Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 10 - GENERAL PROVISIONS (§§ 6-10-101 — 6-10-139) › Section 6-10-134 - Notification to school district of adjudication or conviction of minor - Confidentiality - Definition

(a)
For the purposes of this section, "minor" means a:
(1)
Child who is under eighteen (18) years of age; or
(2)
Person who is eighteen (18) years of age or older and a student in a public secondary school.
(b)
Upon receiving a written request, a court may provide information concerning the disposition of a minor who has been adjudicated delinquent or convicted of a criminal offense to the school superintendent or the designee of the school superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(c)
A prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which a minor transfers, in which the minor is enrolled, or from which the minor receives services if the minor is adjudicated delinquent for or convicted of:
(1)
An offense involving a deadly weapon under §
5-1-102
;
(2)
Kidnapping under §
5-11-102
;
(3)
Battery in the first degree under §
5-13-201
;
(4)
Sexual indecency with a child under §
5-14-110
;
(5)
First, second, third, or fourth degree sexual assault under §
5-14-124
, §
5-14-125
, §
5-14-126
, or §
5-14-127
; or
(6)
The unlawful possession of a handgun under §
5-73-119
.
(d)
Information provided under subsections (b) and (c) of this section shall not be released in violation of any state or federal law protecting the privacy of the minor.
(e)
(1)
An arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services of the arrest or detention of the minor for one (1) or more of the following offenses:
(A)
An offense involving a deadly weapon under §
5-1-102
;
(B)
Kidnapping under §
5-11-102
;
(C)
Battery in the first degree under §
5-13-201
;
(D)
Sexual indecency with a child under §
5-14-110
;
(E)
First, second, third, or fourth degree sexual assault under §§
5-14-124
-
5-14-127
; or
(F)
The unlawful possession of a handgun under §
5-73-119
.
(2)
The notice required under subdivision (e)(1) of this section shall be provided within twenty-four (24) hours of the arrest or detention of the minor or before the next school day, whichever is earlier.
(3)
(A)
The superintendent of the school district in which the minor is enrolled or from which the minor receives services shall then immediately notify:
(i)
The principal of the school;
(ii)
The resource officer of the school; and
(iii)
Any other school official with a legitimate educational interest in the minor.
(B)
The arrest information shall:
(i)
Be treated as confidential information; and
(ii)
Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (e)(3)(A) of this section.
(C)
A person listed in subdivision (e)(3)(A) of this section who is notified of the arrest or detention of a minor by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives.
(4)
The arrest information shall be used by the school only for the limited purpose of obtaining services for the minor or to ensure school safety.
(f)
Records of the arrest of, the detention of, investigation of, or proceedings involving a minor are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq., unless:
(1)
Authorized by a written order of the juvenile division of circuit court;
(2)
The arrest or the proceedings result in the minor being formally charged in the criminal division of circuit court for a felony; or
(3)
As allowed under this section or §
9-27-320
.
(g)
(1)
Information regarding the arrest or detention of a minor and proceedings related to the arrest or detention of the minor shall be confidential unless the exchange of information is:
(A)
For the purpose of obtaining services for the minor or to ensure school safety;
(B)
Reasonably necessary to achieve one (1) or both purposes; and
(C)
Under a written order by the circuit court.
(2)
Information regarding the arrest or detention of a minor may be given only to the following persons:
(A)
A school counselor;
(B)
A juvenile court probation officer or caseworker;
(C)
A law enforcement officer;
(D)
A spiritual representative designated by the minor or his or her parents or legal guardian;
(E)
A Department of Human Services caseworker;
(F)
A community-based provider designated by the court, the school, or the parent or legal guardian of the minor;
(G)
A Department of Health representative;
(H)
The minor's attorney or other court-appointed special advocate; or
(I)
(i)
A school superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(ii)
A school superintendent or the designee of the superintendent of the school district in which the minor is enrolled or from which the minor receives services shall immediately notify the following persons of information he or she obtains under subdivision (g)(1) of this section:
(a)
The principal of the school;
(b)
The resource officer of the school; and
(c)
Any other school official with a legitimate educational interest in the minor.
(3)
A person listed in subdivision (g)(2) of this section may meet to exchange information, to discuss options for assistance to the minor, to develop and implement a plan of action to assist the minor, and to ensure school safety.
(4)
The minor and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (g)(2) of this section when three (3) or more individuals meet to discuss assistance for the minor or the protection of the school due to the behavior of the minor.
(5)
Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the minor's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (g)(2) of this section and the purpose for the disclosure.
(6)
A person listed in subdivision (g)(2) of this section who exchanges any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with the limitations set forth in this section.
(h)
(1)
When a court orders a safety plan for a minor that restricts or requires supervised contact with another minor as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student safety be provided to the school superintendent, the designee of the superintendent, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(2)
When a court order amends or removes any safety plan outlined in subdivision (h)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student safety, be provided to the school superintendent, or his or her designee, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
(3)
A school official who receives a court order and safety plan or information concerning the court order and safety plan shall:
(A)
Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan;
(B)
Keep the information confidential and shall not disclose the information to a person not listed in subdivision (g)(2) of this section;
(C)
Include the information in the permanent educational records of the minor; and
(D)
(i)
Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act,
20 U.S.C. § 1232g
.
(ii)
A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act,
20 U.S.C. § 1232g
.
(iii)
However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record of the minor.
(4)
When a minor attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the permanent records of the minor at the local education agency and destroyed.
Added by Act 2019, No. 647,§ 1, eff. 7/24/2019.