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1994 SESSION

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SB 219 Notice of delinquency disposition.

Introduced by: R. Edward Houck | all patrons    ...    notes | add to my profiles

SUMMARY:

Notice of delinquency disposition. Provides that clerks of the juvenile and circuit courts are to notify the division superintendent, within 15 days, of the final disposition in a student's cases involving homicide, felonious assaults, arson, burglary, criminal sexual assault, and the manufacturing, selling, giving, distributing or possessing Schedules I and II controlled substances. The clerks must also provide notice if the disposition is reversed on appeal.

School division superintendents are authorized to disclose the information in the court notice to school personnel only if the student is dangerous or to allow appropriate placements and other action by the school to which the student has been assigned. Unauthorized disclosure is punishable as a Class 3 misdemeanor. The term "disciplinary record" is defined for the purpose of clarifying the files into which information concerning disciplinary actions taken against a student by school personnel must be placed. Records of notices received from the courts must be retained separately from all other student records by all who are authorized to receive them and must be reviewed and purged annually.

The bill also requires schools to notify the parents or guardians of students, and students who are 18 years old or older of any request for the transfer of the scholastic record and the identity of the requester. The provision requiring the superintendent to transfer the scholastic record, upon notification that a student who last attended a public school within the school division is enrolled in a Department of Youth and Family Services learning center school, has been amended to provide that the superintendent shall also make such records available to the local jails for students enrolled in educational programs in the jails. This section has been amended further to include local jails in Board of Education regulations governing the transfer and management of scholastic records.

The bill is recommended by the Commission on Youth.


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