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.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT AMENDED AND ADOPTED

March 5, 2008

S. 965

Introduced by Senator Martin

S. Printed 3/5/08--S.

Read the first time January 9, 2008.

            

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.

Amend Title To Conform

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, teacher, or school district employee that has regular contact with students on school grounds, may release information regarding a student, including the relevant portion of a student's education records, that relates to criminal gang activity to the school's resource officer, or if the resource officer is not available, to any state or local law enforcement agency. The resource officer or law enforcement agency that receives the information shall utilize the information or education records to aid in the effort to disassociate the student and other students from criminal gangs. If the information released is part of the student's education records, the information must be utilized to aid the Department of Juvenile Justice in its ability to effectively serve the student, and the resource officer or law enforcement agency must certify in writing to the educational institution releasing the education records that the record will not be disclosed to any party not involved with law enforcement. 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.

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