15-141. Educational records; injunction;
special action
A. The right to inspect and review educational records and the release of or access
to these records, other information or instructional materials is governed by federal law
in the family educational and privacy rights act of 1974 (20 United States Code sections
1232g, 1232h and 1232i), and federal regulations issued pursuant to such act.
B. In addition to the enforcement procedures provided in the family educational and
privacy rights act of 1974, the superior court may grant injunctive or special action
relief if any educational agency or institution or an officer or employee of an agency or
institution fails to comply with the act regardless of whether the agency or institution
is the recipient of any federal funds subject to termination pursuant to the act or
whether administrative remedies through any federal agency have been exhausted.
C. Notwithstanding any financial debt owed by the pupil, the governing board of a
school district shall release to the department of juvenile corrections all educational
records relating to a pupil who is awarded to the department of juvenile corrections
within ten working days after the date the request is received.
D. A juvenile court may require a school district to provide the court with the
educational records of a juvenile who is accused of committing a delinquent or
incorrigible act before the juvenile is adjudicated. The educational records shall
include the juvenile's cumulative file and discipline file and, if applicable, records
that are compiled pursuant to the individuals with disabilities education act (P.L.
91-230; 84 Stat. 175; 20 United States Code section 1400) and the rehabilitation act of
1973 (P.L. 93-112; 87 Stat. 394; 29 United States Code section 794). The presiding judge
of the juvenile court shall adopt procedures for the transmission of the educational
records from the school district to the juvenile court. The disclosure of the
educational records shall comply with the family educational and privacy rights act of
1974 (20 United States Code section 1232g) and shall ensure the ability of the juvenile
court to effectively serve, before adjudication, the juvenile whose records are
released. Nothing in this subsection shall be considered to prevent the juvenile court
from adjudicating a juvenile prior to receiving educational records pursuant to this
subsection.
E. A school district may release pupil attendance, disciplinary and other
educational records to a law enforcement agency and county attorney pursuant to an
intergovernmental agreement among the school district, law enforcement agency, county
attorney and other state, local or tribal government agencies to create a local or tribal
governmental juvenile justice network for the purpose of:
1. Providing appropriate programs and services to intervene with juveniles
currently involved in the juvenile justice system.
2. Providing appropriate programs and services designed to deter at-risk juveniles
from dropping out of school or other delinquent behavior.
3. Increasing the safety and security of the community and its children by reducing
juvenile crime.
F. Educational records provided pursuant to an intergovernmental agreement entered
into pursuant to subsection E shall be used solely for the purposes of the agreement and
shall not be disclosed to any other party, except as provided by law.
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