CHAPTER 40

FORMERLY

SENATE BILL NO. 57

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DISCLOSURE OF, AND ACCESS TO, EDUCATION RECORDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend subsections (a) and (b) of Section 4111 of Title 14 of the Delaware Code by striking said subsections in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:

“(a) Educational records of students in all public and private schools in this State are deemed to be confidential. Educational records may be released, and personally identifiable information contained therein disclosed, only in accordance with rules and regulations of the Department of Education. Such rules and regulations shall authorize the release of educational records upon written consent and shall establish the other terms and conditions on which educational records may and must be released.

(b) All public and private schools in this State shall allow parents to inspect and review the education records of their children who are, or have been, in attendance at the school. The right to inspect and review educational records shall be in accordance with rules and regulations of the Department of Education.”

Section 2. Amend subsection (c) of Section 4111 of Title 14 of the Delaware Code by striking the word “pupil’s” as it appears once therein and replacing it with the word “student’s”.

Section 3. Further Amend subsection (c) of Section 4111 of Title 14 of the Delaware Code by striking the clause following the semicolon “;” and substituting in lieu thereof the following:

“nor by reason of the disclosure of the records or personally identifiable information from the records, nor lack of access thereto, in accordance with subsections (a) and (b) of this section.”

Section 4. Rules and regulations in effect on the date of enactment of this Act shall remain valid to the extent they are not inconsistent with this Act.

Section 5. This Act shall become effective upon its enactment into law.

Approved June 12, 2003