GRAC(LEGAL) - STATE AND LOCAL GOVERNMENTAL AUTHORITIES: JUVENILE SERVICE PROVIDERS

FERPA Provisions

The disclosure is to state and local officials or authorities to whom this information is specifically allowed to be reported or disclosed, pursuant to state statute adopted after November 19, 1974; and

The state statute concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released.

34 CFR 99.31(a)(5) , 99.38

Juvenile Service Provider

Definitions

A state or local juvenile justice agency as defined by Family Code 58.101;

Health and human services agencies, as defined by Government Code 531.001 and the Health and Human Services Commission;

The Department of Public Safety;

The Texas Education Agency;

An independent school district;

A juvenile justice alternative education program;

A charter school;

A local mental health or mental retardation authority;

A court with jurisdiction over juveniles;

A district attorney's office;

A county attorney's office; and

A children's advocacy center established under Family Code 264.402.

Family Code 58.0051(a)

Disclosure of Educational Records

Family Code 58.0051(b)–(d)

Certification from Requestor

Internal Protocol and Memorandum of Understanding

Family Code 58.0051(f)

Confidentiality of Information

Fee

The provider and the District have entered into a memorandum of understanding that prohibits the payment of a fee, provides for the waiver of a fee; or provides an alternate method of assessing a fee;

The District waives the payment of the fee; or

Disclosure of the information is required by other law.

Family Code 58.0051(g)

Juvenile Justice Information System

Who:

A school official has reasonable grounds to believe has committed an offense for which a report is required under Education Code 37.015; or

Has been expelled, the expulsion of which is required to be reported under Family Code 52.041; and

Who has not been charged with a fineable only offense, a status offense, or delinquent conduct.

Family Code 58.306

Bloomburg ISD

GRAC(LEGAL)-P

UPDATE 91

DATE ISSUED: 9/26/2011