SRC-JBJ H.B. 1749 76(R)    BILL ANALYSIS


Senate Research Center   H.B. 1749
By: Van de Putte (Armbrister)
Criminal Justice
5/3/1999
Engrossed


DIGEST 

Currently, public elementary and secondary schools must adhere to the
federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C.,
Section 1232).  The Act governs disclosure of information in educational
records.  A 1994 amendment to the Act authorizes educators to share with
juvenile justice officials information on children who are at-risk of
becoming involved, or are already involved, in the juvenile justice system.
H.B. 1749 would authorize certain disclosures between the educational and
juvenile justice information systems. 
 
PURPOSE

As proposed, H.B. 1749 would authorize certain disclosures between the
educational and juvenile justice information systems. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 58A, Family Code, by adding Section 58.0051, as
follows: 

Sec. 58.0051.  INTERAGENCY SHARING OF RECORDS.  Provides that within each
county, a district school superintendent and the juvenile probation
department (department) may enter into a written interagency agreement to
share information about juvenile offenders. Requires the agreement to
specify the conditions under which a student's summary criminal history
will be made available to appropriate school personnel.  Requires the
agreement to specify the conditions under which a student's school records
will be made available to appropriate juvenile justice agencies.  Requires
information disclosed under this section to be related to the juvenile
system's ability to serve, before adjudication, the student whose records
are being released.   Requires the juvenile system agency official who
receives information under this section to certify, in writing, that the
institution or individual receiving the information has agreed not to
disclose it to a third party other than another juvenile justice agency.
Requires a juvenile justice agency that receives information under this
section to destroy it when the child is no longer under the jurisdiction of
the court. 

SECTION 2.  Amends Chapter 37C, Education Code, by adding Section 37.084,
as follows: 

Sec. 37.084.  INTERAGENCY SHARING OF RECORDS.  Authorizes a school
district's superintendent to disclose certain information to a juvenile
justice agency, but the disclosure must be under the agreement authorized
under Section 58.0051, Family Code.  Sets forth the agencies with which the
commissioner of education may enter into an agreement.  Provides that this
section does not require or authorize release of student-level information
except in conformity with the Family Educational Rights and Privacy Act of
1974 (20 U.S.C., Section 1232g), as amended. 

SECTION 3Emergency clause.
  Effective date: upon passage.