Relates to the release of student education records to juvenile detention facilities; provides that where a student has been directed to be held in a juvenile detention facility pursuant to a court order, the educational agency where such student attends school at the time of such direction shall, upon request of the juvenile detention facility where such student is held, disclose such educational records to educational program personnel at such facility without consent of the parent or eligible student under certain circumstances.
STATE OF NEW YORK
________________________________________________________________________
8371
2025-2026 Regular Sessions
IN SENATE
June 5, 2025
___________
Introduced by Sen. BRISPORT -- (at request of the State Education
Department) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the education law, in relation to the release of student
education records to juvenile detention facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 2-e to
2 read as follows:
3 § 2-e. Release of student education records to juvenile detention
4 facilities. 1. Definitions. As used in this section the following terms
5 shall have the following meanings:
6 a. "Education records" shall have the same meaning as defined in
7 section 99.3 of title thirty-four of the code of federal regulations
8 implementing the family educational rights and privacy act, section
9 twelve hundred thirty-two-g of the United States Code.
10 b. "Educational agency" shall mean any public school district, board
11 of cooperative educational services, special act school district, public
12 school kindergarten program, approved private school for the education
13 of students with disabilities and a state supported or state operated
14 school subject to the provisions of article eighty-five, eighty-seven or
15 eighty-eight of this chapter.
16 c. "Student" shall mean any person attending an educational agency
17 identified in paragraph b of this subdivision.
18 d. "Parent" means a parent, legal guardian, or person in parental
19 relation to a student.
20 e. "Educational program" shall mean educational programs supervised or
21 administered by a juvenile detention facility pursuant to section one
22 hundred twelve of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08179-01-5
S. 8371 2
1 f. "Juvenile detention facility" shall mean secure, specialized
2 secure, limited secure, and non-secure juvenile detention facilities
3 described in title two of article nineteen-G of the executive law.
4 g. "Eligible student" means a student eighteen years or older.
5 2. As authorized under the family educational rights and privacy act,
6 20 U.S.C. section 1232g(b)(1)(E), where a student has been directed to
7 be held in a juvenile detention facility pursuant to a court order, the
8 educational agency where such student attends school at the time of such
9 direction shall, upon request of the juvenile detention facility where
10 such student is held, disclose such educational records to educational
11 program personnel at such facility without consent of the parent or
12 eligible student, provided that:
13 a. such student has not yet been (i) adjudicated delinquent pursuant
14 to article three of the family court act; (ii) convicted of a crime as
15 an adolescent offender or juvenile offender; or (iii) adjudicated a
16 youthful offender;
17 b. such disclosure is for the sole purpose of providing the student
18 with pre-adjudication services including, but not limited to, educa-
19 tional services; and
20 c. any individual who receives the student education records certifies
21 in writing that such individual agrees not to disclose such information
22 to a third party outside the juvenile detention facility without consent
23 of the parent or eligible student, except as authorized pursuant to
24 subdivision three of this section.
25 3. Student education records disclosed pursuant to this section, shall
26 not be re-disclosed by the juvenile detention facility to any individual
27 or entity without consent of the parent or eligible student, unless:
28 a. the individual or entity is authorized by such juvenile detention
29 facility to receive such disclosure;
30 b. the individual or entity is or anticipates providing services to
31 address a student's educational needs; and
32 c. such disclosure is consistent with the requirements of all applica-
33 ble state and federal laws including, but not limited to, section two-d
34 of this article.
35 § 2. This act shall take effect immediately.
