79-303.01.

State Department of Education; Department of Health and Human Services; Office of Probation Administration; State Court Administrator; sharing data relevant to court-involved students; memorandum of understanding; policies and procedures; consultant recommendations; reports; centralized education records system.

(1) On or before October 1, 2023, the State Department of Education, the Department of Health and Human Services, the Office of Probation Administration, and the State Court Administrator shall enter into a memorandum of understanding for the sharing of data relevant to students who are under the jurisdiction of the juvenile court. The purpose for the sharing of data is to provide systems-wide coordination to improve educational opportunities and outcomes and to facilitate service coordination for such students. The memorandum shall include the intent for the State Department of Education to contract with an outside consultant with expertise in the education of court-involved students to assist in the development of such policies and procedures.

(2) The consultant shall provide recommendations addressing issues that include, but need not be limited to, the following:

(a) Identifying and defining the population of students whose data should be collected and shared;

(b) Defining the specific types of data to be collected and shared;

(c) Identifying shared data systems;

(d) Identifying the entities and persons for which the data should be accessible;

(e) Identifying both federal and state legal responsibilities and confidentiality parameters; and

(f) Developing a uniform approach for the transfer of educational credits.

(3) The development of such policies and procedures for the sharing of data shall be collaborative and shall include input from the appropriate entities including, but not limited to, the State Department of Education, the Department of Health and Human Services, the Office of Probation Administration, the State Court Administrator, the juvenile court system, the superintendent of schools for the youth and rehabilitation centers, public school districts, educators, and court-involved students and their parents. The consultant shall provide a draft report containing the recommendations described in subsection (2) of this section to the appropriate agency representatives and to the Commissioner of Education, the chief executive officer of the Department of Health and Human Services, and the Chief Justice of the Supreme Court on or before September 1, 2024.

(4) The State Department of Education shall complete a final report detailing the recommendations of the consultant and any policies and procedures that are being considered for adoption by the State Department of Education, the Department of Health and Human Services, the Office of Probation Administration, and the State Court Administrator. The report shall be delivered electronically to the Chief Justice of the Supreme Court, the Governor, and the Clerk of the Legislature on or before December 1, 2024.

(5)(a) The State Department of Education shall create a centralized education records system for students under the jurisdiction of a juvenile court and employ registrars to ensure (i) the education services of such students are not disrupted, (ii) the education records for such students are promptly and appropriately shared, and (iii) credit hours are awarded for academic work completed by such students.

(b) On or after July 1, 2026, the State Department of Education shall maintain the centralized education records system created pursuant to subdivision (5)(a) of this section for students under the jurisdiction of a juvenile court. The system shall allow for the immediate transfer of education records as appropriate. Each approved or accredited school shall share education records with the department for inclusion in such centralized education records system immediately upon request for any student under the jurisdiction of a juvenile court.

(c)(i) On and after July 1, 2026, the Commissioner of Education shall employ registrars who shall be responsible for ensuring the education records of students under the jurisdiction of a juvenile court are maintained in an accurate and timely manner in the centralized education records system created pursuant to subdivision (5)(a) of this section.

(ii) Registrars employed pursuant to subdivision (5)(c)(i) of this section shall also analyze the education records of high school students under the jurisdiction of a juvenile court to determine if additional credit hours should be awarded by the Commissioner of Education for academic work that has been completed by such students.

(iii) The Commissioner of Education shall either upon request or in response to an analysis conducted by a registrar pursuant to subdivision (5)(c)(ii) of this section award credit hours pursuant to rules and regulations adopted and promulgated by the State Board of Education to any high school student who is or was under the jurisdiction of a juvenile court and has evidence of the completion of academic work that would generally be required for such credit hours. Any credit hours awarded by the commissioner shall be recognized by any approved or accredited school and shall count toward meeting any graduation requirements related to the subject area of the credit hours.

(6) The cost of the centralized education records system and registrars employed pursuant to subsection (5) of this section shall be paid from the State Department of Education Improvement Grant Fund.