15-142. Access to directory information relating to pupils and to school property; violation

A. If the governing board of a school district or the governing body of a charter school permits the release of directory information relating to pupils or permits access to school buildings, school grounds or other school property to persons who inform pupils of educational or occupational opportunities, the governing board or governing body shall provide access to directory information relating to pupils and to school property on the same basis for official recruiting representatives of the militia of this state and the armed services of the United States for the purpose of informing pupils of educational and occupational opportunities available in the militia and the armed services. If the school district or charter school permits the release of directory information relating to pupils, the information shall be released on or before October 31 of each year. The department of education shall design and provide to school districts and charter schools a form to allow pupils to request that directory information not be released pursuant to the elementary and secondary education act as reauthorized by the no child left behind act of 2001. School districts and charter schools shall distribute the form to pupils each year separate from any other form. If a school district or charter school distributes materials to pupils through electronic communication or on an internet website, the form may be distributed in the same manner. A person who is wrongfully denied access to directory information or access to school buildings, school grounds or other school property may notify the department of education, which shall report the alleged violation to the United States department of education.

B. Notwithstanding subsection A of this section, pupil transcripts shall not be released to representatives of postsecondary institutions, the militia of this state or the armed services of the United States unless the pupil consents in writing to the release of the pupil's transcript. The governing board of the school district or the governing body of the charter school shall provide the pupil with a transcript release form that allows the pupil to designate in separate check boxes whether the transcript is to be released to postsecondary institutions, the militia of this state or the armed services of the United States, or to any combination of these entities.

C. This section shall not be construed to authorize school districts or charter schools to release information that would violate the family educational rights and privacy act of 1974 (20 United States Code section 1232g). Any person who suspects that a school district or charter school has knowingly violated the family educational rights and privacy act may notify the principal of the charter school or the superintendent of the school district. If the matter is not satisfactorily resolved by the principal of the charter school or the superintendent of the school district within sixty days after the notice, the person may file a complaint with the superintendent of public instruction. If the superintendent of public instruction determines that a school district or charter school is knowingly in violation of the family educational rights and privacy act, the superintendent of public instruction shall notify the school district or charter school that it is in violation of the family educational rights and privacy act. If the superintendent of public instruction determines that the school district or charter school has failed to correct the violation within sixty days after a notice has been issued pursuant to this subsection, the superintendent of public instruction may inform the family policy compliance office of the United States department of education of a possible violation of the family educational rights and privacy act.