Bill Text: FL S1058 | 2010 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Cooperation Between Schools & Juvenile Authorities [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-06-03 - Approved by Governor; Chapter No. 2010-192 [S1058 Detail]

Download: Florida-2010-S1058-Engrossed.html

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CS for CS for SB 1058                      First Engrossed (ntc) 
20101058e1 
1                        A bill to be entitled 
2         An act relating to the cooperation between schools and 
3         juvenile authorities; amending s. 985.04, F.S.; 
4         requiring that specified school personnel be notified 
5         when a child of any age is formally charged by a state 
6         attorney with a felony or a delinquent act that would 
7         be a felony if committed by an adult and the 
8         disposition of the charges; amending s. 1002.221, 
9         F.S.; authorizing certain entities to release a 
10         student’s education records without consent of the 
11         student or parent to parties to an interagency 
12         agreement for specified purposes; providing that 
13         without consent such information is inadmissible in a 
14         court proceeding before a dispositional hearing; 
15         providing an effective date. 
16 
17  Be It Enacted by the Legislature of the State of Florida: 
18 
19         Section 1. Paragraph (b) of subsection (4) of section 
20  985.04, Florida Statutes, is amended to read: 
21         985.04 Oaths; records; confidential information.— 
22         (4) 
23         (b) Notwithstanding paragraph (a) or any other provision of 
24  this section, when a child of any age is formally charged by a 
25  state attorney with a felony or a delinquent act that would be a 
26  felony if committed by an adult, the state attorney shall notify 
27  the superintendent of the child’s school that the child has been 
28  charged with such felony or delinquent act. The information 
29  obtained by the superintendent of schools under this section 
30  must be released within 48 hours after receipt to appropriate 
31  school personnel, including the principal of the school of the 
32  child and the director of transportation. The principal must 
33  immediately notify the child’s immediate classroom teachers, the 
34  child’s assigned bus driver, and any other school personnel 
35  whose duties include direct supervision of the child. Upon 
36  notification, the principal is authorized to begin disciplinary 
37  actions under s. 1006.09(1)-(4). The superintendent must also be 
38  notified and must notify the other school personnel whose duties 
39  include direct supervision of the child of the disposition of 
40  the charges against the child. 
41         Section 2. Subsection (2) of section 1002.221, Florida 
42  Statutes, is amended to read: 
43         1002.221 K-12 education records.— 
44         (2)(a) An agency, as defined in s. 1002.22(1)(a), or a 
45  public school, center, institution, or other entity that is part 
46  of Florida’s education system under s. 1000.04(1), (3), or (4), 
47  may not release a student’s education records without the 
48  written consent of the student or parent to any individual, 
49  agency, or organization, except in accordance with and as 
50  permitted by the FERPA. Education records released by an agency, 
51  as defined in s. 1002.22(1)(a), or by a public school, center, 
52  institution, or other entity that is part of Florida’s education 
53  system under s. 1000.04(1), (3), or (4), to the Auditor General 
54  or the Office of Program Policy Analysis and Government 
55  Accountability, which are necessary for such agencies to perform 
56  their official duties and responsibilities, shall be used and 
57  maintained by the Auditor General and the Office of Program 
58  Policy Analysis and Government Accountability in accordance with 
59  the FERPA. 
60         (b) In accordance with FERPA and the federal regulations 
61  issued pursuant to FERPA, an agency, as defined in s. 1002.22, 
62  or a public school, center, institution, or other entity that is 
63  part of Florida’s education system under s. 1000.04(1), (3), or 
64  (4) may release a student’s education records without written 
65  consent of the student or parent to parties to an interagency 
66  agreement among the Department of Juvenile Justice, the school, 
67  law enforcement authorities, and other signatory agencies. The 
68  purpose of such an agreement and information sharing is to 
69  reduce juvenile crime, especially motor vehicle theft, by 
70  promoting cooperation and collaboration and the sharing of 
71  appropriate information in a joint effort to improve school 
72  safety, to reduce truancy and in-school and out-of-school 
73  suspensions, and to support alternatives to in-school and out 
74  of-school suspensions and expulsions, which provide structured 
75  and well-supervised educational programs supplemented by a 
76  coordinated overlay of other appropriate services designed to 
77  correct behaviors that lead to truancy, suspensions, and 
78  expulsions and that support students in successfully completing 
79  their education. Information provided in furtherance of an 
80  interagency agreement is intended solely for use in determining 
81  the appropriate programs and services for each juvenile or the 
82  juvenile’s family, or for coordinating the delivery of the 
83  programs and services, and as such is inadmissible in any court 
84  proceeding before a dispositional hearing unless written consent 
85  is provided by a parent or other responsible adult on behalf of 
86  the juvenile. 
87         Section 3. This act shall take effect July 1, 2010.