Florida Senate - 2009                             CS for SB 2426
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Detert
       
       
       
       
       581-03496-09                                          20092426c1
    1                        A bill to be entitled                      
    2         An act relating to student records; amending s.
    3         1002.21, F.S.; deleting provisions relating to the
    4         rights parents have regarding their children’s
    5         postsecondary student records to conform to changes
    6         made by the act; amending s. 1002.22, F.S.; deleting
    7         certain provisions governing the release of K-12
    8         student records and reports to specified parties;
    9         deleting definitions; defining the terms “agency” and
   10         “institution”; requiring that the State Board of
   11         Education comply with federal law with respect to the
   12         release of education records; requiring that the State
   13         Board of Education adopt rules; creating s. 1002.225,
   14         F.S.; defining the term “education records” for
   15         purposes of records of students in public
   16         postsecondary educational institutions; requiring that
   17         a public postsecondary educational institution comply
   18         with federal law; authorizing such institution to
   19         charge a fee for furnishing copies of education
   20         records; prohibiting an institution from charging a
   21         fee that exceeds the actual cost incurred by the
   22         institution for producing such copies; prohibiting the
   23         institution from including the costs of searching for
   24         or retrieving the records in the fee; providing an
   25         aggrieved student with the right to bring an action in
   26         court; providing for the award of attorney’s fees and
   27         court costs; amending s. 1009.94, F.S.; conforming a
   28         cross-reference; providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 1002.21, Florida Statutes, is amended to
   33  read:
   34         1002.21 Postsecondary student and parent rights.—
   35         (1)STUDENT RECORDS.—Parents have rights regarding the
   36  student records of their children, and students 18 years of age
   37  and older have rights regarding their student records, including
   38  right of access, right of waiver of access, right to challenge
   39  and hearing, and right of privacy, in accordance with the
   40  provisions of ss. 1002.22, 1005.36, and 1006.52.
   41         (1)(2) LEARNING DISABLED STUDENTS.—Impaired and learning
   42  disabled students may be eligible for reasonable substitution
   43  for admission, graduation, and upper-level division requirements
   44  of public postsecondary educational institutions, in accordance
   45  with the provisions of ss. 1007.264 and 1007.265.
   46         (2)(3) EXPULSION, SUSPENSION, DISCIPLINE.—Public
   47  postsecondary education students may be expelled, suspended, or
   48  otherwise disciplined by the president of a public postsecondary
   49  educational institution after notice to the student of the
   50  charges and a hearing on the charges, in accordance with the
   51  provisions of s. 1006.62.
   52         (3)(4) RELIGIOUS BELIEFS.—Public postsecondary educational
   53  institutions must provide reasonable accommodations for the
   54  religious practices and beliefs of individual students in regard
   55  to admissions, class attendance, and the scheduling of
   56  examinations and work assignments, in accordance with the
   57  provisions of s. 1006.53, and must provide and describe in the
   58  student handbook a grievance procedure for students to seek
   59  redress when they feel they have been unreasonably denied an
   60  educational benefit due to their religious beliefs or practices.
   61         (4)(5) STUDENT HANDBOOKS.—Each state university and
   62  community college shall provide its students with an up-to-date
   63  student handbook that includes student rights and
   64  responsibilities, appeals processes available to students,
   65  contact persons available to help students, student conduct
   66  code, and information regarding HIV and AIDS, in accordance with
   67  the provisions of s. 1006.50.
   68         (5)(6) STUDENT OMBUDSMAN OFFICE.—Each state university and
   69  community college shall maintain a student ombudsman office and
   70  established procedures for students to appeal to the office
   71  regarding decisions about the student’s access to courses and
   72  credit granted toward the student’s degree, in accordance with
   73  the provisions of s. 1006.51.
   74         Section 2. Section 1002.22, Florida Statutes, is amended to
   75  read:
   76         (Substantial rewording of section. See
   77         s. 1002.22, F.S., for present text.)
   78         1002.22 Education Student records and reports of K-12
   79  students; rights of parents and students; notification;
   80  penalty.—
   81         (1)DEFINITIONS.—As used in this section, the term:
   82         (a)“Agency” means any board, agency, or other entity that
   83  provides administrative control or direction of or performs
   84  services for public elementary or secondary schools, centers, or
   85  other institutions as defined in this chapter.
   86         (b)“Institution” means any public school, center,
   87  institution, or other entity that is part of Florida’s education
   88  system under s. 1000.04(1), (3), and (4).
   89         (2)RIGHTS OF STUDENTS AND PARENTS.—The rights of students
   90  and their parents with respect to education records created,
   91  maintained, or used by public educational institutions and
   92  agencies shall be protected in accordance with the Family
   93  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
   94  the implementing regulations issued pursuant thereto, and this
   95  section. In order to maintain the eligibility of public
   96  educational institutions and agencies to receive federal funds
   97  and participate in federal programs, the State Board of
   98  Education shall comply with the FERPA after the board has
   99  evaluated and determined that the FERPA is consistent with the
  100  following principles:
  101         (a)Students and their parents shall have the right to
  102  access their education records, including the right to inspect
  103  and review those records;
  104         (b)Students and their parents shall have the right to
  105  waive their access to their education records in certain
  106  circumstances;
  107         (c)Students and their parents shall have the right to
  108  challenge the content of education records in order to ensure
  109  that the records are not inaccurate, misleading, or otherwise a
  110  violation of privacy or other rights;
  111         (d)Students and their parents shall have the right of
  112  privacy with respect to such records and reports; and
  113         (e)Students and their parents shall receive notice of
  114  their rights with respect to education records.
  115         (3)DUTIES AND RESPONSIBILITIES.—The State Board of
  116  Education shall:
  117         (a)Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  118  administer this section;
  119         (b)Monitor the FERPA and notify the Legislature of any
  120  significant change to the requirements of the FERPA or other
  121  major changes in federal law which may impact this section; and
  122         (c)Advise the Legislature of any change in the FERPA which
  123  may create a need for an exemption to the requirements of s.
  124  24(a), Art. I of the State Constitution.
  125         (4) PENALTY.—If any official or employee of an institution
  126  refuses to comply with this section, the aggrieved parent or
  127  student has an immediate right to bring an action in circuit
  128  court to enforce his or her rights by injunction. Any aggrieved
  129  parent or student who brings such action and whose rights are
  130  vindicated may be awarded attorney’s fees and court costs.
  131         (5) APPLICABILITY TO RECORDS OF DEFUNCT INSTITUTIONS.—This
  132  section applies to student records that any nonpublic
  133  educational institution that is no longer operating has
  134  deposited with the district school superintendent in the county
  135  where the nonpublic educational institution was located.
  136         Section 3. Section 1002.225, Florida Statutes, is created
  137  to read:
  138         1002.225Education records of students in public
  139  postsecondary educational institutions; penalty.—
  140         (1)As used in this section, the term “education records”
  141  means education records as defined in the Family Educational
  142  Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the
  143  federal regulations issued pursuant thereto.
  144         (2)All public postsecondary educational institutions shall
  145  comply with the FERPA with respect to the education records of
  146  students. A public postsecondary educational institution may
  147  charge fees for furnishing copies of education records that are
  148  requested under this section. Such fees may not exceed the
  149  actual cost incurred by the institution for producing such
  150  copies and may not include the costs of searching for or
  151  retrieving the education records.
  152         (3)If any public postsecondary educational institution
  153  refuses to comply with this section, the aggrieved student has
  154  an immediate right to bring an action in circuit court to
  155  enforce his or her rights by injunction. Any aggrieved student
  156  who brings such action and whose rights are vindicated may be
  157  awarded attorney’s fees and court costs.
  158         Section 4. Subsection (3) of section 1009.94, Florida
  159  Statutes, is amended to read:
  160         1009.94 Student financial assistance database.—
  161         (3) The database must include records on any student
  162  receiving any form of financial assistance as described in
  163  subsection (2). Institutions participating in any state
  164  financial assistance program shall annually submit such
  165  information to the Department of Education in a format
  166  prescribed by the department and consistent with the provisions
  167  of s. 1002.225 s. 1002.22.
  168         Section 5. This act shall take effect July 1, 2009.