Report Title:
Auditor's Confidentiality of Records
Description:
Designates the auditor as authorized representative of the DOE and DOH for purposes of accessing student records. (SD2)
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THE SENATE |
S.B. NO. |
2038 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the auditor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 23, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§23- Access to confidential records. (a) In addition to all other powers and authority granted to the office of the auditor under the laws of the State, during the course of performing the official duties of the office of the auditor, as described in this chapter, the office of the auditor is designated:
(1) An authorized representative of the department of education and other state educational authorities pursuant to title 20 United State Code section 1232g(b)(1)(C)(i)(III) and shall have access to student education records as necessary in connection with the audit and evaluation of federally supported education programs, or in connection with the enforcement of the federal legal requirements which relate to such programs; and
(2) A health oversight agency under federal and state law to conduct oversight activities over the department of health, including audits to evaluate the effectiveness and efficiency of the department of health in providing services that support and relate to an educational program.
(b) Unless otherwise authorized by federal or state law, any data collected by the office of the auditor pursuant to this section shall be protected in a manner that will not permit the personal identification of students and their parents by anyone other than the auditor, the auditor's staff, or agents of the office of the auditor, and personally identifiable data shall be destroyed when no longer needed for audit, evaluation, or enforcement of federal or state legal requirements."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.