South Carolina General Assembly
117th Session, 2007-2008

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Bill 965


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 59-24-60 OF THE 1976 CODE RELATING TO A SCHOOL OFFICIAL'S DUTY TO CONTACT LAW ENFORCEMENT, TO PROVIDE THAT A SCHOOL ADMINISTRATOR AND A SCHOOL RESOURCE OFFICER MAY RELEASE THAT PORTION OF A STUDENT'S EDUCATION RECORDS THAT RELATES TO CRIMINAL GANG ACTIVITY TO LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-24-60 of the 1976 Code is amended to read:

"Section 59-24-60.    (A)    In addition to other provisions required by law or by regulation of the State Board of Education, school administrators must contact law enforcement authorities immediately upon notice that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy.

(B)(1)    To the extent permitted by federal law, a school administrator may release that portion of a student's education records that relates to criminal gang activity to a state or local law enforcement agency. The law enforcement agency that receives the student's education records shall utilize the record to aid in the effort to disassociate the student and other students from criminal gangs and to aid the Department of Juvenile Justice in its ability to effectively serve the student. The law enforcement agency must certify in writing to the educational institution releasing the record that the information will not be disclosed to any party not involved with law enforcement. The educational institution releasing the record must notify the student's parent or guardian, in writing, that the education record has been released to a law enforcement agency within ten days of the release.

(2)    To the extent permitted by federal law, a school resource officer may release any portion of a student's education records, that the school resource officer maintains for the purpose of law enforcement, to a state or local law enforcement agency.

(3)    For purposes of this section, 'education records' has the same meaning as in 20 U.S.C. 1232."

SECTION    2.    This act takes effect upon approval by the Governor.

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