2014 Indiana Code TITLE 20. EDUCATION ARTICLE 33. STUDENTS: GENERAL PROVISIONS CHAPTER 7. PARENTAL ACCESS TO STUDENT RECORDS
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IC 20-33-7
Chapter 7. Parental Access to Student Records
IC 20-33-7-1
"Education records"
Sec. 1. As used in this chapter, "education records" means
information that:
(1) is recorded by a nonpublic or public school; and
(2) concerns a student who is or was enrolled in the school.
As added by P.L.1-2005, SEC.17.
IC 20-33-7-2
Custodial and noncustodial parents; equal access; exceptions
Sec. 2. (a) Except as provided in subsection (b), a nonpublic or
public school must allow a custodial parent and a noncustodial parent
of a child the same access to their child's education records.
(b) A nonpublic or public school may not allow a noncustodial
parent access to the child's education records if:
(1) a court has issued an order that limits the noncustodial
parent's access to the child's education records; and
(2) the school has received a copy of the court order or has
actual knowledge of the court order.
As added by P.L.1-2005, SEC.17.
IC 20-33-7-3
Report of educational records without parental consent
Sec. 3. (a) As used in this section, "juvenile justice agency" has
the meaning set forth in IC 10-13-4-5.
(b) A school corporation or other entity to which the education
records privacy provisions of the federal Family Educational Rights
and Privacy Act (20 U.S.C. 1232g) apply may disclose or report on
the education records of a child, including personally identifiable
information contained in the education records, without the consent
of the child's parent under the following conditions:
(1) The disclosure or reporting of education records is to a state
or local juvenile justice agency.
(2) The disclosure or reporting relates to the ability of the
juvenile justice system to serve, before adjudication, the student
whose records are being released.
(3) The juvenile justice agency receiving the information
certifies, in writing, to the entity providing the information that
the agency or individual receiving the information has agreed
not to disclose it to a third party, other than another juvenile
justice agency, without the consent of the child's parent.
(c) For purposes of subsection (b)(2), a disclosure or reporting of
education records concerning a child who has been adjudicated as a
delinquent child shall be treated as related to the ability of the
juvenile justice system to serve the child before adjudication if the
juvenile justice agency seeking the information provides sufficient
information to enable the keeper of the education records to
determine that the juvenile justice agency seeks the information in
order to identify and intervene with the child as a juvenile at risk of
delinquency rather than to obtain information solely related to
supervision of the child as an adjudicated delinquent child.
(d) A school corporation to which the education records privacy
provisions of the federal Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) apply may disclose or report on the education
records of a child, including personally identifiable information
contained in the education records, without the consent of the child's
parent, if the child has been suspended or expelled and referred to a
court in accordance with an agreement for court assisted resolution
of suspension and expulsion cases under IC 20-33-8.5. The request
for the education records of a child by a court must be for the purpose
of assisting the child before adjudication.
(e) A school corporation or other entity to which the education
records privacy provisions of the federal Family Educational Rights
and Privacy Act (20 U.S.C. 1232g) apply that:
(1) discloses or reports on the education records of a child,
including personally identifiable information contained in the
education records, in violation of this section; and
(2) makes a good faith effort to comply with this section;
is immune from civil liability.
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,
SEC.21.
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