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Current Status Bill Number:View additional legislative information at the LPITS web site.3136 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:Haskins All Sponsors:Haskins, Simrill, Leach, Hamilton, Loftis Drafted Document Number:l:\council\bills\gjk\20038sd99.doc Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Student and Family Privacy and Protection Act of 1999, Schools and School Districts, Medical, Minors History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990225 Co-Sponsor added (Rule 5.2) by Rep. Hamilton Loftis House 19990112 Introduced, read first time, 21 HEPW referred to Committee House 19981216 Prefiled, referred to Committee 21 HEPW Versions of This Bill
TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 64 SO AS TO ENACT "THE SOUTH CAROLINA STUDENT AND FAMILY PRIVACY AND PROTECTION ACT OF 1999" WHICH PROVIDES PROTECTIONS AGAINST DISCLOSURE OF STUDENT RECORDS AND HEALTH SERVICES WHICH ARE NONCONSENSUAL, ALLOWS PARENTAL INSPECTION OF EDUCATIONAL MATERIALS, PROHIBITS UNAUTHORIZED STUDENT SURVEYS, QUESTIONNAIRES, OR EVALUATIONS, ALLOWS STUDENTS TO BE EXCUSED FROM CERTAIN INSTRUCTION IF IT CONFLICTS WITH THEIR RELIGIOUS BELIEFS, PRESERVES STUDENT PRIVACY RIGHTS, AND PROVIDES PROCEDURES AND REMEDIES TO IMPLEMENT OR PRESERVE THE ABOVE PROTECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-64-10. This chapter shall be known and may be cited as the 'South Carolina Student and Family Privacy and Protection Act of 1999'.
Section 59-64-20. The purpose of this chapter is to require informed consent for the provision of school health care services, with limited exceptions as provided by this chapter, to protect the privacy of students and their families, and to protect against the inappropriate collection and release of student educational records or student records.
Section 59-64-30. Unless the context otherwise requires, the following definitions apply in this chapter:
(1) 'Directory information' means a student's name, age, municipality or county of residence, participation in officially recognized activities and sports, including weight and height when the student is a member of an athletic team, and any awards, certificates, and diplomas received by the student.
(2) 'Educational entity' means the Department of Education, the State Board of Education, a school district, a vocational-technical school, or related entity and any of their officers, employees, or persons acting as their agents.
(3) 'Health care services' means an examination, screening diagnosis, evaluation, or treatment for physical, mental, or emotional health problems. This term includes screening, counseling, and referrals for behavioral, social, or emotional problems by school- support team programs, student assistance programs, and similar programs and referrals to and by such programs.
(4) 'Informed consent' means the signature of a parent or guardian of a student giving prior written consent on the form required by Section 59-64-140 to the release or inspection of a student record or the provision of health care services to the student. For a student who is a high school graduate, is married, or is eighteen years of age or older, this term means the signature of the student rather than the signature of the parent or guardian of the student.
(5) 'Instructional materials' means all materials to which a student is directly exposed to or has access to, including, but not limited to, textbooks, materials in school library, videos, films, tapes, computer discs, charts, or graphs.
(6) 'Medical emergency' means a condition in which immediate medical care is necessary to prevent the death or serious impairment of the health of a student.
(7) 'Requirement of federal law' means any specific mandate imposed by any federal statute, regulation, court order, or consent decree. This term also includes any condition required in order to participate in the federal Medicaid program and the federal special education program provided for under the Individuals with Disabilities Education Act (Public Law 91-230).
(8) 'School entity' means a school district, vocational-technical school, or related entity and any of their officers, employees, or person acting as their agent.
(9) 'Student' means a person who is enrolled in a school entity or who becomes subject to the protections accorded under this chapter by reason of past enrollment in a school entity.
(10) 'Student educational record' means the permanent record or file of a student which may be in the form of an electronic portfolio, including, but not limited to, personal achievement or credit for courses taken, grades, attendance, any graduation project, any disciplinary or behavioral record or information, and any other record or information relating to overall performance of that particular student in regard to the academic educational program, including any other record, other than a student's medical record, directly related to the student.
(11) 'Student record' means a student educational record or a student medical report.
Section 59-64-40. (A) Except for directory information, no educational entity shall release or allow access to any student or any personal or private information relating to personally identifiable information on the student or family of the student.
(B) Nothing in this chapter shall prohibit an educational entity from permitting access to or releasing any student record or any personal or private information on the student or family to any of the following persons or under the following circumstances:
(1) to law enforcement officials in the course of a criminal investigation;
(2) to a court of competent jurisdiction pursuant to a court order or subpoena;
(3) to a parent or guardian of the student or to the student if such student is a high school graduate, is married, or is eighteen years of age or older, provided that a student may not authorize the release of personal or private information of a derogatory nature on any other living family member without the written consent of that family member;
(4) to any person authorized to receive such information pursuant to the informed written consent of the parent, guardian of the student, or student whose records are sought if the student is eighteen years of age or older and is emancipated;
(5) where the release of such information is necessary to protect the immediate health or safety of the student, provided the parent or guardian of the student is given written notification of such release within two business days thereafter;
(6) state or local officials or authorities to whom such information must be reported or disclosed as required by law;
(7) where the release of the information is a requirement of federal law as certified by the attorney general;
(8) employees or officers of the school entity within which the student is enrolled who have a legitimate interest in access to such records;
(9) employees or officers of the school entity in which the student transfers or seeks to enroll.
(B) Except where required under federal law, no social security number may be used as a personal identifier for a student record. No educational entity shall request or require that the social security number of a student be disclosed as a condition of admission to any school entity or for any other reason.
Section 59-64-50. (A) No school entity shall permit its school personnel or any public or private providers of health care services to utilize facilities or resources of the school entity for the purpose of providing health care services to students, unless the informed consent required by this chapter for the provisions of health services has been obtained on the form under Section 59-64-140.
(B) Subsection (A) shall be inapplicable to any of the following:
(1) medical emergencies;
(2) a requirement of federal law as certified by the attorney general, including individual education plans and other requirements prescribed for special education students under the Individuals with Disabilities Education Act (Public Law 91-230);
(3) ordinary and reasonable discipline as defined under school policy or that which is necessary to maintain safety or school order.
(C) Nothing in this chapter shall be deemed to expand any legal authority to utilize the resources, personnel, or facilities of any school entity to provide health care services.
Section 59-64-60. A parent or guardian of the student, upon written request, shall be entitled to inspect all instructional materials and teacher manuals, other than test questions or examination materials that are used in connection with any course or program taught at the school entity within two business days after the parent or guardian makes a request to inspect the materials. Each school entity shall establish a reasonable procedure for implementing this section.
Section 59-64-70. (A) No school entity shall require or permit a student to participate in any survey, questionnaire, analysis, or evaluation that would require or provide for the disclosure of the informed consent required under this chapter.
(1) personal values, attitudes, opinions, or beliefs;
(2) family members' values, attitudes, opinions, or beliefs;
(3) religious affiliations or beliefs;
(4) political affiliations or beliefs;
(5) sexual attitudes or beliefs;
(6) sexual behavior;
(7) illegal, anti-social or self-incriminating, or demeaning behavior;
(8) critical appraisals of individuals with whom the student has personal relationships;
(9) the disclosure of information protected by legally recognized privileged and analogous relationships, such as those of attorneys, medical personnel, or ministers;
(10) income, other than required by law, to determine eligibility for participation in a program for financial assistance;
(11) mental and psychological problems potentially embarrassing to the student or the student's family.
(B) Except for the matters set out in subsection (A)(6) through (11), nothing in this section shall restrict discussion or testing on matters directly related to course instruction on core academic subjects, other than health, sex, education, or similar subjects which shall be subject to the informed consent requirement of subsection (A). No student shall be penalized or rewarded in any subject, test, or assignment because of the disclosure of any information described in subsection (A).
Section 59-64-80. (A) Nothing in this chapter shall prohibit or restrict any counseling or advice provided in response to student-initiated contacts with a teacher, counselor, nurse, school administrator, or other person authorized by the school entity to provide such advice and counseling.
(B) Nothing in this chapter shall prohibit or restrict school initiated contacts with the parent or guardian of a student regarding any physical, mental or emotional problem, or concern relating to the student.
(C) A teacher or school administrator may initiate contacts with a student regarding a physical, mental, or emotional problem of the student if the teacher or administrator notifies a parent or guardian of the student within two business days after the contact. The teacher or school administrator is not required to provide such notification to the parent or guardian in cases where a report is made or a report is made to law enforcement authorities.
Section 59-64-90. A parent or guardian has the right to have the student of the parent or guardian excused from specific instruction which conflicts with the religious beliefs of the parent or guardian upon submission to the school entity or a written request to be excused on the basis of the religious belief.
Section 59-64-100. (A) Parents and guardians of students shall be given written information about their rights under this act, including the name, telephone number, and address of the person in each school district responsible for compliance.
(B) Each school entity shall designate one person to be responsible to parents and guardians of students to make sure that the rights of students, parents, and guardians under this chapter are protected.
(C) Each school entity may adopt reasonable procedures to implement this chapter, provided they are consistent with the regulations promulgated under Section 59-64-110.
Section 59-64-110. The Department of Education shall promulgate regulations necessary for the implementation of this chapter.
Section 59-64-120. (A) The attorney general, any aggrieved student, parent, or guardian of a student may seek an injunction against any violation of this chapter from a court with appropriate jurisdiction.
(B) Upon the request of the governing body, superintendent, or director of an educational entity, the attorney general shall furnish written legal advice concerning any matter or issue arising in connection with the exercise of the official powers or performance of the official duties of the educational entity under this chapter.
(1) The written advice, if given, shall be followed, and when followed the recipient shall not in any way be liable for doing so, upon any official bond or otherwise.
(2) If the governing body of the educational entity disagrees with the legal advice rendered by the attorney general, the educational entity may seek a declaratory judgment in a court of competent jurisdiction. The legal advice of the attorney general shall be binding until a court of competent jurisdiction issues a final order on the petition requesting the declaratory judgment.
(3) Any written legal advice given pursuant to this subsection shall be a public record. If the attorney general considers the legal advice to be of substantial importance to educational entities, parents, guardians, and other persons throughout this State, the attorney general may publish such advice in a form he considers appropriate.
(C) Nothing in this chapter shall eliminate or abrogate any other legal or equitable remedy which may be available to a student, parent, or guardian of a student in connection with a violation of this chapter.
Section 59-64-130. Nothing in this chapter shall be construed to eliminate or weaken the following:
(1) a privacy protection, which is accorded by law or regulation, against the collection of information regarding a student and the student's family or against the release or such information to a party other than the student or a parent or guardian of the student;
(2) a right, which is accorded by law or regulation, of a parent or guardian of a student to have or to have access to information regarding educational activities affecting the student;
(3) the legal authority of a parent or guardian of a student regarding the educational or rearing of the student.
Section 59-64-140. When informed consent is required under this chapter, the consent shall be manifested on a form or paper used solely for the purpose of obtaining consent and providing written notice which contains a reasonable description of:
(1) the health care services for which informed consent is sought. This item requires clear and conspicuous notice regarding any health care service which may involve:
(a) an examination of the genital area or the removal of undergarments; or
(b) mental or emotional health screening, diagnosis, treatment, counseling, or referral.
(2) The student record and the purpose for which the student record is sought.
(3) The entities or persons who shall have access to the student record or provide the health care services in question if consent is granted.
(B) In addition to the requirements of subsection (A), each form shall contain a statement encouraging the parent or guardian to seek additional information regarding the proposed health care service and providing the name and telephone number of a contact person designated by the school entity for this purpose. This statement shall be at the end of the form directly above the place designated for the signature of the parent or guardian.
(C) A general consent for the release of or access to student records or for the provision of health care services shall not constitute the informed consent required under this chapter.
(D) Nothing in this chapter shall require additional consent for each subsequent occasion during the school term on which a health care service is provided to a student if it is clear from the consent form that the health care services specifically described on the form shall be provided on a periodic basis. Informed consent under this subsection may be revoked at any time. Under no circumstances shall any informed consent extend beyond the school term for which it is given."
SECTION 2. This act takes effect sixty days after approval by the Governor.
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