§ 300.535 Referral to and action by law enforcement and judicial authorities.

Plain English summary

This section clarifies that agencies are not prohibited from reporting crimes committed by children with disabilities to law enforcement or judicial authorities. When a crime is reported, the agency must transmit the child's special education and disciplinary records to those authorities, but only to the extent permitted by the Family Educational Rights and Privacy Act (FERPA).

Key requirements

• Nothing in this part prohibits an agency from reporting a crime committed by a child with a disability to appropriate authorities.
• State law enforcement and judicial authorities are not prevented from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
• An agency reporting a crime committed by a child with a disability must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.
• An agency reporting a crime under this section may transmit copies of the child's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act.

Affected parties

• local educational agencies (LEAs)
• children with disabilities
• state law enforcement authorities
• judicial authorities
• parents of children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.535