Maine Revised Statutes Title 20-A Sec. 6001 – Dissemination of information
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1. Federal and state law. The provisions of this section, the United States Family Educational Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law 93-568, and the federal Individuals with Disabilities Education Act, 20 United States Code § 1400 et seq., as amended, govern the dissemination of education records and personally identifiable information about students in public schools, private schools approved by the department pursuant to chapter 117 and private schools recognized by the department as providing equivalent instruction pursuant to section 5001?A, subsection 3, paragraph A, subparagraph (1), division (b), as well as written notices of intent to provide equivalent instruction through home instruction and all education records of students receiving equivalent instruction through home instruction.
[PL 2015, c. 97, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 6001
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Internet restrictions. A public school may not publish on the Internet or provide for publication on the Internet any personal information about its students without first obtaining the written approval of those students’ parents. For the purpose of this section, “personal information” means information that identifies a student, including, but not limited to, the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names.
[PL 1999, c. 595, §2 (NEW).]
3. Dissemination of education records to criminal justice agencies. A school may disseminate education records as defined in 20 United States Code § 1232 g(a)(4) regarding a juvenile if:
A. The juvenile has not been adjudicated as having committed a juvenile crime; [PL 1999, c. 595, §2 (NEW).]
B. The education records are disseminated to:
(1) Criminal justice agencies; or
(2) Agencies that by court order or agreement of the juvenile are responsible for the health or welfare of the juvenile and that have provided the school with a statement describing the purpose of the dissemination; and [PL 1999, c. 595, §2 (NEW).]
C. The education records are relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile’s rehabilitation. [PL 1999, c. 595, §2 (NEW).]
Education records received under this subsection are confidential and may not be further disseminated, except to the court or as otherwise provided by law. The persons to whom the education records are disseminated shall certify in writing to the school that the records will not be disclosed to any other party, except the court or as otherwise provided by law, without the written consent of the juvenile or the juvenile’s parent or guardian.
[PL 1999, c. 595, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1989, c. 911, §1 (AMD). PL 1999, c. 17, §1 (AMD). PL 1999, c. 595, §2 (RPR). PL 2003, c. 181, §3 (AMD). PL 2015, c. 97, §1 (AMD).