PRINTER'S NO. 359
No. 356 Session of 1995
INTRODUCED BY GAMBLE, E. Z. TAYLOR, TRELLO, CIVERA, BELARDI,
CLYMER, BELFANTI, MERRY, OLASZ, WOGAN, TIGUE, HERSHEY,
McCALL, FARMER, JAROLIN, LEH, STABACK, CLARK, CORRIGAN, NYCE,
MELIO, ARMSTRONG, BISHOP, KING, LAUGHLIN, BAKER, PESCI,
LYNCH, THOMAS, PETTIT, GORDNER, STERN, YEWCIC, WAUGH,
BOSCOLA, WALKO, YOUNGBLOOD AND CARONE, JANUARY 26, 1995
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 26, 1995
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for psychiatric and
6 psychological examinations and for education records.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding sections
11 to read:
12 Section 108.1. Psychiatric and Psychological Examinations.--
13 A student shall not be required, as part of any program, without
14 the prior written consent of the student's parent, or of the
15 student, if he or she is an adult or emancipated minor, to
16 submit to any psychiatric or psychological examination, testing
17 or treatment in which the purpose is to reveal information
18 concerning:
1 (1) political affiliations;
2 (2) mental and psychological problems potentially
3 embarrassing to the student or his family;
4 (3) sex behavior and attitudes;
5 (4) illegal, antisocial, self-incriminating and demeaning
6 behavior;
7 (5) critical appraisals of other individuals with whom
8 respondents have close family relationships;
9 (6) legally recognized privileged and analogous
10 relationships, such as those of lawyers, physicians and
11 ministers;
12 (7) income, other than that required by law to determine
13 eligibility for participation in a program or for receiving
14 financial assistance under a program; or
15 (8) attitudes, beliefs, emotions, feelings, habits, moods,
16 opinions, sentiments or traits.
17 Section 108.2. Education Records.--(a) It shall be unlawful
18 for any person, including, but not limited to, any public
19 school, school district or employee, contractor or agent
20 thereof, to release, permit the release of, or provide or allow
21 access to, education records, or personally identifiable
22 information contained therein, other than directory information
23 as defined herein, of students, without the written consent of
24 their parent, to any public or private agency, individual or
25 organization, other than to the following:
26 (1) Employes or officers of the school district within which
27 the student is enrolled who have been determined to have
28 legitimate educational interests.
29 (2) Employes or officers of other school systems in which
30 the student seeks or intends to enroll, upon condition that the
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1 student's parent be notified of the transfer, receive a copy of
2 the record if desired, and have an opportunity for a hearing to
3 challenge the content of the record.
4 (3) Authorized representatives of the Comptroller General of
5 the United States, of the Inspector General for Audits of the
6 United States Department of Education or of the Auditor General
7 of Pennsylvania: Provided, That any data collected by such
8 persons shall be protected in a manner which will not permit the
9 personal identification of students and their parents by other
10 than the persons authorized, and that the personally
11 identifiable data shall be destroyed when no longer needed for
12 the audit.
13 (4) A regional accrediting association recognized by the
14 United States Department of Education in order to carry out its
15 accreditation functions.
16 (5) Parents of a dependent student, as defined in section
17 152 of the Internal Revenue Code of 1986 (Public Law 93-383, 88
18 Stat. 139).
19 (6) Appropriate persons, in connection with an emergency, if
20 the knowledge of such information is necessary to protect the
21 health or safety of the student or other persons.
22 (7) Any person specified in a judicial order or subpoena,
23 upon condition that the parent is notified of any such order or
24 subpoena in advance of compliance.
25 (b) A copy of any records released under this section shall
26 be provided to student's parent upon request.
27 (c) Each school district shall maintain a record, kept with
28 the education records of each student, which will indicate all
29 public and private agencies, individuals and organizations which
30 have requested or obtained access to a student's education
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1 records maintained by the school district, and which will
2 indicate specifically the legitimate interest that each agency,
3 individual or organization had in obtaining the information. The
4 record of access shall be available only to parents, to the
5 school official and his assistants who are responsible for the
6 custody of the records, and to persons specified in clauses (1)
7 and (3) of subsection (a) as a means of auditing the operation
8 of the system.
9 (d) Personal information shall be transferred to a third
10 party only on the condition that the party will not permit any
11 other party to have access to the information without the
12 written consent of the parent of the student.
13 (e) Whenever a student becomes an adult or an emancipated
14 minor, or is attending an institution of postsecondary
15 education, the permission or consent required of, and the rights
16 accorded to, the parent of the student shall be required of and
17 accorded to the student only.
18 (f) Definitions.--As used in this section, the following
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 "Directory information." A student's name, age in years,
22 municipality of residence, participation in officially
23 recognized activities and sports, weight and height of members
24 of athletic teams and awards, certificates and diplomas
25 received.
26 "Written consent." A signed statement specifying records to
27 be released, to whom they are to be released and the reasons for
28 the release. Written consent may be furnished by either parent
29 or by a court-appointed legal guardian: Provided, That if a
30 school district is advised that one parent has sole legal
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1 custody, the consent may be furnished by that parent only.
2 Section 2. This act shall take effect immediately.
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