BILL REQ. #:  S-3928.1 

Read first time 01/21/2004.   Referred to Committee on Education.

     AN ACT Relating to schools and juvenile justice agencies sharing information; and amending RCW 13.04.155, 13.50.160, and 28A.600.475.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 13.04.155 and 2000 c 27 s 1 are each amended to read as follows:
     (1) Whenever a minor enrolled in any common school is convicted in adult criminal court, or adjudicated or entered into a diversion agreement with the juvenile court on any of the following offenses, the court must notify the principal of the student's school of the disposition of the case, after first notifying the parent or legal guardian that such notification will be made:
     (a) A violent offense as defined in RCW 9.94A.030;
     (b) A sex offense as defined in RCW 9.94A.030;
     (c) Inhaling toxic fumes under chapter 9.47A RCW;
     (d) A controlled substances violation under chapter 69.50 RCW;
     (e) A liquor violation under RCW 66.44.270; and
     (f) Any crime under chapters 9.41, 9A.36, 9A.40, 9A.46, and 9A.48 RCW.
     (2) The principal must provide the information received under subsection (1) of this section to every teacher of any student who qualifies under subsection (1) of this section and any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record. The principal must provide the information to teachers and other personnel based on any written records that the principal maintains or receives from a juvenile court administrator or a law enforcement agency regarding the student.
     (3) Any information received by a principal or school personnel under this section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
     (4) Any person or entity who releases or receives the information under this section in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

Sec. 2   RCW 13.50.160 and 1997 c 266 s 8 are each amended to read as follows:
     Records of disposition for a juvenile offense must be provided to schools as provided in RCW 13.04.155. A juvenile justice or care agency, a school district, or an employee or agent or other person who receives or releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the entity or employee acted with gross negligence or in bad faith.

Sec. 3   RCW 28A.600.475 and 1998 c 269 s 11 are each amended to read as follows:
     (1) School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Except as provided in RCW 13.40.480, parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them.
     (2) Any school district or district employee who releases or receives the information or provides notification in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.