:

(i) The disclosure is initiated by the parent or
eligible student; or

(ii) The annual notification of the agency or
institution under section 99.7 includes a notice that the
agency or institution forwards education records to
other agencies or institutions that have requested
the records and in which the student seeks or
intends to enroll:

(2) Give the parent or eligible student, upon
request, a copy of the record that was disclosed;
and

(3) Give the parent or eligible student, upon
request, an opportunity for a hearing under Subpart
C.

(b) An educational agency or institution may
disclose an education record of a student in
attendance to another educational agency or
institution if:

(1) The student is enrolled in or receives services
from the other agency or institution; and

(2) The disclosure meets the requirements of
paragraph (a) of this section.

(Authority: 20 U.S.C. 1232g(b)(1)(B))

Section 99.35 What conditions apply to disclosure of
information for Federal or State program purposes?

(a) The officials listed in section 99.31(a)(3) may have
access to education records in connection with an
audit or evaluation of Federal or State supported
education programs, or for the enforcement of or
compliance with Federal legal requirements which
relate to those programs.

(b) Information that is collected under paragraph
(a) of this section must:

(1) Be protected in a manner that does not permit
personal identification of individuals by anyone
except the officials referred to in paragraph (a)
of this section; and

(2) Be destroyed when no longer needed for the
purposes listed in paragraph (a) of this section.

(c) Paragraph (b) of this section does not apply
if:

(1) The parent or eligible student has given
written consent for the disclosure under section 99.30;
or

(2) The collection of personally identifiable
information is specifically authorized by Federal
law.

(Authority: 20 U.S.C. 1232g(b)(3))

Section 99.36 What conditions apply to disclosure of
information in health and safety emergencies?

(a) An educational agency or institution may
disclose personally identifiable information from
an education record to appropriate parties in
connection with an emergency if knowledge of the
information is necessary to protect the health or
safety of the student or other individuals.

(b) Nothing in the Act or this part shall prevent
an educational agency or institution from --

(1) Including in the education records of a student
appropriate information concerning disciplinary
action taken against the student for conduct that
posed a significant risk to the safety or
well-being of that student, other students, or
other members of the school community;

(2) Disclosing appropriate information maintained
under paragraph (b)(1) of this section to teachers
and school officials within the agency or
institution who the agency or institution has
determined have legitimate educational interests in
the behavior of the student; or

(3) Disclosing appropriate information maintained
under paragraph (b)(1) of this section to teachers
and school officials in other schools who have been
determined to have legitimate educational interests
in the behavior of the student.

(c) Paragraphs (a) and (b) of this section will be
strictly construed.

(Authority: 20 U.S.C. 1232g(b)(1)(I) and (h))

Section 99.37 What conditions apply to disclosing
directory information?

(a) An educational agency or institution may
disclose directory information if it has given
public notice to parents of students in attendance
and eligible students in attendance at the agency
or institution of:

(1) The types of personally identifiable
information that the agency or institution has
designated as directory information;

(2) A parentþs or eligible studentþs right to
refuse to let the agency or institution designate
any or all of those types of information about the
student as directory information; and

(3) The period of time within which a parent or
eligible student has to notify the agency or
institution in writing that he or she does not want
any or all of those types of information about the
student designated as directory information.

(b) An educational agency or institution may
disclose directory information about former
students without meeting the conditions in
paragraph (a) of this section.

(Authority: 20 U.S.C. 1232g(a)(5)(A) and (B))

Section 99.38 What conditions apply to disclosure of
information as permitted by State statute adopted
after November 19, 1974 concerning the juvenile
justice system?

(a) If reporting or disclosure allowed by State
statute concerns the juvenile justice system and
the systemþs ability to effectively serve, prior to
adjudication, the student whose records are
released, an educational agency or institution may
disclose education records under section
99.31(a)(5)(i)(B).

(b) The officials and authorities to whom the
records are disclosed shall certify in writing to
the educational agency or institution that the
information will not be disclosed to any other
party, except as provided under State law, without
the prior written consent of the parent of the
student.

(Authority: 20 U.S.C. 1232g(b)(1)(J))

Subpart E -- What Are the Enforcement Procedures?

Section 99.60 What functions has the Secretary delegated
to the Office and to the Office of Administrative
Law Judges?

(a) For the purposes of this subpart, "Officeþ
means the Family Policy Compliance Office, U.S.
Department of Education.

(b) The Secretary designates the Office to:

(1) Investigate, process, and review complaints and
violations under the Act and this part; and

(2) Provide technical assistance to ensure
compliance with the Act and this part.

(c) The Secretary designates the Office of
Administrative Law Judges to act as the Review
Board required under the Act to enforce the Act
with respect to all applicable programs. The term
"applicable program" is defined in section 400 of
the General Education Provisions Act.

(Authority: 20 U.S.C. 1232g(f) and (g), 1234)

Section 99.61 What responsibility does an educational
agency or institution have concerning conflict with
State or local laws?

If an educational agency or institution determines
that it cannot comply with the Act or this part due
to a conflict with State or local law, it shall
notify the Office within 45 days, giving the text
and citation of the conflicting law.

(Authority: 20 U.S.C. 1232g(f))

Section 99.62 What information must an educational agency
or institution submit to the Office?

The Office may require an educational agency or
institution to submit reports containing
information necessary to resolve complaints under
the Act and the regulations in this part.

(Authority: 20 U.S.C. 1232g(f) and (g))

Section 99.63 Where are complaints filed?

A parent or eligible student may file a written
complaint with the Office regarding an alleged
violation under the Act and this part. The Officeþs
address is: Family Policy Compliance Office, U.S.
Department of Education, Washington, D.C. 20202-
4605.

(Authority: 20 U.S.C. 1232g(g))

Section 99.64 What is the complaint procedure?

(a) A complaint filed under section 99.63 must contain
specific allegations of fact giving reasonable
cause to believe that a violation of the Act or
this part has occurred.

(b) The Office investigates each timely complaint
to determine whether the educational agency or
institution has failed to comply with the
provisions of the Act or this part.

(c) A timely complaint is defined as an allegation
of a violation of the Act that is submitted to the
Office within 180 days of the date of the alleged
violation or of the date that the complainant knew
or reasonably should have known of the alleged
violation.

(d) The Office extends the time limit in this
section if the complainant shows that he or she was
prevented by circumstances beyond the complainantþs
control from submitting the matter within the time
limit, or for other reasons considered sufficient
by the Office.

(Authority: 20 U.S.C. 1232g(f))

Section 99.65 What is the content of the notice of
complaint issued by the Office?

(a) The Office notifies the complainant and the
educational agency or institution in writing if it
initiates an investigation of a complaint under section
99.64(b). The notice to the educational agency or
institution --

(1) Includes the substance of the alleged
violation; and

(2) Asks the agency or institution to submit a
written response to the complaint.

(b) The Office notifies the complainant if it does
not initiate an investigation of a complaint
because the complaint fails to meet the
requirements of section 99.64.

(Authority: 20 U.S.C. 1232g(g))

Section 99.66 What are the responsibilities of the Office
in the enforcement process?

(a) The Office reviews the complaint and response
and may permit the parties to submit further
written or oral arguments or information.

(b) Following its investigation, the Office
provides to the complainant and the educational
agency or institution written notice of its
findings and the basis for its findings.

(c) If the Office finds that the educational agency
or institution has not complied with the Act or
this part, the notice under paragraph (b) of this
section:

(1) Includes a statement of the specific steps that
the agency or institution must take to comply; and

(2) Provides a reasonable period of time, given all
of the circumstances of the case, during which the
educational agency or institution may comply
voluntarily.

(Authority: 20 U.S.C. 1232g(f))

Section 99.67 How does the Secretary enforce decisions?

(a) If the educational agency or institution does
not comply during the period of time set under
section 99.66(c), the Secretary may, in accordance with
part E of the General Education Provisions Act --

(1) Withhold further payments under any applicable
program;

(2) Issue a compliant to compel compliance through
a cease-and-desist order; or

(3) Terminate eligibility to receive funding under
any applicable program.

(b) If, after an investigation under section 99.66, the
Secretary finds that an educational agency or
institution has complied voluntarily with the Act
or this part, the Secretary provides the
complainant and the agency or institution written
notice of the decision and the basis for the
decision.

(Note: 34 CFR Part 78 contains the regulations of
the Education Appeal Board.)

[Please note that Part 78 has been removed from the
CFR and has been replaced with 34 CFR Part 81.]

(Authority: 20 U.S.C. 1232g(f); 20 U.S.C. 1234)

[These regulations are codified in 34 CFR Part 99
as amended on November 21, 1996 (61 FR 59292).]

------------------------------

Appendix B: Model Notification of Rights Under
 FERPA for Elementary and Secondary Institutions

The Family Educational Rights and Privacy Act
(FERPA) affords parents and students over 18 years
of age ("eligible students") certain rights with
respect to the student's education records. They
are:

(1) The right to inspect and review the studentþs
education records within 45 days of the day the
District receives a request for access.

Parents or eligible students should submit to the
school principal [or appropriate school official] a
written request that identifies the record(s) they
wish to inspect. The principal will make
arrangements for access and notify the parent or
eligible student of the time and place where the
records may be inspected.

(2) The right to request the amendment of the
studentþs education records that the parent or
eligible student believes are inaccurate or
misleading.

Parents or eligible students may ask Alpha School
District to amend a record that they believe is
inaccurate or misleading. They should write the
school principal, clearly identify the part of the
record they want changed, and specify why it is
inaccurate or misleading.

If the District decides not to amend the record as
requested by the parent or eligible student, the
District will notify the parent or eligible student
of the decision and advise them of their right to a
hearing regarding the request for amendment.
Additional information regarding the hearing
procedures will be provided to the parent or
eligible student when notified of the right to a
hearing.

(3) The right to consent to disclosures of
personally identifiable information contained in
the student's education records, except to the
extent that FERPA authorizes disclosure without
consent.

One exception which permits disclosure without
consent is disclosure to school officials with
legitimate educational interests. A school official
is a person employed by the District as an
administrator, supervisor, instructor, or support
staff member (including health or medical staff and
law enforcement unit personnel); a person serving
on the School Board; a person or company with whom
the District has contracted to perform a special
task (such as an attorney, auditor, medical
consultant, or therapist); or a parent or student
serving on an official committee, such as a
disciplinary or grievance committee, or assisting
another school official in performing his or her
tasks.

A school official has a legitimate educational
interest if the official needs to review an
education record in order to fulfill his or her
professional responsibility.

[Optional] Upon request, the District discloses
education records without consent to officials of
another school district in which a student seeks or
intends to enroll. [NOTE: FERPA requires a school
district to make a reasonable attempt to notify the
student of the records request unless it states in
its annual notification that it intends to forward
records on request.]

(4) The right to file a complaint with the U.S.
Department of Education concerning alleged failures
by the District to comply with the requirements of
FERPA. The Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue SW.
Washington, DC 20202-4605

[NOTE: In addition, a school may want to include
its directory information public notice, as
required by section 99.37 of the regulations, with its
annual notification of rights under FERPA.]

------------------------------

Appendix D: Model Interagency Agreement

This Agreement made and entered into as of the date
set forth below, by and between the
[List Agencies Here]

WITNESSETH:

WHEREAS, all parties are committed to providing
appropriate programs and services to prevent
children from becoming at risk and to intervene
with children already involved in the juvenile
justice system; and

WHEREAS, the parties to this agreement desire a
maximum degree of long range cooperation and
administrative planning in order to provide for the
safety and security of the community and its
children; and

WHEREAS, all parties are committed to improving
services to children in the juvenile justice system
through sharing information, eliminating
duplication of services and coordinating efforts;
and

WHEREAS, all parties mutually agree that sharing
resources, where feasible, and in particular,
training efforts, may result in improved
coordination; and

WHEREAS, it is the understanding by all parties
that certain roles in serving children and youth
are required by law, and that these laws serve as
the foundation for defining the role and
responsibility of each participating agency; and

WHEREAS, all parties mutually agree that all
obligations stated or implied in this agreement
shall be interpreted in light of, and consistent
with governing State and Federal laws;

NOW, THEREFORE in consideration of the following
agreements, the parties do hereby convenant and
agree to do the following:


EACH OF THE PARTIES AGREE TO:

1. Promote a coordinated effort among agencies and
staff to achieve maximum public safety with the
goal of reducing juvenile crime.

2. Participate in interagency planning meetings, as
appropriate.

3. Assign staff, as appropriate, to participate in
a consolidated case management system, reentry into
school of children returning from detention or
commitment program, and other information-sharing
activities to assess and develop plans for at-risk
youth and those involved in the juvenile justice
system.

4. If applicable, participate in the planning and
implementation of a juvenile assessment, receiving,
and truancy center to the extent feasible for each
party.

5. Jointly plan, and/or provide information and
access to, training opportunities, when feasible.

6. Develop internal policies and cooperative
procedures, as needed, to implement this agreement
to the maximum extent possible.

7. Comply with relevant State and Federal law and
other applicable local rules which relate to
records use, security, dissemination, and
retention/destruction.

THE JUVENILE COURT AGREES TO:

1. Notify the Superintendent, or designee, of the
name and address of any student found to have
committed a delinquent act or who has had
adjudication withheld. Notification shall be within
48 hours and shall include the specific delinquent
act found to have been committed or for which
adjudication was withheld, or the specific felony
for which the student was found guilty.

2. Identify sanctions for youth who are in contempt
of court due to violation of a court order on
school attendance.

3. Upon request by the school district, share
dispositional information with the Superintendent
or his designee regarding juveniles who are
students within the educational system for purposes
of assessment, placement, or security of persons
and property.

4. Consider the issuance of court orders necessary
to promote the goals of this agreement,
particularly information sharing between the
agencies involved.

5. Develop, in cooperation with School and law
enforcement, and local service providers, a written
plan to determine the procedures to take when a
child is identified as being truant from school.

6. Develop appropriate internal written policies to
insure that confidential education record
information is disseminated only to appropriate
personnel.

THE DEPARTMENT OF PROBATION AGREES TO:

1. Notify the Sheriff and Superintendent of Schools
or designees, immediately upon learning of the move
or other relocation of a juvenile offender into,
out of, or within the jurisdiction, who has been
adjudicated, or had adjudication withheld for a
violent misdemeanor or felony.

2. Share dispositional, placement, and case
management information with other agencies as
appropriate for purposes of assessment, placement,
and enhanced supervision of juveniles.

3. Develop, in cooperation with School and law
enforcement, and local service providers, a written
plan to determine the procedures to take when a
child is identified as being truant from school.

4. Develop appropriate internal written policies to
insure that confidential education record
information is disseminated only to appropriate
personnel.

THE DEPARTMENT OF HEALTH [OR SOCIAL SERVICES OR
SIMILAR AGENCY] AGREES TO:

1. Provide notice to the Superintendent of Schools
or a designee, immediately upon the initiation of
planning efforts with private nonprofit entities or
governmental entities, including agencies part of
this Agreement, which could result in the creation,
relocation, or expansion of youth services programs
and which may impact the school district.

2. Develop, in cooperation with School and law
enforcement, and local service providers, a written
plan to determine the procedures to take when a
child is identified as being truant from school.

3. Develop appropriate internal written policies to
insure that confidential education record
information is disseminated only to appropriate
personnel.

THE SCHOOL SUPERINTENDENT AGREES TO:

1. Notify, within 24 hours, the childþs principal
of juveniles arrested for crimes of violence or
violation of law upon receipt of such information
from law enforcement or the court system or
probation department. The principal, within 24
hours of such notice, shall provide such
information to student service personnel, the
school resource officer, the student assistance
coordinator, and the student's immediate teachers.

2. Designate the contact person to be responsible
for receiving juvenile arrest information and
inform all parties as to the Superintendentþs
designee.

3. Request criminal history information only for
the purposes of assessment, placement, or security
of persons and property.

4. Designate the contact person(s) to be
responsible for receiving confidential criminal
history information and inform all parties as to
the names of those individuals.

5. Develop appropriate internal written policies to
insure that confidential criminal history
information is disseminated only to appropriate
school personnel.

6. Share information on student achievement, and
behavioral and attendance history on juvenile
offenders and juveniles at risk of becoming
offenders with the parties to this agreement, for
the purpose of assessment and treatment.

7. Develop, in cooperation with School and law
enforcement, and local service providers, a written
plan to determine the procedures to take when a
child is identified as being truant from school.

8. Notify the appropriate law enforcement agency
when an adult or a student commits any of the
following offenses on school property, on school
sponsored transportation, or at school sponsored
activities: Homicide; Sexual Battery; Armed
Robbery; Aggravated Battery on a teacher or other
school personnel; Kidnapping or abduction; Arson;
Possession, use, or sale of any firearm;
Possession, use, or sale of any explosive device;
Possession, use, or sale of any controlled
substance; or any act that compromises school or
community safety. Additionally, if the offense
involves a victim, school officials shall notify
the victim and the victim's parents of the offense
and the victim's right to press charges against the
offender. School personnel shall cooperate in any
investigation or other proceedings leading to the
victimþs exercise of right as provided by law.

EACH LAW ENFORCEMENT CHIEF [OR SHERIFF] AGREES TO:

1. Notify the Superintendent, or designee, of the
name and address of any student arrested for
crimes. Notification shall be within 24 hours and
shall include the specific delinquent which led to
the arrest.

2. Upon request by the school district, share
summary criminal history information with the
Superintendent or his designee regarding juveniles
who are students within the educational system for
purposes of assessment, placement, or security of
persons and property.

3. Develop appropriate internal written policies to
insure that confidential education record
information is disseminated only to appropriate
personnel.

4. Develop, in cooperation with School and law
enforcement, and local service providers, a written
plan to determine the procedures to take when a
child is identified as being truant from school.

5. Notify the Superintendent, or designee, of the
name and address of any employee of the school
district who is charged with a felony or with a
misdemeanor involving the abuse of a minor child or
the sale or possession of a controlled substance.
Notification shall be within 24 hours and shall
include the specific act which led to the arrest.

THE STATE ATTORNEY [OR DISTRICT ATTORNEY] AGREES
TO:

1. Notify the Superintendent or designee when a
student is formally charged with a felony, or with
a delinquent act which would be a felony if
committed by an adult in a timely manner.

2. Provide copies to the Superintendent or designee
of all Petitions, Informations, or No File
decisions, as to students for violent misdemeanors
and felonies or delinquent acts which would be a
felony if committed by an adult in a timely manner.

ADMINISTRATIVE

TERM OF AGREEMENT:

This agreement shall be in effect as of the date
the agreement is signed by the majority of the
initiating parties and shall renew automatically
unless otherwise modified. All parties are
signatory to this agreement when signing or when
the majority of the initiating parties signs,
whichever is later. Any party signatory to this
agreement may terminate participation upon thirty
days notice to all other signed parties to the
agreement.

AGENCY REPRESENTATIVES:

The parties will develop procedures for ongoing
meetings and will, at least annually review and if
necessary, recommend any changes.

MODIFICATION OF AGREEMENT:

Modification of this agreement shall be made only
by consent of the majority of the initiating
parties. Such shall be made with the same
formalities as were followed in this agreement and
shall include a written document setting forth the
modifications, signed by all the consenting
parties.

OTHER INTERAGENCY AGREEMENTS:

All parties to this agreement acknowledge that this
agreement does not preclude or preempt each of the
agencies individually entering into an agreement
with one or more parties to this agreement. Such
agreements shall not nullify the force and effect
of this agreement. This agreement does not remove
any other obligations imposed by law to share
information with other agencies.

SIGNATURES OF PARTIES TO THIS AGREEMENT:

Upon signing this agreement, the original agreement
and signature shall be filed with the clerk of the
court and placed in the public records of the
jurisdiction. A certified copy of the agreement and
the signatures shall be provided to each signatory
to the agreement.

Cautions for Model Interagency Agreement

As educators and juvenile justice professionals
work on developing interagency information sharing
agreements, they should ensure that the laws of
their State permit information and record sharing.
Further, the interagency agreement should contain a
clause prohibiting the release of information to
third parties not covered by the agreement.

------------------------------

Appendix E: Model State Statutes

Illinois

WESTþS SMITH-HURD ILLINOIS COMPILED STATUTES
 ANNOTATED

CHAPTER 705. COURTS
 JUVENILE COURTS
 ACT 405. JUVENILE COURT ACT OF 1987
 ARTICLE I. GENERAL PROVISIONS
 COPR. þ WEST 1994 No Claim to Orig. U.S. Govt.
 Works

405/1-8.1. Legislative findings

s. 1-8.1. Legislative findings.

(a) The General Assembly finds that a substantial
and disproportionate amount of serious crime is
committed by a relatively small number of juvenile
offenders, otherwise known as serious habitual
offenders. By this amendatory Act of 1992, the
General Assembly intends to support the efforts of
the juvenile justice system comprised of law
enforcement, state's attorneys, probation
departments, juvenile courts, social service
providers, and schools in the early identification
and treatment of habitual juvenile offenders. The
General Assembly further supports increased
interagency efforts to gather comprehensive data
and actively disseminate the data to the agencies
in the juvenile justice system to produce more
informed decisions by all entities in that system.

(b) The General Assembly finds that the
establishment of a Serious Habitual Offender
Comprehensive Action Program throughout the State
of Illinois is necessary to effectively intensify
the supervision of serious habitual juvenile
offenders in the community and to enhance current
rehabilitative efforts. A cooperative and
coordinated multi-disciplinary approach will
increase the opportunity for success with juvenile
offenders and assist in the development of early
intervention strategies.

CHAPTER 705. COURTS
 JUVENILE COURTS
 ACT 405. JUVENILE COURT ACT OF 1987
 ARTICLE I. GENERAL PROVISIONS
 COPR. þ WEST 1994 No Claim to Orig. U.S. Govt.
 Works

405/1-8.2. Cooperation of agencies; Serious
 Habitual Offender Comprehensive Action Program

s. 1-8.2. Cooperation of agencies; Serious Habitual
Offender Comprehensive Action Program.

(a) The Serious Habitual Offender Comprehensive
Action Program (SHOCAP) is a multi-disciplinary
interagency case management and information sharing
system that enables the juvenile justice system,
schools, and social service agencies to make more
informed decisions regarding a small number of
juveniles who repeatedly commit serious delinquent
acts.

(b) Each county in the State of Illinois may
establish a multi-disciplinary agency (SHOCAP)
committee. The committee shall consist of
representatives from the following agencies: local
law enforcement, area school district, stateþs
attorneyþs office, and court services (probation).
The chairman may appoint additional members to the
committee as deemed appropriate to accomplish the
goals of this program, including, but not limited
to, representatives from the juvenile detention
center, mental health, the Illinois Department of
Children and Family Services, and community
representatives at large.

(c) The SHOCAP committee shall adopt, by a majority
of the members:

(1) criteria that will identify those who qualify
as a serious habitual juvenile offender; and

(2) a written interagency information sharing
agreement to be signed by the chief executive
officer of each of the agencies represented on the
committee. The interagency information sharing
agreement shall include a provision that requires
that all records pertaining to a serious habitual
offender (SHO) shall be confidential. Disclosure of
information may be made to other staff from member
agencies as authorized by the SHOCAP committee for
the furtherance of case management and tracking of
the SHO. Staff from the member agencies who receive
this information shall be governed by the
confidentiality provisions of this Act. The staff
from the member agencies who will qualify to have
access to the SHOCAP information must be limited to
those individuals who provide direct services to
the SHO or who provide supervision of the SHO.

(d) The Chief Juvenile Circuit Judge, or the Chief
Circuit Judge, or his designee, may issue a
comprehensive information sharing court order. The
court order shall allow agencies who are
represented on the SHOCAP committee and whose chief
executive officer has signed the interagency
information sharing agreement to provide and
disclose information to the SHOCAP committee. The
sharing of information will ensure the coordination
and cooperation of all agencies represented in
providing case management and enhancing the
effectiveness of the SHOCAP efforts.

(e) Any person or agency who is participating in
good faith in the sharing of SHOCAP information
under this Act shall have immunity from any
liability, civil, criminal, or otherwise, that
might result by reason of the type of information
exchanged. For the purpose of any proceedings,
civil or criminal, the good faith of any person or
agency permitted to share SHOCAP information under
this Act shall be presumed.

(f) All reports concerning SHOCAP clients made
available to members of the SHOCAP committee and
all records generated from these reports shall be
confidential and shall not be disclosed, except as
specifically authorized by this Act or other
applicable law. It is a Class A misdemeanor to
permit, assist, or encourage the unauthorized
release of any information contained in SHOCAP
reports or records.

Florida

FLORIDA STATUTES
 TITLE V JUDICIAL BRANCH
 CHAPTER 39 PROCEEDINGS RELATING TO JUVENILES
 PART II DELINQUENCY CASES
 Fla. Stat. @ 39.045 (1995)

39.045 Oaths; records; confidential information.

(1) Authorized agents of the Department of Juvenile
Justice may administer oaths and affirmations.

(2) The clerk of the court shall make and keep
records of all cases brought before it pursuant to
this part. The court shall preserve the records
pertaining to a child charged with committing a
delinquent act or violation of law until the child
reaches 24 years of age or reaches 26 years of age
if he or she is a serious or habitual delinquent
child, until 5 years after the last entry was made,
or until 3 years after the death of the child,
whichever is earlier, and may then destroy them,
except that records made of traffic offenses in
which there is no allegation of delinquency may be
destroyed as soon as this can be reasonably
accomplished. The court shall make official records
of all petitions and orders filed in a case arising
pursuant to this part and of any other pleadings,
certificates, proofs of publication, summonses,
warrants, and writs that are filed pursuant to the
case.

(3) Records maintained by the Department of
Juvenile Justice, including copies of records
maintained by the court, which pertain to a child
found to have committed a delinquent act which, if
committed by an adult, would be a crime specified
in ss. 110.1127, 393.0655, 394.457, 397.451, n1
402.305(1), 409.175, and 409.176 may not be
destroyed pursuant to this section, except in cases
of the death of the child. Such records, however,
shall be sealed by the court for use only in
meeting the screening requirements for personnel in
s.402.3055 and the other sections cited above, or
pursuant to departmental rule. The information
shall be released to those persons specified in the
above cited sections for the purposes of complying
with those sections. The court may punish by
contempt any person who releases or uses the
records for any unauthorized purpose.

(4) The clerk shall keep all official records
required by this section separate from other
records of the circuit court, except those records
pertaining to motor vehicle violations, which shall
be forwarded to the Department of Highway Safety
and Motor Vehicles. Except as provided in
subsection (9), official records required by this
part are not open to inspection by the public, but
may be inspected only upon order of the court by
persons deemed by the court to have a proper
interest therein, except that a child and the
parents, guardians, or legal custodians of the
child and their attorneys, law enforcement
agencies, the Department of Juvenile Justice and
its designees, the Parole Commission, and the
Department of Corrections shall always have the
right to inspect and copy any official record
pertaining to the child. The court may permit
authorized representatives of recognized
organizations compiling statistics for proper
purposes to inspect, and make abstracts from,
official records under whatever conditions upon the
use and disposition of such records the court may
deem proper and may punish by contempt proceedings
any violation of those conditions.

(5) Except as provided in subsections (3) and (8),
all information obtained under this part in the
discharge of official duty by any judge, any
employee of the court, any authorized agent of the
Department of Juvenile Justice, the Parole
Commission, the Juvenile Justice Advisory Board,
the Department of Corrections, the district
juvenile justice boards, any law enforcement agent,
or any licensed professional or licensed community
agency representative participating in the
assessment or treatment of a juvenile is
confidential and may be disclosed only to the
authorized personnel of the court, the Department
of Juvenile Justice and its designees, the
Department of Corrections, the Parole Commission,
the Juvenile Justice Advisory Board, law
enforcement agents, school superintendents and
their designees, any licensed professional or
licensed community agency representative
participating in the assessment or treatment of a
juvenile, and others entitled under this part to
receive that information, or upon order of the
court.

Within each county, the sheriff, the chiefs of
police, the district school superintendent, and the
department shall enter into an interagency
agreement for the purpose of sharing information
about juvenile offenders among all parties. The
agreement must specify the conditions under which
summary criminal history information is to be made
available to appropriate school personnel, and the
conditions under which school records are to be
made available to appropriate department personnel.
The agencies entering into such agreement must
comply with s. 943.0525, and must maintain the
confidentiality of information that is otherwise
exempt from s. 119.07(1), as provided by law.

(6) All orders of the court entered pursuant to
this part must be in writing and signed by the
judge, except that the clerk or deputy clerk may
sign a summons or notice to appear.

(7) A court record of proceedings under this part
is not admissible in evidence in any other civil or
criminal proceeding, except that:

(a) Orders transferring a child for trial as an
adult are admissible in evidence in the court in
which he or she is tried, but create no presumption
as to the guilt of the child; nor may such orders
be read to, or commented upon in the presence of,
the jury in any trial.

(b) Orders binding an adult over for trial on a
criminal charge, made by the judge as a committing
magistrate, are admissible in evidence in the court
to which the adult is bound over.

(c) Records of proceedings under this part forming
a part of the record on appeal must be used in the
appellate court in the manner provided in s.
39.069(4).

(d) Records are admissible in evidence in any case
in which a person is being tried upon a charge of
having committed perjury, to the extent such
records are necessary to prove the charge.

(e) Records of proceedings under this part may be
used to prove disqualification pursuant to ss.
39.076, 110.1127, 393.0655, 394.457, 397.451,
402.305, 402.313, 409.175, and 409.176, and for
proof in a chapter 120 proceeding pursuant to ss.
415.1075 and n2 415.504.

(8) (a) Records regarding children are not open to
inspection by the public. Such records may be
inspected only upon order of the Secretary of
Juvenile Justice or his or her authorized agent by
persons who have sufficient reason and upon such
conditions for their use and disposition as the
secretary or his or her authorized agent deems
proper. The information in such records may be
disclosed only to other employees of the Department
of Juvenile Justice who have a need therefor in
order to perform their official duty; to other
persons as authorized by rule of the Department of
Juvenile Justice; and, upon request, to the
Juvenile Justice Advisory Board and the Department
of Corrections. The secretary or his or her
authorized agent may permit properly qualified
persons to inspect and make abstracts from records
for statistical purposes under whatever conditions
upon their use and disposition the secretary or his
or her authorized agent deems proper, provided
adequate assurances are given that childrenþs names
and other identifying information will not be
disclosed by the applicant.

(b) The destruction of records pertaining to
children committed to or supervised by the
Department of Juvenile Justice pursuant to a court
order, which records are retained until a child
reaches the age of 24 years or until a serious or
habitual delinquent child reaches the age of 26
years, shall be subject to chapter 943.

(9) Notwithstanding any other provisions of this
part, a law enforcement agency may release for
publication the name, photograph, and address of a
child taken into custody if the child has been
taken into custody by a law enforcement officer for
a violation of law which, if committed by an adult,
would be a felony, or the name, photograph, and
address of any child who has been found by a court
to have committed three or more violations of law
which, if committed by an adult, would be
misdemeanors.

(10) This part does not prohibit the release of the
juvenile offense report by a law enforcement agency
to the victim of the offense.

(11) Notwithstanding any other provision of this
section, when a child of any age is taken into
custody by a law enforcement officer for an offense
that would have been a felony if committed by an
adult, or a crime of violence, the law enforcement
agency must notify the superintendent of schools
that the child is alleged to have committed the
delinquent act. Upon notification, the principal is
authorized to begin disciplinary actions pursuant
to s. 232.26. The information obtained by the
superintendent of schools pursuant to this section
must be released within 48 hours after receipt to
appropriate school personnel, including the
principal of the school of the child. The principal
must immediately notify the childþs immediate
classroom teachers.

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