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REFERENCE TITLE: school districts; FERPA violations; penalty |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013 |
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SB 1450 |
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Introduced by Senator Yee
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AN ACT
amending section 15‑142, Arizona Revised Statutes; relating to educational records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-142, Arizona Revised Statutes, is amended to read:
15-142. Access to directory information relating to pupils and to school property; violation; withholding of state aid
A. If the governing board of a school district or the governing body of a charter school permits the release of directory information relating to pupils or permits access to school buildings, school grounds or other school property to persons who inform pupils of educational or occupational opportunities, the governing board or governing body shall provide access to directory information relating to pupils and to school property on the same basis for official recruiting representatives of the militia of this state and the armed services of the United States for the purpose of informing pupils of educational and occupational opportunities available in the militia and the armed services. If the school district or charter school permits the release of directory information relating to pupils, the information shall be released on or before October 31 of each year. The department of education shall design and provide to school districts and charter schools a form to allow pupils to request that directory information not be released pursuant to the elementary and secondary education act as reauthorized by the no child left behind act of 2001. School districts and charter schools shall distribute the form to pupils each year separate from any other form. If a school district or charter school distributes materials to pupils through electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other school property may notify the department of education, which shall report the alleged violation to the United States department of education.
B. Notwithstanding subsection A of this section, pupil transcripts shall not be released to representatives of postsecondary institutions, the militia of this state or the armed services of the United States unless the pupil consents in writing to the release of the pupil's transcript. The governing board of the school district or the governing body of the charter school shall provide the pupil with a transcript release form that allows the pupil to designate in separate check boxes whether the transcript is to be released to postsecondary institutions, the militia of this state or the armed services of the United States, or to any combination of these entities.
C. This section shall not be construed to authorize school districts or charter schools to release information that would violate the family educational rights and privacy act of 1974 (20 United States Code section 1232g). Any person who suspects that a school district or charter school has violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved within sixty days after the notice, the person may file a complaint with the state board of education or the superintendent of public instruction. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in violation of the family educational rights and privacy act, the state board or superintendent shall notify the school district or charter school that it is in violation of the family educational rights and privacy act. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the state board or superintendent may direct the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall adjust the school district's or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school has corrected the violation and is in compliance with the family educational rights and privacy act, the department of education shall restore the full amount of state aid payments to the school district or charter school.