REPORT TITLE:
Student Information


DESCRIPTION:
Requires a government agency to disclose personally identifiable
information on a public school student to the DOE, if knowledge
of the information is necessary to:  (1) protect the safety or
well-being of the student or other individuals; or (2) provide
the student with an appropriate public education.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2627
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
   TO THE DEPARTMENT OF EDUCATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "�302A-     Disclosure of personally identifiable
 
 5 information to the department.  (a)  Notwithstanding any law to
 
 6 the contrary, a government agency, upon request by the
 
 7 department, shall disclose personally identifiable information on
 
 8 a public school student to the department, if knowledge of the
 
 9 information is necessary to:
 
10      (1)  Protect the safety or well-being of the student or
 
11           other individuals; or
 
12      (2)  Provide the student with an appropriate public
 
13           education.
 
14      (b)  A government agency may:
 
15      (1)  Include in the agency's records, appropriate
 
16           information concerning corrective or disciplinary
 
17           action taken in regards to a student for conduct that
 
18           posed a significant risk to the safety or well-being of
 
19           the student or other individuals; and
 

 
Page 2                                                     2627
                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  Disclose appropriate information maintained under
 
 2           paragraph (1) to teachers and school officials in the
 
 3           department of education, who the agency has determined
 
 4           have legitimate educational interests in the behavior
 
 5           of the student, to:
 
 6           (A)  Protect the safety or well-being of the student or
 
 7                other individuals; or
 
 8           (B)  Provide the student with an appropriate public
 
 9                education.
 
10      (c)  This section shall take precedence over all conflicting
 
11 statutes concerning this subject matter and shall preempt all
 
12 contrary ordinances, executive orders, legislation, or rules
 
13 adopted by the State, a county, or any agency thereof, including
 
14 the judiciary.
 
15      (d)  The department shall adopt rules in accordance with
 
16 chapter 91 to carry out the purposes of this section.
 
17      (e)  This section shall be strictly construed."
 
18      SECTION 2.  New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:_________________________