20-2-1183. Written agreement for law enforcement officers in schools; model language.

When a local school system assigns or employs law enforcement officers in schools, the local board of education shall have a collaborative written agreement with law enforcement officials to establish the role of law enforcement and school employees in school disciplinary matters and ensure coordination and cooperation among officials, agencies, and programs involved in school discipline and public protection.#

By October 1, 2025, the collaborative written agreement required by this Code section shall include specific terms and conditions for the handling and disclosure of student education records, student data, and student personally identifiable data, as such terms are defined in Code Section 20-2-662. Such terms and conditions shall include, but shall not be limited to:#

1. (1)

   Under what circumstances information regarding a student may or shall be disclosed to a law enforcement officer, a law enforcement agency, a judge or court personnel, or another state or local agency or officer with a legal interest in such information;#

2. (2)

   Whether any law enforcement officer who is subject to such agreement is or may act as a school official with access to student education records and the personally identifiable information contained therein; and#

3. (3)

   Whether the law enforcement officers who are subject to such agreement constitute a law enforcement unit, as such term is defined in the federal Family Education Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3; and, if so:#

   1. (A)

      What records shall be handled as law enforcement unit records and are not protected by FERPA; and#

   2. (B)

      What records shall be handled as education records and are protected by FERPA.#

By August 1, 2025, the Department of Education shall publish on its public website model language for the terms and conditions required by this Code section to be available for use by schools and law enforcement officers. Such model language shall be reviewed and updated from time to time as necessary to comport with the content of the guidance document promulgated by the Department of Education chief privacy officer as provided for in Code Section 20-2-663.#