82R4949 SJM-D
By: Wentworth S.B. No. 1163
A BILL TO BE ENTITLED
AN ACT
relating to the exchange of information among certain entities
concerning at-risk youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.084(a), Education Code, is amended to
read as follows:
(a) A school district superintendent or the
superintendent's designee shall [may] disclose information
contained in a student's educational records to an [a juvenile
justice] agency, as that term is defined by Section 58.0052
[58.101], Family Code, if the disclosure is [under an interagency
agreement] authorized by that section [Section 58.0051, Family
Code].
SECTION 2. Section 58.0051, Family Code, is amended to read
as follows:
Sec. 58.0051. INTERAGENCY SHARING OF RECORDS FOR RESEARCH,
AUDIT, AND ANALYTICAL PURPOSES. [(a) Within each county, a
district school superintendent and the juvenile probation
department may enter into a written interagency agreement to share
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 juvenile justice agencies.
[(b) Information disclosed under this section by a school
district must relate to the juvenile system's ability to serve,
before adjudication, the student whose records are being released.
[(c) A juvenile justice agency official who receives
educational information under this section shall 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 agency.
[(d) A juvenile justice agency that receives educational
information under this section shall destroy all information when
the child is no longer under the jurisdiction of a juvenile court.
[(e)] The Texas Juvenile Probation Commission may, in
conformity with Section 58.0072 of this code and Section 37.084,
Education Code, enter into an interagency agreement to share
educational information for research, audit, and analytical
purposes with the:
(1) Texas Education Agency;
(2) Texas Youth Commission; and
(3) Texas Department of Criminal Justice.
SECTION 3. Subchapter A, Chapter 58, Family Code, is
amended by adding Section 58.0052 to read as follows:
Sec. 58.0052. EXCHANGE OF INFORMATION CONCERNING AT-RISK
YOUTH. (a) In this section:
(1) "Agency" means any of the following entities or a
person with an agency relationship with any of the following
entities:
(A) the Texas Youth Commission;
(B) the Texas Juvenile Probation Commission;
(C) the Department of Family and Protective
Services;
(D) the Texas Education Agency;
(E) a juvenile probation department;
(F) a school district or open-enrollment charter
school;
(G) a local mental health or mental retardation
authority;
(H) a county health department;
(I) a county department that provides services to
at-risk youth or their families;
(J) a child advocacy center established under
Section 264.402, Family Code;
(K) a hospital district;
(L) a court with jurisdiction over juveniles;
(M) a district attorney's office; or
(N) a county attorney's office.
(2) "At-risk youth" means a person who is under 18
years of age and:
(A) has been taken into custody under Section
52.01;
(B) has been referred to a juvenile court for
allegedly engaging in delinquent conduct or conduct indicating a
need for supervision;
(C) is likely to engage in delinquent conduct
based on one or more prior referrals to a court for having engaged
in delinquent conduct or conduct indicating a need for supervision;
(D) has three or more absences from school in a
six-month period that have not been excused by a school official;
(E) has been removed three or more times from a
classroom by a teacher under Section 37.002, Education Code, during
a six-month period;
(F) is at risk of removal from the child's home
into institutional care; or
(G) has received services from two or more
agencies.
(b) At the request of an agency for specific information
relating to an at-risk youth, an agency shall disclose the at-risk
youth's personally identifiable information that is otherwise
confidential, including information contained in educational
records.
(c) The requesting agency must certify in writing that the
agency will not disclose confidential information received under
this section to a third party, other than another agency.
(d) An agency may use information provided to the agency
under this section only to identify an at-risk youth and to assist
the agency in providing prevention and intervention services to the
at-risk youth.
(e) An agency may establish an internal protocol for sharing
information with other agencies as necessary to efficiently and
promptly disclose and accept the information and to maintain the
confidential status of the information. The protocol may specify
the types of information that may be shared under this section
without violating federal law, including any federal funding
requirements. An agency may enter into a memorandum of
understanding with another agency to share information according to
the agencies' protocols. An agency shall comply with this section
regardless of whether the agency establishes an internal protocol
or enters into a memorandum of understanding under this subsection
unless compliance with this section violates federal law.
(f) This section does not affect the confidential status of
the information being shared. The information may be released as
directed by a court order or as otherwise authorized by law.
Personal information is not subject to disclosure under Chapter
552, Government Code.
(g) To the extent this section conflicts with another law of
this state relating to confidential information held by an agency,
this section controls.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.