HBA-GUM, LCA H.B. 1749 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1749 By: Van de Putte Juvenile Justice & Family Issues 6/21/1999 Enrolled BACKGROUND AND PURPOSE Public elementary and secondary schools are subject to the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C., Section 1232g), which 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 involvement, or have become involved, in the juvenile justice system. H.B. 1749 amends state law to authorize the disclosure of information contained in the educational system by establishing the terms under which an interagency agreement must be written before an exchange of certain information between the educational and juvenile justice information systems may take place. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 58, Family Code, by adding Section 58.0051, as follows: Sec. 58.0051. INTERAGENCY SHARING OF RECORDS. (a) Provides that within each county, a district school superintendent (superintendent) and the juvenile probation department (department) may enter into a written interagency agreement (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. (b) Requires information disclosed under this section (information) to relate to the juvenile justice system's ability to serve, before adjudication, the student whose records are being released (student). (c) Requires the juvenile justice 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. (d) Requires a juvenile justice agency that receives information under this section to destroy it when the child is no longer under the jurisdiction of a juvenile court. SECTION 2. Amends Subchapter C, Chapter 37, Education Code, by adding Section 37.084, as follows: Sec. 37.084. INTERAGENCY SHARING OF RECORDS. (a) Authorizes a school district superintendent, or the superintendent's designee, to disclose information contained in a student's educational records to a juvenile justice agency as defined by Section 58.101 (Definitions), Family Code. Requires the disclosure to be under the agreement (agreement) authorized by Section 58.0051, Family Code. (b) Sets forth the agencies with which the commissioner of education may enter into an agreement. (c) 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 3. Emergency clause. Effective date: upon passage.