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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
DCS caseworkers; schools; required disclosures
Purpose
Requires a school, on request by a Department of Child Safety (DCS) caseworker, to identify any person who has withdrawn a pupil from the school and any school that has requested a pupil's education records, and to provide the DCS caseworker any other requested information or records relating to a pupil who was enrolled at the school. Prohibits a public or private school from prohibiting any school employee, contractor or volunteer from speaking to a DCS caseworker who is investigating an allegation of abuse or neglect.
Background
DCS was
established with the primary purpose of protecting children. Required DCS duties necessary to achieve that purpose
include: 1) investigating reports of abuse and neglect;
2) assessing, promoting and supporting the safety of a child in a safe and
stable family; 3) working cooperatively with law enforcement regarding reports
that include criminal conduct allegations; and 4) without compromising child
safety, coordinating services to achieve and maintain permanency on behalf of
the child, strengthen the family and provide child-safety prevention,
intervention and treatment services (A.R.S. § 8-451).
The federal Family Educational Rights and Privacy Act and associated federal regulations outline requirements and procedures relating to the right to inspect and review educational records and the release of, or access to, these records, instructional materials or other information. An educational agency may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible pupil, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the pupil or other individuals. An educational agency may take into account the totality of the circumstances pertaining to a threat to the health or safety of a pupil or other individuals and, if the educational agency determines that there is an articulable and significant threat, may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the pupil or other individuals (20 U.S.C. § 1232(g); 34 C.F.R. § 99.36).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a school, on request by a DCS caseworker, to:
a) identify any person who has withdrawn a pupil from school, according to the pupil's educational records, and any school that has requested a pupil's education records; and
b) provide the DCS caseworker any other requested information or records relating to a pupil who is, or was, enrolled at the school.
2. Prohibits a public or private school from prohibiting any school employee, contractor or volunteer from speaking to a DCS caseworker who is investigating an allegation of abuse or neglect.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2026
MH/SM/hk