511 IAC 7-44-10 - Referral to law enforcement and judicial authorities
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-33-7-3; IC 20-35
Sec. 10.
(a) Nothing
in this article:
(1) prohibits a public
agency from reporting a crime allegedly committed by a student with a
disability to appropriate authorities; or
(2) prevents state law enforcement and
judicial authorities from exercising their responsibilities with regard to the
application of federal and state law to crimes committed by a student with a
disability.
(b) When the
public agency reports a crime committed by a student with a disability, the
public agency must ensure that copies of the education and disciplinary record
of the student are transmitted only to the extent the transmission is permitted
by the Family Educational Rights and Privacy Act (which includes requiring the
receiving authorities to certify in writing that the records will not be
disclosed to any other parties) and as required by IC
20-33-7-3, without the prior
written consent of the parent or the student of legal age for consideration by
the appropriate authorities to whom it reports the crime.
Notes
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