Brief Description: Requiring information sharing between school personnel and law enforcement agencies.

Sponsors: Representatives Carrell, Talcott, McMahan, Haigh and Mielke.

Hearing Date: 2/4/03

Staff: Sonja Hallum (786-7092).

Background:

      In Washington, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to the school relating to the investigation, diversion, and prosecution of a juvenile attending the school. Reports may be released to the school, if the release does not jeopardize the case, once law enforcement makes the decision to arrest the individual.

      School personnel may exchange information with law enforcement and juvenile court officials to the extent allowed under the family education and privacy rights act of 1974. School personnel are directed to release information under a lawfully issued subpoena and must notify parents and students prior to releasing the information under the subpoena.

Summary of Bill:

      The bill requires school personnel to immediately release information to law enforcement when the school officials become aware of facts or allegations regarding misconduct by a student, teacher, or other school employee on school grounds which, if proven, would constitute a criminal offense. The bill states that failure to comply with the release of information requirement could constitute an offense under the statutes governing obstruction of governmental operations. The bill provides immunity from liability for school personnel who act in good faith in complying with the release of information requirement.

Appropriation: None.

Fiscal Note: Requested on February 3, 2003.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.