Relates to the release of student education records to juvenile detention facilities

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          8371

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                      June 5, 2025
                                       ___________

        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 Rules

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

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. The education law is amended by adding a new section 2-e to
     2  read as follows:
     3    § 2-E. RELEASE OF STUDENT  EDUCATION  RECORDS  TO  JUVENILE  DETENTION
     4  FACILITIES.  1. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS
     5  SHALL HAVE THE FOLLOWING MEANINGS:
     6    A. "EDUCATION RECORDS" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED  IN
     7  SECTION  99.3  OF  TITLE  THIRTY-FOUR OF THE CODE OF FEDERAL REGULATIONS
     8  IMPLEMENTING THE FAMILY EDUCATIONAL  RIGHTS  AND  PRIVACY  ACT,  SECTION
     9  TWELVE HUNDRED THIRTY-TWO-G OF THE UNITED STATES CODE.
    10    B.  "EDUCATIONAL  AGENCY" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT, BOARD
    11  OF COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICT, PUBLIC
    12  SCHOOL KINDERGARTEN PROGRAM, APPROVED PRIVATE SCHOOL FOR  THE  EDUCATION
    13  OF  STUDENTS  WITH  DISABILITIES AND A STATE SUPPORTED OR STATE OPERATED
    14  SCHOOL SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-FIVE, EIGHTY-SEVEN OR
    15  EIGHTY-EIGHT OF THIS CHAPTER.
    16    C. "STUDENT" SHALL MEAN ANY PERSON  ATTENDING  AN  EDUCATIONAL  AGENCY
    17  IDENTIFIED IN PARAGRAPH B OF THIS SUBDIVISION.
    18    D.  "PARENT"  MEANS  A  PARENT,  LEGAL GUARDIAN, OR PERSON IN PARENTAL
    19  RELATION TO A STUDENT.
    20    E. "EDUCATIONAL PROGRAM" SHALL MEAN EDUCATIONAL PROGRAMS SUPERVISED OR
    21  ADMINISTERED BY A JUVENILE DETENTION FACILITY PURSUANT  TO  SECTION  ONE
    22  HUNDRED TWELVE OF THIS CHAPTER.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08179-01-5
        S. 8371                             2

     1    F.  "JUVENILE  DETENTION  FACILITY"  SHALL  MEAN  SECURE,  SPECIALIZED
     2  SECURE, LIMITED SECURE, AND  NON-SECURE  JUVENILE  DETENTION  FACILITIES
     3  DESCRIBED IN TITLE TWO OF ARTICLE NINETEEN-G OF THE EXECUTIVE LAW.
     4    G. "ELIGIBLE STUDENT" MEANS A STUDENT EIGHTEEN YEARS OR OLDER.
     5    2.  AS AUTHORIZED UNDER THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT,
     6  20 U.S.C. SECTION 1232G(B)(1)(E), WHERE A STUDENT HAS BEEN  DIRECTED  TO
     7  BE  HELD IN A JUVENILE DETENTION FACILITY PURSUANT TO A COURT ORDER, THE
     8  EDUCATIONAL AGENCY WHERE SUCH STUDENT ATTENDS SCHOOL AT THE TIME OF SUCH
     9  DIRECTION SHALL, UPON REQUEST OF THE JUVENILE DETENTION  FACILITY  WHERE
    10  SUCH  STUDENT  IS HELD, DISCLOSE SUCH EDUCATIONAL RECORDS TO EDUCATIONAL
    11  PROGRAM PERSONNEL AT SUCH FACILITY WITHOUT  CONSENT  OF  THE  PARENT  OR
    12  ELIGIBLE STUDENT, PROVIDED THAT:
    13    A.  SUCH  STUDENT HAS NOT YET BEEN (I) ADJUDICATED DELINQUENT PURSUANT
    14  TO ARTICLE THREE OF THE FAMILY COURT ACT; (II) CONVICTED OF A  CRIME  AS
    15  AN  ADOLESCENT  OFFENDER  OR  JUVENILE  OFFENDER; OR (III) ADJUDICATED A
    16  YOUTHFUL OFFENDER;
    17    B. SUCH DISCLOSURE IS FOR THE SOLE PURPOSE OF  PROVIDING  THE  STUDENT
    18  WITH  PRE-ADJUDICATION  SERVICES  INCLUDING,  BUT NOT LIMITED TO, EDUCA-
    19  TIONAL SERVICES; AND
    20    C. ANY INDIVIDUAL WHO RECEIVES THE STUDENT EDUCATION RECORDS CERTIFIES
    21  IN WRITING THAT SUCH INDIVIDUAL AGREES NOT TO DISCLOSE SUCH  INFORMATION
    22  TO A THIRD PARTY OUTSIDE THE JUVENILE DETENTION FACILITY WITHOUT CONSENT
    23  OF  THE  PARENT  OR  ELIGIBLE  STUDENT, EXCEPT AS AUTHORIZED PURSUANT TO
    24  SUBDIVISION THREE OF THIS SECTION.
    25    3. STUDENT EDUCATION RECORDS DISCLOSED PURSUANT TO THIS SECTION, SHALL
    26  NOT BE RE-DISCLOSED BY THE JUVENILE DETENTION FACILITY TO ANY INDIVIDUAL
    27  OR ENTITY WITHOUT CONSENT OF THE PARENT OR ELIGIBLE STUDENT, UNLESS:
    28    A. THE INDIVIDUAL OR ENTITY IS AUTHORIZED BY SUCH  JUVENILE  DETENTION
    29  FACILITY TO RECEIVE SUCH DISCLOSURE;
    30    B.  THE  INDIVIDUAL  OR ENTITY IS OR ANTICIPATES PROVIDING SERVICES TO
    31  ADDRESS A STUDENT'S EDUCATIONAL NEEDS; AND
    32    C. SUCH DISCLOSURE IS CONSISTENT WITH THE REQUIREMENTS OF ALL APPLICA-
    33  BLE STATE AND FEDERAL LAWS INCLUDING, BUT NOT LIMITED TO, SECTION  TWO-D
    34  OF THIS ARTICLE.
    35    § 2. This act shall take effect immediately.