SB 292 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF PUPILS' SCHOOL RECORDS.

Rep.Sen.

Sturgeon & Rep.

Williams HOUSESen. OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

2Walsh; TO SENATE BILL NO.

292Rep. AMEND Senate Bill No.

292Parker onSelby lineDELAWARE 7STATE bySENATE deleting152nd “99.”GENERAL andASSEMBLY insertingSENATE inBILL lieuNO. thereof the following:

“99292 and,AN withACT respectTO toAMEND recordsTITLE for14 studentsOF withTHE disabilities,DELAWARE inCODE accordanceRELATING withTO ChapterDISCLOSURE 31OF ofPUPILS' TitleSCHOOL 14RECORDS. (“Chapter 31”) and its implementing regulations.”.

FURTHERBE AMENDIT SenateENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

292Section on1. line 8 by deleting “its” and inserting in lieu thereof the following:

”ChapterAmend 31§ 4111, Title 14 of the Delaware Code by making deletions as shown by strike through and their”.insertions as shown by underline as follows:

FURTHER§ AMEND4111. Senate Bill No.

292Disclosure onof linepupils’ 44school byrecords. deleting “required authorized” and inserting in lieu thereof:

“required(a) authorized”.Educational records of students in all public and private schools in this State are deemed to be confidential.

SYNOPSISEducational Senaterecords Billmay No.be released, and personally identifiable information contained therein disclosed, only in accordance with rules and regulations of the Department of Education.

292 updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”) andunder improve20 informationU.S.C. sharing between institutions and programs operating in the State, including local postsecondary institutions and local education agencies, and the Department of Education.

This§ Amendment1232g doesand theits following:implementing regulations set forth in 34 CFR Part 99.

(1)Such Conformsrules Senateand Billregulations No.FERPA and its implementing regulations shall authorize the release of educational records upon written consent and shall establish the other terms and conditions on which educational records may and must be released.

292(b) withThe existingprovisions law relating to the right of studentssubsection with(a) disabilities and their parents to obtain copies of educationalthis recordssection uponnotwithstanding, request.notwithstanding:

(2)(1) Correctseducational Educational institutions and programs operating in this State, including local education agencies and postsecondary institutions and programs regulated by a technicalstate strikethroughagency, shall disclose to the Department such education records, and underliningpersonally error.identifiable information contained therein, necessary for the audit or evaluation of state and federal education programs in accordance with the terms and conditions of a written agreement negotiated between the Department and each educational institution or program from which education records are sought.

Such agreements shall:

provisions of FERPA and its implementing regulations.

(1) State the term of the agreement;

(2) Comply with the requirements of the Family Educational Rights and Privacy Act Regulations set forth in 34 CFR Part 99 regarding the Department’s use, compilation, maintenance, protection, distribution, re-disclosure and return/destruction of education records obtained hereunder;

(3) Specify the data elements to be disclosed by the educational institution or program;

(4) State the purpose for which the information will be used;

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06/26/202405/08/2024 09:4704:53 AMPM 0231520034(5) Prohibit any disclosure of education records or personally identifiable information contained therein by an educational institution or program in violation of applicable state or federal privacy laws;

(6) Prohibit any modification or amendment except by written agreement duly executed by the parties;

and (7) Contain such additional provisions as agreed upon.

(2) Pursuant to the legitimate interest in data exchange and compliance with federal and state reporting requirements, educational institutions and programs operating in this State, including local education agencies and postsecondary institutions and programs regulated by a state agency who outsource data exchange and compliance with federal and state reporting requirements to the Department, may consider the Department to be a school official as defined under FERPA’s implementing regulations in 34 CFR Part 99.31.

Local education agencies and other educational institutions and programs may disclose to the Department, without parental consent, the educational records, and personally identifiable information contained therein, necessary for the purpose of data exchange and federal and state reporting as required by law, if all of the following conditions are met:

a.

The educational institution or program would otherwise use its own employees to collect the data for the purpose of the reporting.

b.

The educational institution or program directly controls the Department’s use and maintenance of its educational records.

c, The Department is subject to the requirements of FERPA and its implementing regulations governing the use and redisclosure of personally identifiable information from educational records.

d.

The education agency or institution uses reasonable methods to ensure that the Department only obtains access to those educational records that are necessary for the legitimate educational interest of data exchange and federal or state reporting as required by law.

(3) All disclosures required authorized by this section shall must be for the purpose of ensuring the effectiveness of publicly-funded programs by connecting pre-kindergarten through grade 12 and post-secondary data, and sharing information to improve early childhood and workforce programs as set forth in Delaware’s State Fiscal Stabilization Plan and Delaware’s Race to the Top Plan, or as otherwise approved by the P-20 Council.

educational outcomes for students.