Arizona

Code	Subject Matter
Juvenile Code § 8-208	Juvenile court records; public inspection; exceptions
Ariz. Sup. Ct. R. 123	Public access to the judicial records of the state of Arizona
Constitution Art. 4, Section 22	Juvenile justice; certain chronic and violent juvenile offenders prosecuted as adults; community alternatives for certain juvenile offenders
Juvenile Code § 8-236	Juvenile Hearings: Cooperation
Juvenile Code § 15-141	Educational records; injunction; special action
Juvenile Code § 15-142	Access to directory information relating to pupils and to school property
Juvenile Code § 15-154	Public school safety program proposal; requirements; purpose; definitions
Juvenile Code § 15-155	School safety program; funding
Juvenile Code § 15-828	Admissions Requirements: Birth certificate; school records; exception
Juvenile Code § 15-829	Missing child; notification of school; flagging records; definitions

TITLE 8. CHILDREN
CHAPTER 2. JUVENILE COURT
ARTICLE 1. GENERAL PROVISIONS
A.R.S. § 8-208 (2008)

§ 8-208. Juvenile court records; public inspection; exceptions

A. The following records relating to a juvenile who is referred to juvenile court are open to public inspection:

1. Referrals involving delinquent acts, after the referrals have been made to the juvenile court or the county attorney has diverted the matter according to section 8-321.

2. Arrest records, after the juvenile is an accused as defined by section 13-501.

3. Delinquency hearings.

4. Disposition hearings.

5. A summary of delinquency, disposition and transfer hearings.

6. Revocation of probation hearings.

7. Appellate review.

8. Diversion proceedings involving delinquent acts.

B. On the request of an adult probation officer or state or local prosecutor, the juvenile court shall release to an adult probation department or prosecutor all information in its possession concerning a person who is charged with a criminal offense.

C. The juvenile court shall release all information in its possession concerning a person who is arrested for a criminal offense to superior court programs or departments, other court divisions or judges or as authorized by the superior court for the purpose of assisting in the determination of release from custody, bond and pretrial supervision.

D. On request by the appropriate jail authorities for the purpose of determining classification, treatment and security, the juvenile court shall release all information in its possession concerning persons who are under eighteen years of age, who have been transferred from juvenile court for criminal prosecution and who are being held in a county jail pending trial.

E. The court shall edit the records to protect the identity of the victim or the immediate family of the victim if the victim has died as a result of the alleged offense.

F. Except as otherwise provided by law, the records of an adoption, severance or dependency proceeding shall not be open to public inspection.

G. The court may order that the records be kept confidential and withheld from public inspection if the court determines that the subject matter of any record involves a clear public interest in confidentiality.

H. The disclosure of educational records received pursuant to section 15-141 shall comply with the Family Educational and Privacy Rights Act of 1974 (20 United States Code section 1232g).

RULES OF THE SUPREME COURT
XII. MISCELLANEOUS PROVISIONS

Ariz. Sup. Ct. R. 123

Rule 123. Public access to the judicial records of the state of Arizona

(a) Authority and scope of rule. Pursuant to the administrative powers vested in the supreme court by Article VI, Section 3, of the Arizona Constitution, and the couts inherent power to administer and supervise court operations, this rule is adopted to govern public access to the records of all courts and administrative offices of the judicial department of the State of Arizona.

(b) Definitions.

(1) Closed or confidential (records). "Closed" or "Confidential", when used in this rule in reference to records, means that members of the public may not inspect, obtain copies of, or otherwise have access to such records unless authorized by law.

(2) Commercial purpose. As used in this rule "Commercial Purpose" means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from such public records for the purpose of solicitation or the sale of such names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from direct or indirect use of such public records. "Commercial Purpose" does not mean the use of a public record as evidence or as research for evidence in an action in a judicial or quasi-judicial body of this state or a political subdivision of this state.

(3) Court. "Court" means the Supreme Court, the Court of Appeals, Superior Court, Justice Courts, Municipal Courts and all judges of those courts.

(4) Court Administrator or Clerk of the Court. "Court Administrator" or "Clerk of the Court" means a person employed, appointed or elected for the purpose of administering the operations of any court or court system.

(5) Criminal History Record Information (CHRI). "Criminal History Record Information" means only those records of arrests, convictions, sentences, dismissals and other dispositions of charges against individuals that have been provided to the court by the National Crime Information Center (NCIC), Arizona Crime Information Center (ACIC), or any other criminal justice agency for use in juvenile and adult criminal justice cases, employment, licensing or other authorized investigations.

(6) Custodian. "Custodian" is the person responsible for the safekeeping of any records held by any court, administrative office, clerk of courts office or that persons designee who also shall be responsible for processing public requests for access to records.

(7) Information. "Information" is any recognizable alpha/numerical data which constitute a record or any part thereof.

(8) Judge. "Judge" means any justice, judge, judicial officer, referee, commissioner, court-appointed arbitrator or other person exercising adjudicatory powers in the judicial branch.

(9) Law. "Law" means statute, rule, administrative order, court order or case law.

(10) Presiding judge. "Presiding judge" means the presiding judge of the Superior Court for each county, or the chief judge for each division of the court of appeals or the chief justice of the Supreme Court. For municipal and justice courts "Presiding Judge" means the presiding judge of the Superior Court.

(11) Public. "Public" means those persons who are not judges, clerks, administrators, professionals or other staff employed by or working under the supervision of the court, or employees of other public agencies who are authorized by state or federal rule or law to inspect and copy closed court records.

(12) Record. "Record" means all existing documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other materials, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of any official business by the court, and preserved or appropriate for preservation by the court as evidence of the organization, functions, policies, decision, procedures, operations or other governmental activities.

(A) Administrative record. "Administrative Record" means any record pertaining to the administration of the courts, court systems or any non-adjudicatory records.

(B) Case record. "Case record" means any record pertaining to a particular case or controversy.

(1) Open records policy. Historically, this state has always favored open government and an informed citizenry. In that tradition, the records in all courts and administrative offices of the Judicial Department of the State of Arizona are presumed to be open to any member of the public for inspection or to obtain copies at all times during regular office hours at the office having custody of the records. However, in view of the possible countervailing interests of confidentiality, privacy or the best interests of the state, public access to some court records may be restricted or expanded in accordance with the provisions of this rule, or other provisions of law.

(2) Creation, production and management of records.

(A) Court personnel, who generate or receive paper or electronic records known or marked as containing confidential information, shall identify and segregate the confidential information from the public record whenever practicable.

(B) The custodian shall utilize reasonable records management practices and procedures to assure that all closed records are properly identified as "confidential" and maintained segregated or apart from records open to the public. Whenever possible, records containing both public and confidential information shall be identified as "containing both public and confidential information."

(C) Upon request, the custodian shall reproduce any record containing public information that would otherwise be closed, by redacting all confidential information from the record unless release of the entire record is prohibited by law. Records that are reproduced after redaction shall contain a disclosure that they were redacted, unless such disclosure would defeat the purpose of the redaction. Identification of redacted records shall include a description of the nature and length of the matters contained therein, unless the description, if given, constitutes a disclosure of confidential information. Upon request, the custodian shall identify the legal authority for the redaction.

(3) Confidential and personal financial records. Documents containing social security, credit card, debit card, or financial account numbers or credit reports of an individual, when collected by the court for administrative purposes, are closed unless made public in a court proceeding or upon court order.

(4) New records. The court is not required to index, compile, re-compile, re-format, program or otherwise reorganize existing information to create new records not maintained in the ordinary course of business. Removing, deleting or redacting confidential information from a record, or reproducing a record in non-original format, is not deemed to be creating a new record as defined herein.

(d) Access to case records. All case records are open to the public except as may be closed by law, or as provided in this rule. Upon closing any record the court shall state the reason for the action, including a reference to any statute, case, rule or administrative order relied upon.

(1) Juvenile delinquency proceedings records.

(A) Records of all juvenile delinquency and incorrigibility proceedings are open to the public to the extent provided for in the Rules of Procedure for the Juvenile Court or by law.

(B) Records of all juvenile adoption, dependency, severance and other related proceedings are closed to the public as provided by law unless opened by court order.

(C) All information and records obtained in the course of evaluation, examination or treatment of juveniles who have been referred to a treatment program funded by the juvenile probation fund (pursuant to ARS 8-230.01, or renumbered as ARS 8-321, effective June 30, 1998) or the family counseling fund (ARS 8-261 seq. ) are confidential and shall not be released unless authorized by rule or court order. These records include, but are not limited to, clinical records, medical reports, laboratory statements and reports, or any report relating to diagnostic findings and treatment of juveniles, or any information by which the juvenile or his family may be identified, wherever such records are maintained by the court.

(2) Adult criminal records.

(A) Criminal History Records, diagnostic evaluations, psychiatric and psychological reports, medical reports, alcohol screening and treatment reports, social studies, probation supervision histories and any other records maintained as the work product of pretrial services staff, probation officers and other staff for use by the court are closed and shall be withheld from public inspection, including such records associated with the interstate compact pursuant to ARS 31-461. However, the bail determination report, any related pretrial service records, the presentence report, and any related probation office records are open to the public when: (i) ordered by the court, (ii) filed with the clerk of court or attached to any filed document and not segregated and identified as being closed or confidential, or (iii) considered or used for any purpose in open court proceedings unless restricted by law or sealed by the court.

(B) In adult criminal cases the pretrial services unit, probation department, limited jurisdiction court, or other primary user shall separate and identify as "confidential" all records defined herein as "criminal history record information," and those records identified in paragraph (d)(2)(A). Such records shall be closed and placed in an envelope marked "confidential", or otherwise stored as a confidential record, and shall only be disclosed as authorized by ARS 41-1750 et seq. or by court order.

(C) All other information in the adult criminal case files maintained by the clerk of the court is open to the public, unless prohibited by law or sealed by court order.

(3) Judicial work product and drafts. Notes, memoranda or drafts thereof prepared by a judge or other court personnel at the direction of a judge and used in the process of preparing a final decision or order are closed.

(4) Unofficial verbatim recordings of proceedings. Electronic verbatim recordings made by a courtroom clerk or at the direction of the clerk and used in preparing minute entries are closed.

(e) Access to administrative records. All administrative records are open to the public except as provided herein:

(1) Employee records. Records maintained concerning individuals who are employees or who perform volunteer services are closed except for the following information:

(A) Full name of individual;

(B) Date of employment;

(D) Name, location and phone number of court and/or office to which the individual has been assigned;

(E) Current and previous salaries and dates of each change;

(F) Name of current or last known supervisor; and

(G) Information authorized to be released by the individual to the public unless prohibited by law.

(2) Applicant records. Unless otherwise provided by law, records concerning applicants for employment or volunteer services are open to the public, after the names, home addresses, telephone numbers, social security numbers, and all other personally identifying information have been redacted, except that the names of applicants who are final candidates shall be disclosed.

(3) Judicial case assignments. Records regarding the identity of any appellate judge or justice assigned to prepare a written decision or opinion until the same is filed are closed.

(4) Security records. All security plans, codes and other records that provide for the security of information, individuals, or property in the possession or custody of the courts against theft, tampering, improper use, illegal releases, trespass, or physical abuse or violence, are closed.

(5) Procurement records. Procurement and bid records are open to the public except as provided herein:

(A) Sealed bids. Sealed bid records are closed to the public prior to opening the bids at the time specified in the bid request.

(B) Invitation for bid. Bid records submitted under Rule 18 of the Judicial Branch Procurement Code or equivalent rules shall remain closed to the public after opening until a contract is signed, except that the amount of each bid and the name of each bidder shall be recorded and available for public inspection.

(C) Competitive sealed proposals and requests for qualification. Records containing competitive sealed proposals and requests for qualification submissions under Rules 26 or 35 of the Judicial Branch Procurement Code or eqivalent rules, shall remain closed to the public after opening until a contract is signed, except that the name of each bidder shall be publicly read and recorded.

(D) Trade secrets. Bid records designated by the bidder as containing trade secrets or other proprietary data shall remain closed to the public only when the judicial branch unit concurs in the designation.

(6) Preliminary and draft reports concerning court operations; pre-decisional documents. Final administrative documents and reports concerning the operation of the court system are open for public inspection and copying by the custodian on court premises. Preliminary drafts of such reports, and pre-decisional documents relating to court operations, shall be open once such draft reports and such pre-decisional documents are circulated to any court policy advisory committee or the public for comment.

(7) Library records. Records maintained in any court law library which link a patrons name with materials requested or borrowed by the patron, or which link a patrons name with a specific subject about which the patron has requested information or materials are closed.

(8) Attorney and judicial work product.

(A) The legal work product and other records of any attorney or law clerk employed by or representing the judicial branch, that are produced in the regular course of business or representation of the judicial branch, are closed unless disclosed by the court.

(B) All notes, memoranda or drafts thereof prepared by a judge or other court personnel at the direction of a judge and used in the course of deliberations on rule or administrative matters are closed.

(9) Juror records. The home and work telephone numbers and addresses of jurors, and all other information obtained by special screening questionnaires or in voir dire proceedings that personally identifies jurors summoned for service, except the names of jurors on the master jury list, are confidential, unless disclosed in open court or otherwise opened by order of the court.

(10) Proprietary and licensed material. Computer programs or other records that are subject to proprietary rights or licensing agreements shall only be disclosed in accordance with the terms and conditions of the applicable agreements and licenses, or by court order. No records shall be closed to the public solely because access is provided by programs or applications subject to licensing agreements, or because they are subject to proprietary rights.

(11) Copyrighted documents and materials. Documents produced and copyrighted by the court are public records that may not be re-published without proper authorization from the court.

(f) Access to records in paper medium.

(1) Filing a request. A request to inspect or obtain copies of records that are open to the public shall be made orally or in a written format acceptable to the custodian. The request shall specify any commercial use intended for the records. All requests for copies must include sufficient information to reasonably identify what is being sought. The applicant shall not be required to have detailed knowledge of the courts filing system or procedures.

(2) Timely response. Upon receiving a request to inspect or obtain copies of records, the custodian shall promptly respond orally or in writing concerning the availability of the records, and provide the records in a reasonable time based upon the following factors:

(A) Immediate availability of the requested records;

(B) Specificity of the request and need for clarification;

(D) Whether the requested records are located at the court or in off site storage.

(3) Cost; non-commercial and commercial purposes.

(A) Applicants who request records for non-commercial purposes shall not be charged any fee for the cost of searching for a record or redacting confidential information from a record, except as provided by statute, nor shall they be required to disclose the intentded purpose or use of the records. If no fee is prescribed by statute, the custodian shall collect a per page fee based upon the reasonable cost of reproduction.

(B) An applicant requesting copies, printouts or photographs of records for a commercial purpose shall provide a verified or acknowledged statement to the custodian setting forth the commercial purpose and specific use intended for the records. If the custodian has reason to beleive an applicant has failed to adequately disclose the commercial purpose or use of the requested records, the custodian may require additional information regarding the intended use of the records. The custodian shall collect a fee for the cost of:

(i) obtaining the original or copies of the records and all redaction costs; and

(ii) the time, equipment and staff used in producing such reproduction. Notwithstanding the above provision, the Clerks of the Supreme Court and the Court of Appeals shall distribute copies of opinions to authorized publishers free of charge for publication pursuant to law and Ariz. Const Art. 6, 8.

(C) The custodian may make billing or payment arrangements with the applicant before satisfying the request, and is authorized to receive and hold deposits for estimated costs until costs are finally determined.

(4) Delay or denial; explanation.

(A) The custodian is required to comply with any request for records, except requests that are determined:

(i) to create an undue financial burden on court operations because of the amount of equipment, materials, staff time and other resources required to satisfy the request;

(ii) to substantially interfere with the constitutionally or statutorily mandated functions of the court or the office of the custodian;

(iii) to be filed for the purpose of harrassing or substantially interfering with the routine operations of the court; or

(iv) to be submitted within one month following the date of a prior request, that is substantially identical to one received from the source or applicant and previously denied, unless applicable rules, law or circumstances restricting access have changed.

(ii) If unsuccessful, the custodian shall meet with the judge having immediate, supervisory responsibility for the daily operations of the respective court, to determine if an alternative means of access to the records may be provided for the applicant. Thereafter, as soon as practicable, the judge shall inform the applicant if the denial is affirmed. Reviews of the foregoing denial and all other denials shall be conducted in accordance with the provisions of paragraph (f)(5) below.

Review of denials to access records. Any applicant who is denied the right to inspect, receive copies or access any record pursuant to the authority of this rule, shall be entitled to an administrative review of that decision by the presiding judge. The request for review must be filed in writing with the custodian who denied the request within 10 business days of a denial made under paragraph (f)(4) above. The custodian shall forward the request for review, a statement of the reason for denial and all relevant documentation to the presiding judge or a designee within 3 business days of the request for review. The presiding judge shall issue a decision as soon as practicable, considering the nature of the request and the needs of the applicant, but not more than 10 business days from the date the written request for review was received.

(B) Any party aggrieved by the decision of the presiding judge may seek review by filing a special action in the Court of Appeals pursuant to the Rules of Procedure for Special Actions.

(g) Access to audiotape, videotape, microfilm, computer or electronic based records.

(1) Scope. This section applies to all requests to access or obtain copies of any audiotape, videotape, microfilm, computer or electronic based records maintained by the court, except for requests initiated by judges, court administrators, or clerks of the court for use in the administration or internal business of the court.

(2) Authority; procedures.

(A) Except by court order, only the custodian or designee is authorized by this rule to provide access to or copies of computer or electronic based records.

(B) All the requirements set forth in paragraph (f), except subparagraph (3) thereof, are incorporated herein by reference and shall apply to requests for records submitted pursuant to this section.

(3) Cost to obtain copies.

(A) The custodian shall first meet with the applicant to understand the scope of the request so it can be defined as precisely as possible. The cost to obtain copies of information held electronically, which requires no programming or translation, shall be limited to the cost of materials. If a request requires programming or translation, the applicant shall bear the actual cost incurred by the court to comply with the request for copies of records. If no fee is prescribed by law, the custodian shall collect a fee covering the cost of producing the requested records, including staff time, computer time, programming costs, equipment, materials and supplies.

(B) Unless otherwise prescribed by law relating to the collection and deposit of fees by the custodian, the custodian may retain the fees collected pursuant to paragraph (g)(3)(A) to compensate for the expenses related to reproduction of electronic records.

(4) Databases, operating systems and network programs.

(A) Databases and electronic records containing case and administrative records are open to the public. However, databases and electronic records containing confidential information that may not be entirely redacted, may be closed in accordance with the provisions of paragraph (f)(4).

(B) Documentation and other records that describe the technical location, design, function, operation, or access control features of any court computer network, automated data processing or telecommunications systems, are closed to the public.

(C) Consistent with the courts obligation to provide public access to its records, and subject to resource limitations, the design and operation of all future automated record management systems shall incorporate processing features and procedures that maximize the availability of court records maintained in electronic medium. Automated systems development policy shall require the identification and segregation of confidential data elements from data base sections that are accessible to the public. Whenever feasible, any major enhancement or upgrade to existing systems shall include modifications that segregate confidential information from publicly accessed data bases.

(5) Remote electronic access to records and cost.

(A) Pursuant to the provisions of this paragraph, every presiding judge may authorize on-line, remote electronic access to both case and administrative records in their respective courts. Fees may be charged for the value-added and custom remote electronic access service as authorized by ARS 12-119.02, 12-120.31, 22-28101, 22-404.01, and 12-28402. The fees shall be based on the recovery of costs incurred in the provision of remote electronic access, including the cost of providing a general public access information system, but shall not exceed the applicable statutory limits. For the supreme court, court of appeals and superior court records, the fees shall be paid to the clerk of each respective court. For justice and municipal court records, the fees shall be paid to an appropriate official designated by the court. The presiding judge of the superior court will consult with the local funding authority before any municipal court fee is imposed.

(B) Prior to establishing value-added remote electronic access for which fees are charged, each court shall establish a remote electronic access information system that, subject to available funding, will be available to the general public without additional court fees. At a minimum, both the public remote electronic access system and the value-added remote electronic access shall permit access to information by case number, party name and counsel name, if maintained electronically. Both systems shall contain the same case data elements. Any difference between the two systems shall be limited to providing enhanced services in the value-added remote electronic access, such as guaranteed response times and service levels, search and reporting tools, help desk services, etc. Courts are encouraged to make data elements available to both systems at the same time. If a court chooses to make additional data elements available in the value-added remote electronic access system first, the same data elements must be available in the public remote electronic access system within six months.

(C) Additional policies and procedures for remote electronic access to court records shall be adopted when necessary by the supreme court through subsequent rules or separate administrative orders after considering applicable comments and recommendations, including those of the courts Commission on Technology and the Arizona Judicial Council.

(D) Any on-line electronic access shall be conditioned upon the users agreement to access the information only as instructed by the court, to not attempt any unauthorized access, and to consent to monitoring by the court of all use of the system. The court will also notify users that it will not be liable for inaccurate or untimely information, or for misinterpretation or misuse of the data. Such agreement and notices shall be provided to the users in any manner the court deems appropriate. The court may deny access to users for failure to comply with such requirements.

(E) For value-added or custom remote electronic access, each court will utilize a published standard fee schedule or written contracts with each subscriber. The fee schedule or contract shall set forth the services and service levels to be provided, the fee structure, manner of billing, payment requirements, and grounds for termination of the service. The state of Arizona, its county and municipal governments and agencies shall be exempt from such fees.

(F) The presiding judge of each court may establish limitations on remote electronic access based on the needs of the court, limitations on technology and equipment, staff resources and funding.

(G) All courts and clerks of court shall employ appropriate security measures, procedures, devices and software to protect assets and records and to prevent unauthorized access.

(H) Communication protocols shall be adopted that are consistent with standards adopted for the Arizona Judicial Information Network (AJIN) as reflected in Supreme Court Administrative Order 95-37. Free public remote electronic access shall, at a minimum, be available by means of standard telenet or an industry-standard hypertext mark-up language (HTML) browser. By December 31, 1999, a single non-proprietary, open systems communications protocol for value-added and custom remote electronic access shall be determined by the Commission on Technology. By January 30, 2004, all courts shall comply with and use the communication protocols and standards adopted for remote electronic access by the Commission on Technology.

(h) Inspection and photocopying.

(1) Access to original records. During regular business hours a person shall be allowed to inspect or obtain copies of original versions of records that are open to the public in the office where such records are normally kept. If access to original records would result in disclosure of information which is not permitted, redacted copies of the closed records may be produced. If access to the original records would jeopardize the integrity of the records, or is otherwise impracticable, a copy of the complete records in other appropriate formats may be produced for inspection. Unless expressly authorized by the custodian or court order, records shall not be removed from the office where they are normally kept.

(2) Access to certain evidence. Documents and physical objects admitted into evidence shall be available for public inspection under such condition as the responsible custodian may deem appropriate to protect the security of the evidence.

CONSTITUTION OF THE STATE OF ARIZONA
ARTICLE IV. LEGISLATIVE DEPARTMENT
PART 2. THE LEGISLATURE

A.R.S. Const. Art. IV, Pt. 2, § 22 (2008)

§ 22. Juvenile justice; certain chronic and violent juvenile offenders prosecuted as adults; community alternatives for certain juvenile offenders; public proceedings and records

Section 22. In order to preserve and protect the right of the people to justice and public safety, and to ensure fairness and accountability when juveniles engage in unlawful conduct, the legislature, or the people by initiative or referendum, shall have the authority to enact substantive and procedural laws regarding all proceedings and matters affecting such juveniles. The following rights, duties, and powers shall govern such proceedings and matters:

1. Juveniles 15 years of age or older accused of murder, forcible sexual assault, armed robbery or other violent felony offenses as defined by statute shall be prosecuted as adults. Juveniles 15 yers of age or older who are chronic felony offenders as defined by statute shall be prosecuted as adults. Upon conviction all such juveniles shall be subject to the same laws as adults, except as specifically provided by statute and by article 22, section 16 of this constitution. All other juveniles accused of unlawful conduct shall be prosecuted as provided by law. Every juvenile convicted of or found responsible for unlawful conduct shall make prompt restitution to any victims of such conduct for their injury or loss.

2. County attorneys shall have the authority to defer the prosecution of juveniles who are not accused of violent offenses and who are not chronic felony offenders as defined by statute and to establish community-based alternatives for reseolving matters involving such juveniles.

3. All proceedings and matters involving juveniles accused of unlawful conduct shall be open to the public and all records of those proceedings shall be public records. Exceptions shall be made only for the protection of the privacy of innocent victims of crime, or when a court of competent jurisdiction finds a clear public interest in confidentiality.

TITLE 8. CHILDREN
CHAPTER 2. JUVENILE COURT
ARTICLE 3. JUVENILE HEARINGS

§ 8-236. Cooperation

A. Every public official and department shall render all assistance and cooperation within the official's or department's jurisdictional power which may further the objects of this chapter. An institution or agency to which the juvenile court awards a juvenile shall give the court, an officer appointed by the court or the county attorney any information concerning the juvenile as the court, the officer or the county attorney may require.

B. The juvenile court or the county attorney may seek the cooperation of organizations whose object is to protect or aid children and family life. The juvenile court or the county attorney in each county may establish, or assist in the establishment of, any other public council or committee having as its object the prevention of juvenile delinquency, including community based alternative programs. The juvenile court or county attorney may cooperate with, or participate in, the work of any council or committee for the purpose of preventing or decreasing juvenile delinquency, including improving recreational, health and other conditions in the community affecting juvenile welfare.

TITLE 15. EDUCATION
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 4. EDUCATIONAL RECORDS

A.R.S. § 15-141 (2008)

§ 15-141. Educational records; injunction; special action

A. The right to inspect and review educational records and the release of or access to these records, other information or instructional materials is governed by federal law in the family educational and privacy rights act of 1974 (20 United States Code sections 1232g, 1232h and 1232i), and federal regulations issued pursuant to such act.

B. In addition to the enforcement procedures provided in the family educational and privacy rights act of 1974, the superior court may grant injunctive or special action relief if any educational agency or institution or an officer or employee of an agency or institution fails to comply with the act regardless of whether the agency or institution is the recipient of any federal funds subject to termination pursuant to the act or whether administrative remedies through any federal agency have been exhausted.

C. Notwithstanding any financial debt owed by the pupil, the governing board of a school district shall release to the department of juvenile corrections all educational records relating to a pupil who is awarded to the department of juvenile corrections within ten working days after the date the request is received.

D. A juvenile court may require a school district to provide the court with the educational records of a juvenile who is accused of committing a delinquent or incorrigible act before the juvenile is adjudicated. The educational records shall include the juvenile's cumulative file and discipline file and, if applicable, records that are compiled pursuant to the individuals with disabilities education act (P.L. 91-230; 84 Stat. 175; 20 United States Code section 1400) and the rehabilitation act of 1973 (P.L. 93-112; 87 Stat. 394; 29 United States Code section 794). The presiding judge of the juvenile court shall adopt procedures for the transmission of the educational records from the school district to the juvenile court. The disclosure of the educational records shall comply with the family educational and privacy rights act of 1974 (20 United States Code section 1232g) and shall ensure the ability of the juvenile court to effectively serve, before adjudication, the juvenile whose records are released. Nothing in this subsection shall be considered to prevent the juvenile court from adjudicating a juvenile prior to receiving educational records pursuant to this subsection.

E. A school district may release pupil attendance, disciplinary and other educational records to a law enforcement agency and county attorney pursuant to an intergovernmental agreement among the school district, law enforcement agency, county attorney and other state, local or tribal government agencies to create a local or tribal governmental juvenile justice network for the purpose of:

1. Providing appropriate programs and services to intervene with juveniles currently involved in the juvenile justice system.

2. Providing appropriate programs and services designed to deter at-risk juveniles from dropping out of school or other delinquent behavior.

3. Increasing the safety and security of the community and its children by reducing juvenile crime.

F. Educational records provided pursuant to an intergovernmental agreement entered into pursuant to subsection E shall be used solely for the purposes of the agreement and shall not be disclosed to any other party, except as provided by law.

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

A. If the governing board of a school district 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 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.

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 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 to release information that would violate the family educational and privacy rights act of 1974 (20 United States Code section 1232g).

TITLE 15. EDUCATION
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 5. SAFETY REQUIREMENTS

§ 15-154. Public school safety program proposal; requirements; purpose; definitions

A. A public school district may apply to participate in the school safety program as provided in this section for up to three fiscal years by submitting by April 15 a program proposal to the school safety program oversight committee. The program proposal shall contain:

1. A detailed description of the school safety needs of the public school or school district.

2. A plan for implementing a law related education program or a plan that demonstrates the existence of a law related education program as a school safety prevention strategy.

3. A plan to use trained school resource officers or juvenile probation officers in the schools, or both.

B. The state board of education shall administer the program in cooperation with the courts, law enforcement agencies and law related education providers. Representatives from the state board of education shall use relevant crime statistics and shall visit schools located in school districts that submit program proposals in order to verify the information contained in the program proposals.

C. The department of education, at the direction of the state board of education, shall distribute monies to the school districts that are in compliance with program requirements and whose plans have been approved by the school safety program oversight committee.

D. Any appropriations that are made to the department of education for the school safety program are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. All monies that are not used for an approved school safety plan during the fiscal year for which the monies were appropriated revert to the department of education for distribution to the program in the following fiscal year.

E. Monies received by a school district under the program shall be spent to implement the approved plans.

F. For the purposes of this section:

1. "Law related education" means interactive education to equip children and youth with knowledge and skills pertaining to the law, school safety and effective citizenship.

2. "Law related education program" means a program designed to provide children and youth with knowledge, skills and activities pertaining to the law and legal process and to promote law-abiding behavior with the purpose of preventing children and youth from engaging in delinquency or violence and enabling them to become productive citizens.

§ 15-155. School safety program; funding

A. The department of education shall cooperate with the county school superintendent, the county sheriff and the local chief of police to permit a law enforcement agency, with the consent of the school, to assign a peace officer or a full authority Arizona peace officer standards and training board certified reserve peace officer to participate in the safe schools program in each school in the county. The cost of the peace officer is a state charge that is funded by the department of education.

B. In cooperation with the department of education and the county school superintendent and with the consent of the school, the presiding judge of the juvenile court may assign juvenile probation officers to participate in the safe schools program in each school in the county. The cost of juvenile probation officers is a state charge that is funded by the department of education.

TITLE 15. EDUCATION
CHAPTER 8. SCHOOL ATTENDANCE
ARTICLE 2. ADMISSION REQUIREMENTS

A.R.S. § 15-828 (2008)

§ 15-828. Birth certificate; school records; exception

A. On enrollment of a pupil for the first time in a particular school district or private school offering instruction to pupils in any kindergarten programs or grades one through twelve, that school or school district shall notify the person enrolling the pupil in writing that within thirty days the person must provide one of the following:

1. A certified copy of the pupil's birth certificate.

2. Other reliable proof of the pupil's identity and age, including the pupil's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.

3. A letter from the authorized representative of an agency having custody of the pupil pursuant to title 8, chapter 2 certifying that the pupil has been placed in the custody of the agency as prescribed by law.

B. If a child is instructed at home pursuant to section 15-802, the person who has custody of the child shall, within thirty days after the home instruction begins, provide to the county school superintendent of the county in which the child resides one of the following:

1. A certified copy of the child's birth certificate.

2. Other reliable proof of the child's identity and age, including the child's baptismal certificate, an application for a social security number or original school registration records and an affidavit explaining the inability to provide a copy of the birth certificate.

C. On presentation of a document pursuant to this section, a photocopy of the document shall be placed in the pupil's file and the document that is presented shall be returned.

D. On the failure of a person enrolling a pupil or instructing a child at home to comply with subsection A or B of this section, the school, school district or county school superintendent shall notify that person in writing that, unless the person complies within ten days, the case shall be referred to the local law enforcement agency for investigation. If compliance is not obtained within the ten day period, the school, school district or county school superintendent shall refer the case to the local law enforcement agency.

E. The school, school district or county school superintendent shall immediately report to the local law enforcement agency any affidavit received pursuant to this section which appears inaccurate or suspicious in form or content.

F. Within five school days after enrolling a transfer pupil from a private school or another school district, a school shall request directly from the pupil's previous school a certified copy of the pupil's record. The requesting school shall exercise due diligence in obtaining the copy of the record requested. Notwithstanding any financial debt owed by the pupil, any school requested to forward a copy of a transferring pupil's record to the new school shall comply and forward the record within ten school days after receipt of the request unless the record has been flagged pursuant to section 15-829. If the record has been flagged, the requested school shall not forward the copy and shall notify the local law enforcement agency of the request. School districts shall include in the educational records required by this subsection data collected pursuant to sections 15-741 and 15-766, as prescribed by the state board of education.

G. Any disclosure of educational records by the school district or charter school shall comply with the family educational rights and privacy act of 1974 (20 United States Code section 1232g).

H. The provisions of this section do not apply to homeless pupils as defined in section 15-824, subsection C.

§ 15-829. Missing child; notification of school; flagging records; definitions

A. When a child is reported missing by a parent or guardian, the law enforcement agency receiving the report shall notify as soon as is appropriate the school the child was attending, if any, or the county school superintendent if the child was being instructed at home. The notification shall include all of the following:

1. The missing child's name.

2. The missing child's date of birth.

3. The missing child's county and state of birth.

4. The missing child's social security number, if any.

5. The physical description of the missing child.

B. When a school is notified pursuant to subsection A that a child is missing, the school shall flag the records of the child. If a copy of or information regarding the records is requested the school shall immediately report the request concerning the flagged records to a local law enforcement agency.

C. The law enforcement agency receiving the report shall notify the school or county school superintendent if the missing child is recovered and the school or county school superintendent shall remove the flag on the records.

D. For purposes of this section:

1. "Flag" means to mark or identify as pertaining to a missing child, or an indication identifying an item as pertaining to a missing child.

2. "Missing child" means a person who is under the age of eighteen years, whose temporary or permanent residence is in this state or is believed to be in this state, whose location has not been determined and who has been reported as missing to a law enforcement agency.

Return to State Laws