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Arizona Legislature· SB1126Signed by Governor (Chapter 28)

DCS caseworkers; schools; required disclosures, the official text

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Senate Engrossed

DCS caseworkers;
schools; required disclosures

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1126

AN
ACT

amending section 15-141, Arizona
Revised Statutes; relating to educational records.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-141, Arizona Revised
Statutes, is amended to read:

START_STATUTE15-141. Educational records; injunction; special action; allowable
release of records; court procedures

A. The right to inspect and review educational
records and the release of or access to these records, other information or
instructional materials is governed by federal law in the family educational rights and privacy [rights] act of 1974 (20
United States Code sections 1232g, 1232h and 1232i), and federal regulations
issued pursuant to [such] that act.

B. In addition to the enforcement procedures
provided in the family educational rights and privacy rights act of 1974, the superior court may grant injunctive or
special action relief if any educational agency or institution or an officer or
employee of such an agency or institution fails to comply
with the act regardless of whether the agency or institution is the recipient
of any federal funds subject to termination pursuant to the act or whether
administrative remedies through any federal agency have been exhausted.

C. Notwithstanding any financial debt owed by the
pupil, the governing board of a school district shall release to the department
of juvenile corrections all educational records relating to a pupil who is
awarded to the department of juvenile corrections within ten working days after
the date the request is received.

D. A juvenile court may require a school district to
provide the court with the educational records of a juvenile who is accused of
committing a delinquent or incorrigible act before the juvenile is
adjudicated. The educational records [shall] must include the juvenile's cumulative file and discipline file
and, if applicable, records that are compiled pursuant to the individuals with
disabilities education act (P.L. 91-230; 84 Stat. 175; 20 United
States Code section 1400) and the rehabilitation act of 1973 (P.L. 93-112;
87 Stat. 394; 29 United States Code section 794). The presiding
judge of the juvenile court shall adopt procedures for the transmission of the
educational records from the school district to the juvenile
court. The disclosure of the educational records [shall]
must comply with the family educational rights
and privacy [rights] act of 1974 (20 United States
Code section 1232g) and [shall] must ensure
the ability of the juvenile court to effectively serve, before adjudication,
the juvenile whose records are released. [Nothing in]
This subsection [shall be considered to] does
not prevent the juvenile court from adjudicating a juvenile prior to before receiving educational
records pursuant to this subsection.

E. A school district may release pupil attendance,
disciplinary and other educational records to a law enforcement agency and
county attorney pursuant to an intergovernmental agreement among the school
district, law enforcement agency, county attorney and other state, local or
tribal government agencies to create a local or tribal governmental juvenile
justice network for the purpose of:

1. Providing appropriate programs and services to
intervene with juveniles currently involved in the juvenile justice system.

2. Providing appropriate programs and services
designed to deter at-risk juveniles from dropping out of school or engaging in other delinquent behavior.

3. Increasing the safety and security of the
community and its children by reducing juvenile crime.

F. Educational records provided pursuant to an
intergovernmental agreement entered into pursuant to subsection E of this section shall be used solely for the purposes of the
agreement and shall not be disclosed to any other party, except as provided by
law.

G. In accordance with the family
educational rights and privacy act of 1974 and regulations adopted pursuant to
that act, on request by a department of child safety caseworker, a school shall
both:

1. Identify the following to the
caseworker:

(a) any school
that has requested a pupil's educational records.

(b) any person
who has withdrawn a pupil from school, according to the pupil's educational
records.

2. Provide to the caseworker any
other requested information or records relating to a pupil who is or was
enrolled at the school.

H. A public school or private school
may not prohibit any school employee, contractor or volunteer from speaking to
a department of child safety caseworker who is investigating an allegation of
abuse or neglect. END_STATUTE
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