Report Title:

Auditor; Confidentiality of Records

Description:

Designates the auditor as authorized representative of the department of education and department of health for purposes of accessing student records. (SD1)

THE SENATE

S.B. NO.

2056

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the auditor.

 

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

SECTION 1. Chapter 23, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"23-   Access to confidential records. In addition to all other powers and authority granted to the office of the auditor under the laws of the State, during the course of performing the official duties of the office of the auditor, as described in this chapter, the office of the auditor shall be an authorized representative of the department of education and department of health, a state educational authority, or a state educational official, and shall have access to any student or other records that may be necessary in connection with:

(1) Any audit or evaluation of any federal or state supported educational program; or

(2) The enforcement of the federal or state legal requirements which relate to the educational program;

provided that parents shall be notified in writing in advance of such access.

Unless otherwise authorized by federal or state law, any data collected by the office of the auditor pursuant to this section shall be protected in a manner that will not permit the personal identification of students and their parents by anyone other than the auditor, the auditor's staff, or agents of the office of the auditor, and that personally identifiable data shall be destroyed when no longer needed for audit, evaluation, or enforcement of federal or state legal requirements."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.