AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO DISCLOSURE OF PUPILS' SCHOOL RECORDS.

This Act updates the statute on disclosure of pupil records to ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, and improve information sharing between educational institutions and programs operating in this State, including local postsecondary institutions and programs and local education agencies, and the Department of Education (“Department”). Specifically, the Act does the following: (1) Provides that educational records of students, and personally identifiable information contained therein, may only be disclosed or redisclosed in accordance with FERPA and its implementing regulations. (2) Allows local education agencies and educational institutions and programs who outsource their data exchange and compliance with reporting requirements to the Department to consider the Department a school official as defined by FERPA regulations. This allows educational institutions and programs to disclose to the Department, without parental consent, information necessary for federal and state reporting when there is a legitimate educational interest. (3) Gives the Department authority to redisclose educational records for the purposes of ensuring the effectiveness of publicly funded programs and improving educational outcomes for students. Like initial disclosures, redisclosures must comply with FERPA and its implementing regulations. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.