SB 129

Bill Subjects

Attorney General Civil Actions Generally Civil Actions, Penalties Privacy, Right To Schools, Pupils (Other Than Disciplinary Matters)

Abstract

Establishes certain consent requirements regarding students. Provides that, if the attorney general determines that a school corporation or school: (1) discloses a student education record, or any information in a student education record, in violation of federal law; or (2) has a student who is less than 18 years of age and is not emancipated participate in any mental health assessment, mental health service, psychiatric or psychological examination or test, or psychiatric or psychological treatment without the informed written consent of the student's parent; the attorney general may assess a civil penalty against the school corporation or school. Provides that the parent of a student may bring a civil action for certain violations. Provides that the civil penalty and civil action provisions also apply to violations of other provisions concerning: (1) consent for mental health referrals; (2) disclosure of medical records; (3) mental health diagnoses or information; (4) requirements to make certain materials available for inspection; (5) requirements concerning human sexuality instruction; and (6) obtaining consent before requiring a student to participate in certain personal analyses, evaluations, or surveys. Amends a civil immunity provision currently in law to provide that a school, school employee, or school board does not have civil immunity for referrals the school made or services the school offered concerning evaluations or treatment of a student's health if the school, school employee, or school board violated certain consent requirements in making the referral or offering the services. Reconciles the versions of IC 10-21-1-2 that were enacted by the 2019 general assembly.