Bill > HB95

This bill establishes new protections for student records by requiring schools, the Delaware Department of Education (DOE), and digital education operators to obtain authorization from the Delaware Attorney General (DE AG) before sharing student information with immigration enforcement agencies. Specifically, the bill defines key terms like "student," "guardian," and "student record," and mandates that any disclosure of student records to immigration enforcement must first be approved by the DE AG, with an exception for disclosures made pursuant to a judicial warrant. The authorization request must be submitted in writing, provide at least 72 hours notice, specify the enforcement agency, explain the reason for the request, and provide a detailed description of the scope, including the purpose, records sought, potentially impacted individuals, and how student privacy will be protected. Additionally, the bill provides a legal avenue for students or guardians whose information is improperly disclosed, allowing them to seek injunctive relief and actual damages, including reasonable attorney's fees. This legislation aims to protect student privacy and prevent potential immigration enforcement actions that could intimidate or harm students and their families.

Education

https://legis.delaware.gov/BillDetail?LegislationId=142019