Information Sharing

Information Sharing Between Schools and the Juvenile Justice System

When a youth violates the law, information sharing between schools and the juvenile justice system is indispensable. Educators and juvenile justice agencies need to share information because youth offenders often return to school as a condition of probation.

According to Laney (1996), juvenile justice agencies need to provide educators with the dates and circumstances under which youth offenders return to school. With this knowledge, educators can provide appropriate counseling and assistance to youth offenders and then contribute their insight and expertise to the juvenile justice agencies. Educators also can track the youth's attendance, achievement, and behavior in school. Under the Family Educational Rights and Privacy Act (FERPA) of 1994, any of this information may be given to juvenile justice agencies through court order, consent, certain state laws, or the law enforcement record exception. Laney (1996) explains the information sharing that FERPA permits:

"FERPA expressly allows educators to:

Share information with juvenile justice agencies after obtaining prior consent from the juvenile's parent or guardian.

Share information, without prior parental consent, under each of the following circumstances:

When the disclosure is made in compliance with a court order or lawfully issued subpoena.

If the educational agency is initiating legal action against the student or the student's parent and has made reasonable efforts to give prior notice.

When information about disciplinary action taken against a student is being provided to other schools that have a significant interest in the behavior of the student.

If the information is needed by a juvenile justice agency that is providing services to the student, prior to adjudication, as authorized by State law.

When the record disclosed is a law enforcement record created and maintained by the law enforcement unit of the educational agency or institution.

When the disclosure is in connection with an emergency and is necessary to protect the health or safety of the student or other individuals." (pp. 1-2)

Laney (1996) adds that information sharing through FERPA enables schools to identify and provide services for at-risk and delinquent youth, thereby contributing to the improvement of the juvenile justice system and the betterment of the community.