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COMMITTEE REPORT
March 4, 2008
S. 965
S. Printed 3/4/08--S. [SEC 3/5/08 11:49 AM]
Read the first time January 9, 2008.
To whom was referred a Bill (S. 965) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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, teacher, or school district employee who has regular contact with students on school grounds may disclose information regarding a student that relates to criminal gang activity with the school resource officer assigned to the school, or if a school resource officer is not available, any state or local law enforcement agency. If the information is part of the student's educational record as defined by federal law, the school resource officer is subject to the confidentiality provisions of federal law. The school resource officer that receives the information about the student shall utilize the information to aid in the effort to disassociate the student and other students from criminal gangs. This section shall not be construed to limit the school or school resource officer's ability to release student records as allowed by federal law.
(2) To the extent permitted by federal law, a school resource officer may release any portion of the law enforcement 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. 1232g."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JOHN E. COURSON for Committee.
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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