New York Senate Bill S07353 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7353--A Cal. No. 826 2023-2024 Regular Sessions  IN SENATE May 19, 2023 ___________ Introduced by Sen. BRISPORT -- (at request of the State Education Department) -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Commit- tee on Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to the release of student education records to juvenile detention facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 2-e to 2 read as follows: 3 § 2-e. Release of student education records to juvenile detention 4 facilities. 1. Definitions. As used in this section the following terms 5 shall have the following meanings: 6 a. "Education records" shall have the same meaning as defined in 7 section 99.3 of title thirty-four of the code of federal regulations 8 implementing the family educational rights and privacy act, section 9 twelve hundred thirty-two-g of the United States Code. 10 b. "Educational agency" shall mean any public school district, board 11 of cooperative educational services, special act school district, public 12 school kindergarten program, approved private school for the education 13 of students with disabilities and a state supported or state operated 14 school subject to the provisions of article eighty-five, eighty-seven or 15 eighty-eight of this chapter. 16 c. "Student" shall mean any person attending an educational agency 17 identified in paragraph b of this subdivision. 18 d. "Parent" means a parent, legal guardian, or person in parental 19 relation to a student. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03199-02-4 
 S. 7353--A 2 1 e. "Educational program" shall mean educational programs supervised or 2 administered by a juvenile detention facility pursuant to section one 3 hundred twelve of this chapter. 4 f. "Juvenile detention facility" shall mean secure, specialized 5 secure, limited secure, and non-secure juvenile detention facilities 6 described in title two of article nineteen-G of the executive law. 7 g. "Eligible student" means a student eighteen years or older. 8 2. As authorized under the family educational rights and privacy act, 9 20 U.S.C. section 1232g(b)(1)(E), where a student has been directed to 10 be held in a juvenile detention facility pursuant to a court order, the 11 educational agency where such student attends school at the time of such 12 direction shall, upon request of the juvenile detention facility where 13 such student is held, disclose such educational records to educational 14 program personnel at such facility without consent of the parent or 15 eligible student, provided that: 16 a. such student has not yet been (i) adjudicated delinquent pursuant 17 to article three of the family court act; (ii) convicted of a crime as 18 an adolescent offender or juvenile offender; or (iii) adjudicated a 19 youthful offender; 20 b. such disclosure is for the sole purpose of providing the student 21 with pre-adjudication services including, but not limited to, educa- 22 tional services; and 23 c. any individual who receives the student education records certifies 24 in writing that he or she agrees not to disclose such information to a 25 third party outside the juvenile detention facility without consent of 26 the parent or eligible student, except as authorized pursuant to subdi- 27 vision three of this section. 28 3. Student education records disclosed pursuant to this section, shall 29 not be re-disclosed by the juvenile detention facility to any individual 30 or entity without consent of the parent or eligible student, unless: 31 a. the individual or entity is authorized by such juvenile detention 32 facility to receive such disclosure; 33 b. the individual or entity is or anticipates providing services to 34 address a student's educational needs; and 35 c. such disclosure is consistent with the requirements of all applica- 36 ble state and federal laws including, but not limited to, section two-d 37 of this article. 38 § 2. This act shall take effect immediately.