Confidential student disciplinary hearing.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0047

ENROLLED ACT NO. 63, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
children;

providing that
relevant proceedings of
a court
action involving misconduct of a minor
may be disclosed to
the minor's
school dist
r
ict for purposes of
suspension or expulsion of the minor from school
as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
. W.S. 14
‑
6
‑
203(g)(v), (vi) and by creating a new paragraph (vii)
and 14
‑
6
‑
240(e) are
amended to read:

14
‑
6
‑
203.

Jurisdiction; confidentiality of records.

(g)

Except as provided by subsection (j) of this section, all information, reports or records made, received or kept by any municipal, county or state officer or employee evidencing any legal or administrative process or disposition resulting from a minor's misconduct are confidential and subject to the provisions of this act. The existence of the information, reports or records or contents thereof shall not be disclosed by any person unless:

(v)

The disclosure is made to a victim of a delinquent act constituting a felony, in accordance with W.S. 14-6-501 through 14-6-509;

or

(vi)

The disclosure is authorized by W.S. 7
‑
19
‑
504
;
.

or

(vii)

The disclosure is made to
an administrative
employee
or member of the board of trustees
of the minor's school district
,
authorized by the court
to receive the information,
for purposes of the
suspension or
expulsion

of the minor
pursuant to W.S. 21
‑
4
‑
305
(d)
, provided:

(A)

The court finds that
the
court action
involve
s
matters which are relevant to the
suspension or expulsion of the minor
pursuant to W.S. 21
‑
4
‑
305(e)
. Only materials and evidence relevant to the minor's
potential
suspension or expulsion shall be disclosed to
an administrative
employee or member of the board of trustees of the minor's school district
;
and

(B
)

The school district
administrative
employees or board of trustee members
authorized to receive the
minor's
confidential information shall only disclose the information
:

(I)

To other members of the board of trustees or the superintendent for purposes of
W.S. 21
‑
4
‑
305(d)
; and

(II)

T
o the minor and his parents, legal guardians, attorneys or guardian ad litem.

14
‑
6
‑
240.

Fingerprinting or photographing of child; disclosure of child's records.

(e)

The court or the prosecuting attorney may release the name of the minor, the legal records or disposition in any delinquency proceeding filed in juvenile court to the minor's victim or victims and the members of the immediate family of any victim. The victim of a delinquent act constituting a felony shall be provided additional information regarding the delinquency proceeding in accordance with W.S. 14
‑
6
‑
501 through 14
‑
6
‑
509. Except as otherwise allowed under W.S. 14
‑
6
‑
203(g)(i) through
(iv)

(v)
, legal records released by the court under this
subsection shall not include predisposition studies and reports, social summaries, medical or psychological reports, educational records or transcripts of dispositional hearings.

Section 2
.

This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1