House Bill 0633c1

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    Florida House of Representatives - 2000              CS/HB 633

        By the Committee on Education Innovation and
    Representatives Alexander and Melvin





  1                      A bill to be entitled

  2         An act relating to student records; amending s.

  3         228.093, F.S.; revising terminology; revising

  4         definitions; revising exceptions; expanding the

  5         right to a hearing; providing a penalty for

  6         third-party violation; clarifying and revising

  7         lawful release of records and directory

  8         information in certain circumstances; expanding

  9         notification requirements; authorizing the

10         release of personally identifiable student

11         records to the Department of Highway Safety and

12         Motor Vehicles for purposes of the compulsory

13         attendance driver's license eligibility

14         requirements, and to the Department of Children

15         and Family Services for purposes of the

16         Learnfare program compulsory attendance

17         requirements; amending s. 232.23, F.S.,

18         relating to maintenance and transfer of student

19         records, and s. 411.223, F.S., relating to

20         preventive health care services, to conform;

21         reenacting ss. 229.57(6), 240.237, 240.323,

22         240.40401, 242.3315, and 381.0056(5)(p), F.S.,

23         relating to student assessment, university

24         student records, community college student

25         records, student financial assistance, student

26         and employee personnel records, and school

27         health services, to incorporate the amendment

28         of s. 228.093, F.S.; providing an effective

29         date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Section 228.093, Florida Statutes, is

  2  amended to read:

  3         228.093  Pupil and Student records and reports; rights

  4  of parents, guardians, pupils, and eligible students;

  5  notification; penalty.--

  6         (1)  PURPOSE.--The purpose of this section is to

  7  protect the rights of pupils and students and their parents or

  8  guardians with respect to pupil and student records and

  9  reports as created, maintained, or and used by public

10  educational institutions in the state. The intent of the

11  Legislature is that pupils and students and their parents and

12  eligible students or guardians shall have rights of access,

13  rights of challenge, rights of hearing, and rights of privacy

14  with respect to such records and reports, and that rules shall

15  be available for the exercise of these rights.

16         (2)  DEFINITIONS.--As used in this section:

17         (a)  "Chief executive officer" means that person,

18  whether elected or appointed, who is responsible for the

19  management and administration of any public educational body

20  or unit, or the chief executive officer's designee for pupil

21  or student records; that is, the superintendent of a district

22  school system, the director of an the area technical center,

23  the president of a community college, or the president of an

24  institution in the State University System, or their

25  designees.

26         (b)  "Child" means any person who has not reached the

27  age of majority.

28         (b)(c)  "Directory information" means information

29  contained in an educational record of a student which would

30  not generally be considered harmful or an invasion of privacy

31  if disclosed, including includes the pupil's or student's

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  1  name, address, telephone number if it is a listed number, date

  2  and place of birth, major field of study, participation in

  3  officially recognized activities and sports, weight and height

  4  of members of athletic teams, dates of attendance, degrees and

  5  awards received, and the most recent previous educational

  6  agency or institution attended by the pupil or student.

  7         (c)  "Disciplinary action or proceeding" means the

  8  investigation, adjudication, or imposition of sanctions by the

  9  institution with respect to an infraction or violation of the

10  internal rules of conduct applicable to students of the

11  institution.

12         (d)  "Disclosure" means to permit access to, or the

13  release, transfer, or other communication of, personally

14  identifiable information contained in education records to any

15  party, by any means, including oral, written, or electronic

16  means.

17         (e)  "Eligible student" means a student who has reached

18  18 years of age or who is attending an institution of

19  postsecondary education.

20         (f)  "Parent" means a parent of the student and

21  includes a natural parent, a guardian, or an individual acting

22  as a parent in the absence of a parent or a guardian.

23         (g)  "Personally identifiable information" includes,

24  but is not limited to: the student's name; the name of the

25  student's parent or other family member; the address of the

26  student or student's family; a personal identifier, such as

27  the student's social security number; a list of personal

28  characteristics that would make the student's identity easily

29  traceable; or other information that would make the student's

30  identity easily traceable.

31

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  1         (d)  "Pupil" means any child who is enrolled in any

  2  instructional program or activity conducted under the

  3  authority and direction of a district school board.

  4         (h)(e)  "Records" and "reports" mean any and all

  5  official records, files, and data directly related to a

  6  student pupils and students which are created, maintained, or

  7  and used by a public educational institution institutions, or

  8  by a party acting for the institution, including all material

  9  that is incorporated into each pupil's or student's cumulative

10  record folder and intended for school use or to be available

11  to parties outside the school or school system for legitimate

12  educational or research purposes.  Materials which shall be

13  considered as part of a pupil's or student's record include,

14  but are not necessarily limited to:  identifying data,

15  including a student's social security number; academic work

16  completed; level of achievement records, including grades and

17  standardized achievement test scores; attendance data; scores

18  on standardized intelligence, aptitude, and psychological

19  tests; interest inventory results; health information data;

20  family background information; teacher or counselor ratings

21  and observations; verified reports of serious or recurrent

22  behavior patterns; and any other evidence, knowledge, or

23  information recorded in any medium, including, but not limited

24  to, handwriting, typewriting, print, magnetic tapes, film,

25  microfilm, and microfiche, and maintained or and used by an

26  educational agency or institution or by a person acting for

27  such agency or institution. However, the terms "records" and

28  "reports" do not include:

29         1.  Records of instructional, supervisory, and

30  administrative personnel, and educational personnel ancillary

31  to those persons, that are kept in the sole possession of the

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  1  maker of the record thereto, which records are in the sole

  2  possession of the maker thereof and are not accessible or

  3  revealed to any other person except a substitute for any of

  4  such persons.  An example of records of this type is

  5  instructor's grade books.

  6         2.  Records of law enforcement units of the institution

  7  which are created by a law enforcement unit for a law

  8  enforcement purpose, and maintained by the law enforcement

  9  unit maintained solely for law enforcement purposes and which

10  are not available to persons other than officials of the

11  institution or law enforcement officials of the same

12  jurisdiction in the exercise of that jurisdiction.

13         3.  Records made and maintained by the institution in

14  the normal course of business which relate exclusively to an

15  individual a pupil or student in his or her capacity as an

16  employee and which are not available for use for any other

17  purpose. Records relating to an individual in attendance at

18  the institution who is employed as a result of his or her

19  status as a student are education records, and are included as

20  records and reports.

21         4.  Records created or maintained by a physician,

22  psychiatrist, psychologist, or other recognized professional

23  or paraprofessional acting in his or her professional or

24  paraprofessional capacity, or assisting in that capacity,

25  which are created, maintained, or used only in connection with

26  the provision of treatment to the pupil or student and which

27  are not available to anyone other than persons providing such

28  treatment. For the purpose of this definition, "treatment"

29  does not include remedial educational activities or activities

30  that are part of the program of instruction at the

31  institution. However, Such records shall be open to a

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  1  physician or other appropriate professional of the parent's

  2  pupil's or eligible student's choice.

  3         5.  Directory information as defined in this section.

  4         6.  Records that only contain information about an

  5  individual after he or she is no longer a student at that

  6  institution.

  7         7.6.  Other information, files, or data which do not

  8  permit the personal identification of a pupil or student.

  9         8.7.  Letters or statements of recommendation or

10  evaluation which were confidential under Florida law and which

11  were received and made a part of the pupil's or student's

12  educational records prior to July 1, 1977.

13         9.8.  Copies of the pupil's or student's fingerprints.

14  No public educational institution shall maintain any report or

15  record relative to a pupil or student which includes a copy of

16  the pupil's or student's fingerprints, except as otherwise

17  provided by law.

18         (i)(f)  "Student" means any child or adult who is

19  enrolled or who has been enrolled in any instructional program

20  or activity conducted under the authority and direction of an

21  institution comprising a part of the state system of public

22  education and with respect to whom an educational institution

23  maintains educational records and reports or personally

24  identifiable information, but does not include a person who

25  has not been in attendance as an enrollee at such institution.

26         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR ELIGIBLE

27  STUDENT.--The parent or guardian of any pupil or student who

28  attends or has attended any public school, area

29  vocational-technical training center, community college, or

30  institution of higher education in the State University System

31  shall have the following rights with respect to any records or

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  1  reports created, maintained, or and used by any public

  2  educational institution in the state.  However, whenever a

  3  pupil or student has attained 18 years of age, or is attending

  4  an institution of postsecondary education, the permission or

  5  consent required of, and the rights accorded to, the parents

  6  of the pupil or student shall thereafter be required of and

  7  accorded to the eligible pupil or student only, unless the

  8  pupil or student is a dependent pupil or student of such

  9  parents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal

10  Revenue Code of 1954). The State Board of Education shall

11  formulate, adopt, and promulgate rules whereby parents,

12  guardians, pupils, or eligible students may exercise these

13  rights:

14         (a)  Right of access.--

15         1.  The Such parent, guardian, pupil, or eligible

16  student has shall have the right, upon request directed to the

17  appropriate school official, to be provided with a list of the

18  types of records and reports, directly related to pupils or

19  students, as maintained by the institution which the pupil or

20  student attends or has attended.

21         2.  The Such parent, guardian, pupil, or eligible

22  student has shall have the right, upon request, to inspect and

23  review be shown any record or report relating to the such

24  pupil or student maintained by any public educational

25  institution.  When the record or report includes information

26  on more than one pupil or student, the parent, guardian,

27  pupil, or eligible student is shall be entitled to receive, or

28  be informed of, only that part of the record or report which

29  pertains to the pupil or student who is the subject of the

30  request.  Upon a reasonable request therefor, the institution

31  shall furnish the such parent, guardian, pupil, or eligible

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  1  student with an explanation or interpretation of any such

  2  record or report.

  3         3.  Copies of any list, record, or report requested

  4  under the provisions of this paragraph shall be furnished to

  5  the parent, guardian, pupil, or eligible student upon request.

  6         4.  The State Board of Education shall establish rules

  7  to be followed by all public educational institutions in

  8  granting requests for lists, or for access to reports and

  9  records or for copies or explanations thereof under this

10  paragraph. However, access to any report or record requested

11  under the provisions of subparagraph 2. shall be granted

12  within 30 days after receipt of such request by the

13  institution.  Fees may be charged for furnishing any copies of

14  reports or records requested under subparagraph 3., but such

15  fees shall not exceed the actual cost to the institution of

16  producing the such copies.

17         (b)  Right of waiver of access to confidential letters

18  or statements.--The Such parent, guardian, pupil, or eligible

19  student has shall have the right to waive the right of access

20  to letters or statements of recommendation or evaluation,

21  except that such waiver shall apply to recommendations or

22  evaluations only if:

23         1.  The parent, guardian, pupil, or eligible student

24  is, upon request, notified of the names of all persons

25  submitting confidential letters or statements; and

26         2.  Such recommendations or evaluations are used solely

27  for the purpose for which they were specifically intended.

28

29  Such waivers may not be required as a condition for admission

30  to, receipt of financial aid from, or receipt of any other

31

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  1  services or benefits from, any public agency or public

  2  educational institution in this state.

  3         (c)  Right to challenge and hearing.--If a parent or

  4  eligible student believes that the education records relating

  5  to the student contain information that is inaccurate,

  6  misleading, or in violation of the student's rights of

  7  privacy, the parent or eligible student may ask the

  8  institution to amend the record.  The institution shall decide

  9  whether to amend the record as requested within a reasonable

10  time after the institution receives the request.  If the

11  institution decides not to amend the record as requested, it

12  shall inform the parent or eligible student of its decision

13  and of his or her right to a hearing under paragraph (d) and

14  rules adopted by the State Board of Education. Such parent,

15  guardian, pupil, or student shall have the right to challenge

16  the content of any record or report to which such person is

17  granted access under paragraph (a), in order to ensure that

18  the record or report is not inaccurate, misleading, or

19  otherwise in violation of the privacy or other rights of the

20  pupil or student and to provide an opportunity for the

21  correction, deletion, or expunction of any inaccurate,

22  misleading, or otherwise inappropriate data or material

23  contained therein.  Any challenge arising under the provisions

24  of this paragraph may be settled through informal meetings or

25  discussions between the parent, guardian, pupil, or student

26  and appropriate officials of the educational institution. If

27  the parties at such a meeting agree to make corrections, to

28  make deletions, to expunge material, or to add a statement of

29  explanation or rebuttal to the file, such agreement shall be

30  reduced to writing and signed by the parties; and the

31  appropriate school officials shall take the necessary actions

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  1  to implement the agreement.  If the parties cannot reach an

  2  agreement, upon the request of either party, a hearing shall

  3  be held on such challenge under rules promulgated by the State

  4  Board of Education. Upon the request of the parent, guardian,

  5  pupil, or student, the hearing shall be exempt from the

  6  requirements of s. 286.011.  Such rules shall include at least

  7  the following provisions:

  8         1.  The hearing shall be conducted within a reasonable

  9  period of time following the request for the hearing.

10         2.  The hearing shall be conducted, and the decision

11  rendered, by an official of the educational institution or

12  other party who does not have a direct interest in the outcome

13  of the hearing.

14         3.  The parent, guardian, pupil, or student shall be

15  afforded a full and fair opportunity to present evidence

16  relevant to the issues raised under this paragraph.

17         4.  The decision shall be rendered in writing within a

18  reasonable period of time after the conclusion of the hearing.

19         5.  The appropriate school officials shall take the

20  necessary actions to implement the decision.

21         (d)  Right to hearing.--

22         1.  An educational institution shall give a parent or

23  eligible student, upon request, an opportunity for a hearing

24  to challenge the content of the student's education records on

25  the grounds that the information contained in the education

26  records is inaccurate, misleading, or in violation of the

27  privacy rights of the student.  Upon request of the parent or

28  eligible student, the hearing shall be exempt from the

29  requirements of s. 286.011.

30         2.  If, as a result of the hearing, the institution

31  decides that the information is inaccurate, misleading, or

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  1  otherwise in violation of the privacy rights of the student,

  2  it shall amend the record accordingly and inform the parent or

  3  eligible student in writing.

  4         3.  If, as a result of the hearing, the institution

  5  decides that the information in the education record is not

  6  inaccurate, misleading, or otherwise in violation of the

  7  privacy rights of the student, it shall inform the parent or

  8  eligible student of the right to place a statement in the

  9  record commenting on the contested information in the record

10  or stating why he or she disagrees with the decision of the

11  institution, or both.

12         4.  If an institution places a statement in the

13  education records of a student under subparagraph 3., the

14  institution shall maintain the statement with the contested

15  part of the record for as long as the record is maintained,

16  and disclose the statement whenever it discloses the portion

17  of the record to which the statement relates.

18         (e)  Requirements for a hearing.--A hearing under

19  paragraph (d) must meet the following requirements:

20         1.  The institution shall hold the hearing within a

21  reasonable time after it has received the request for the

22  hearing from the parent or eligible student.

23         2.  The institution shall give the parent or eligible

24  student notice of the date, time, and place, reasonably in

25  advance of the hearing.

26         3.  The hearing may be conducted by any individual,

27  including an official of the institution, who does not have a

28  direct interest in the outcome of the hearing.

29         4.  The institution shall give the parent or eligible

30  student a full and fair opportunity to present evidence

31  relevant to the issues raised.  The parent or eligible student

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  1  may, at his or her own expense, be assisted or represented by

  2  one or more individuals of his or her choice, including an

  3  attorney.

  4         5.  The institution shall make its decision in writing

  5  within a reasonable period of time after the hearing.

  6         6.  The decision must be based solely on the evidence

  7  presented at the hearing and must include a summary of the

  8  evidence and the reasons for the decision.

  9         7.  The appropriate school officials shall take the

10  necessary actions to implement the decision.

11         (f)(d)  Right of privacy.--Every pupil or student has

12  shall have a right of privacy with respect to the educational

13  records of the student kept on him or her. Personally

14  identifiable records or reports of a pupil or student, and any

15  personal information contained therein, are confidential and

16  exempt from the provisions of s. 119.07(1).  No state or local

17  educational agency, board, public school, area technical

18  center, community college, or institution of higher education

19  in the State University System shall permit the release of

20  such records, reports, or information without the written

21  consent of the pupil's or student's parent or guardian, or of

22  the eligible pupil or student himself or herself if he or she

23  is qualified as provided in this subsection, to any

24  individual, agency, or organization.  However, personally

25  identifiable records or reports of a pupil or student may be

26  released to the following persons or organizations without the

27  consent of the pupil or the pupil's parent or eligible

28  student:

29         1.  Officials of schools, school systems, area

30  technical centers, community colleges, or institutions of

31  higher learning in which the pupil or student seeks or intends

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  1  to enroll; and a copy of such records or reports shall be

  2  furnished to the parent, guardian, pupil, or eligible student

  3  upon request.

  4         2.  Other school officials, including teachers within

  5  the educational institution or agency, who have legitimate

  6  educational interests in the information contained in the

  7  records.

  8         3.  The United States Secretary of Education, the

  9  Director of the National Institute of Education, the Assistant

10  Secretary for Education, the Comptroller General of the United

11  States, or state or local educational authorities who are

12  authorized to receive such information subject to the

13  conditions set forth in applicable federal statutes and

14  regulations of the United States Department of Education, or

15  in applicable state statutes and rules of the State Board of

16  Education.

17         4.  Relevant Other school officials, in connection with

18  a pupil's or student's application for or receipt of financial

19  aid for which the student has applied or which the student has

20  received, if the information is necessary to determine

21  eligibility for the aid, the amount of the aid, or the

22  conditions for the aid, or to enforce the terms and conditions

23  of the aid. For purposes of this subparagraph, "financial aid"

24  means a payment of funds provided to an individual or a

25  payment in kind of tangible or intangible property to the

26  individual that is conditioned on the individual's attendance

27  at an institution.

28         5.  Individuals or organizations, including, but not

29  limited to, federal, state, and local agencies, and

30  independent organizations, conducting studies for or on behalf

31  of an institution or a board of education for the purpose of

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  1  developing, validating, or administering predictive tests,

  2  administering pupil or student aid programs, or improving

  3  instruction, if such studies are conducted in such a manner as

  4  will not permit the personal identification of pupils or

  5  students and their parents by persons other than

  6  representatives of such organizations and if such information

  7  will be destroyed when no longer needed for the purpose of

  8  conducting such studies. If the United States Department of

  9  Education Family Policy Compliance Office determines that a

10  third party that is outside the institution to whom

11  information is disclosed under this subparagraph violates this

12  subparagraph, the institution may not allow that third party

13  access to personally identifiable information from education

14  records for at least 5 years.

15         6.  Accrediting organizations, in order to carry out

16  their accrediting functions.

17         7.  For use as evidence in pupil or student expulsion

18  hearings conducted by a district school board pursuant to the

19  provisions of chapter 120.

20         8.  Appropriate parties in connection with an

21  emergency, if knowledge of the information in the pupil's or

22  student's educational records is necessary to protect the

23  health or safety of the pupil, student, or other individuals.

24         9.  The Auditor General in connection with his or her

25  official functions; however, except when the collection of

26  personally identifiable information is specifically authorized

27  by law, any data collected by the Auditor General is

28  confidential and exempt from the provisions of s. 119.07(1)

29  and shall be protected in such a way as will not permit the

30  personal identification of students and their parents by other

31  than the Auditor General and his or her staff, and such

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  1  personally identifiable data shall be destroyed when no longer

  2  needed for the Auditor General's official use.

  3         10.a.  A court of competent jurisdiction in compliance

  4  with an order of that court or the attorney of record pursuant

  5  to a lawfully issued subpoena, upon the condition that the

  6  pupil or student and the pupil's or student's parent or

  7  eligible student is are notified of the order or subpoena in

  8  advance of compliance therewith by the educational institution

  9  or agency so that the parent or eligible student may seek

10  protective action, unless the disclosure is in compliance with

11  a court order that the existence or the contents of the

12  subpoena or the information furnished in response to the

13  subpoena not be disclosed.  If the institution initiates legal

14  action against a parent or student, and has complied with this

15  subparagraph, it may disclose the student's education records

16  that are relevant to the action to the court without a court

17  order or subpoena.

18         b.  A person or entity pursuant to a court of competent

19  jurisdiction in compliance with an order of that court or the

20  attorney of record pursuant to a lawfully issued subpoena,

21  upon the condition that the pupil or student, or his or her

22  parent if the pupil or student is either a minor and not

23  attending an institution of postsecondary education or a

24  dependent of such parent as defined in 26 U.S.C. s. 152 (s.

25  152 of the Internal Revenue Code of 1954), is notified of the

26  order or subpoena in advance of compliance therewith by the

27  educational institution or agency.

28         11.  Credit bureaus, in connection with an agreement

29  for financial aid which the student has executed, provided

30  that such information may be disclosed only to the extent

31  necessary to enforce the terms or conditions of the financial

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  1  aid agreement. Credit bureaus shall not release any

  2  information obtained pursuant to this paragraph to any person.

  3         12.  Parties to an interagency agreement among the

  4  Departments Department of Children and Family Services or

  5  Juvenile Justice, school and law enforcement authorities, and

  6  other signatory agencies for the purpose of reducing juvenile

  7  crime and especially motor vehicle theft by promoting

  8  cooperation and collaboration, and the sharing of appropriate

  9  information in a joint effort to improve school safety, to

10  reduce truancy, to reduce in-school and out-of-school

11  suspensions, to support alternatives to in-school and

12  out-of-school suspensions and expulsions that provide

13  structured and well-supervised educational programs

14  supplemented by a coordinated overlay of other appropriate

15  services designed to correct behaviors that lead to truancy,

16  suspensions, and expulsions, and to which support students in

17  successfully completing their education. The interagency

18  agreement must specify the conditions under which information

19  is to be shared.  All parties entering into such agreement

20  must maintain confidentiality of the information unless

21  otherwise provided by law. Information provided to further in

22  furtherance of such interagency agreements is intended solely

23  for use in determining the appropriate programs and services

24  for each juvenile or the juvenile's family, or for

25  coordinating the delivery of such programs and services, and

26  as such is inadmissible in any court proceedings prior to a

27  dispositional hearing unless written consent is provided by a

28  parent, guardian, or other responsible adult on behalf of the

29  juvenile.

30

31

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  1         13.  The Department of Highway Safety and Motor

  2  Vehicles for purposes of the compulsory attendance driver's

  3  license eligibility requirements of s. 322.091.

  4         14.  The Department of Children and Family Services for

  5  purposes of the Learnfare program compulsory attendance

  6  requirements of s. 414.125.

  7         15.  The parent of a dependent student, as defined in

  8  26 U.S.C. s. 152, the Internal Revenue Code of 1986.

  9         16.  The parent of a student who is not an eligible

10  student or to the eligible student.

11         17.  The alleged victim of any crime of violence, as

12  that term is defined in 18 U.S.C. s. 16, of the results of any

13  disciplinary proceeding conducted by an institution of

14  postsecondary education against the alleged perpetrator of

15  that crime with respect to that crime.

16

17  This paragraph does not prohibit any educational institution

18  from publishing and releasing to the general public directory

19  information relating to a pupil or student if the institution

20  elects to do so.  However, No school district or K-12

21  educational institution shall release, to any individual,

22  agency, business, or organization which is not listed in

23  subparagraphs 1.-17. 1.-11., or to an individual student,

24  directory information relating to an individual student or

25  students or the student body in general unless the school

26  district or K-12 educational institution has received the

27  written consent of the parents of the students to whom the

28  information relates or a portion thereof unless it is normally

29  published for the purpose of release to the public in general.

30  Any non-K-12 educational institution desiring to make making

31  directory information public shall give public notice of the

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  1  categories of information which it has designated as directory

  2  information with respect to all pupils or students attending

  3  the institution and shall allow a reasonable period of time

  4  after such notice has been given for a parent, guardian,

  5  pupil, or eligible student to inform the institution in

  6  writing that any or all of the information designated should

  7  not be released. Prior to releasing directory information, any

  8  school district or K-12 educational institution that intends

  9  to make directory information public shall provide written

10  notification to the parent of each student whose information

11  will be released, listing the specific directory information

12  to be released and the individual, agency, business, or

13  organization to receive the information. If prior written

14  authorization from the parent or eligible student is not

15  obtained for that release of information, the information

16  shall not be released. However, this paragraph does not

17  prohibit any school district or K-12 educational institution

18  from publishing and releasing to the general public the name

19  or size of any student participating in school activities or

20  extracurricular activities or receiving an honor, provided

21  that the student's address or telephone number is not

22  disclosed without the written consent of the parent; and

23  provided further that if the parent so directs, the school

24  district or K-12 educational institution shall not release any

25  information whatsoever on the student under any circumstances.

26         (4)  NOTIFICATION.--

27         (a)  Parents of students currently in attendance or

28  eligible students currently in attendance Every parent,

29  guardian, pupil, and student entitled to rights relating to

30  pupil and student records and reports under the provisions of

31  subsection (3) shall be notified annually, in writing, of such

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  1  rights and that the institution has a policy of supporting the

  2  law; the types of information and data generally entered in

  3  the pupil and student records as maintained by the

  4  institution; and the procedures to be followed in order to

  5  exercise such rights.

  6         (b)  The notification shall be general in form and in a

  7  manner to be determined by the State Board of Education and

  8  may be incorporated with other printed materials distributed

  9  to pupils and students, such as being printed on the back of

10  school assignment forms or report cards for students pupils

11  attending kindergarten or grades 1 through 12 in the public

12  school system and being printed in college catalogs or in

13  other program announcement bulletins for students attending

14  postsecondary institutions.

15         (c)  The notice must inform parents or eligible

16  students that they have the right to:

17         1.  Inspect and review the student's education records.

18         2.  Seek amendment of the student's education records

19  that the parent or eligible student believes to be inaccurate,

20  misleading, or otherwise in violation of the student's privacy

21  rights.

22         3.  Consent to disclosures of personally identifiable

23  information contained in the student's education records

24  except to the extent that disclosure is authorized.

25         4.  File with the United States Department of Education

26  Family Policy Compliance Office concerning alleged failures by

27  the institution to comply with the requirements of this

28  section.

29         (d)  The notice must include the procedure for

30  exercising the right to inspect and review education records

31

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  1  and the procedures for requesting amendment of records under

  2  this section.

  3         (e)  The institution shall effectively provide this

  4  notification to parents or eligible students who are disabled.

  5         (f)  An institution of elementary or secondary

  6  education shall effectively notify parents who have a primary

  7  home language other than English.

  8         (5)  PENALTY.--In the event that any public school

  9  official or employee, State University System official or

10  employee, area technical center official or employee,

11  community college official or employee, or district school

12  board official or employee refuses to comply with any of the

13  provisions of this section, the aggrieved parent, guardian,

14  pupil, or eligible student has shall have an immediate right

15  to bring an action in the circuit court to enforce the

16  violated right by injunction.  Any aggrieved parent, guardian,

17  pupil, or eligible student who brings such an action and whose

18  rights are vindicated may be awarded attorney's fees and court

19  costs.

20         (6)  APPLICABILITY TO RECORDS OF DEFUNCT

21  INSTITUTIONS.--The provisions of this section also apply to

22  pupil or student records which any nonpublic educational

23  institution that is no longer operating has deposited with the

24  district school superintendent in the county where the

25  nonpublic educational institution was located or with the

26  clerk of the circuit court of that county; with the Department

27  of Education; with the Division of Library and Information

28  Services, records and information management program, of the

29  Department of State; or with any other public agency.

30         Section 2.  Section 232.23, Florida Statutes, is

31  amended to read:

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  1         232.23  Procedures for maintenance and transfer of

  2  student pupil records.--

  3         (1)  Each principal shall maintain a permanent

  4  cumulative record for each student pupil enrolled in a public

  5  school.  Such record shall be maintained in the form, and

  6  contain all data, prescribed by rule by the Commissioner of

  7  Education. The cumulative record is confidential and exempt

  8  from the provisions of s. 119.07(1) and is open to inspection

  9  only as provided in s. 228.093.

10         (2)  The procedure for transferring and maintaining

11  records of students pupils who transfer from school to school

12  shall be prescribed by regulations of the commissioner.

13         (3)  Procedures relating to the acceptance of transfer

14  work and credit for students pupils shall be prescribed by

15  rule by the Commissioner of Education.

16         Section 3.  Section 411.223, Florida Statutes, is

17  amended to read:

18         411.223  Uniform standards.--

19         (1)  The Department of Children and Family Health and

20  Rehabilitative Services, in consultation with the Department

21  of Education, shall establish a minimum set of procedures for

22  each preschool child who receives preventive health care with

23  state funds.  Preventive health care services shall meet the

24  minimum standards established by federal law for the Early

25  Periodic Screening, Diagnosis, and Treatment Program and shall

26  provide guidance on screening instruments which are

27  appropriate for identifying health risks and handicapping

28  conditions in preschool children.

29         (2)  Duplicative diagnostic and planning practices

30  shall be eliminated to the extent possible. Diagnostic and

31  other information necessary to provide quality services to

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  1  high-risk or handicapped children shall be shared among the

  2  program offices of the Department of Children and Family

  3  Health and Rehabilitative Services, pursuant to the provisions

  4  of s. 228.093.

  5         Section 4.  For the purpose of incorporating the

  6  amendment of section 228.093, Florida Statutes, in references

  7  thereto, the sections or subdivisions of Florida Statutes set

  8  forth below are reenacted to read:

  9         229.57  Student assessment program.--

10         (6)  ANNUAL REPORTS.--The commissioner shall prepare

11  annual reports of the results of the statewide assessment

12  program which describe student achievement in the state, each

13  district, and each school.  The commissioner shall prescribe

14  the design and content of these reports, which must include,

15  without limitation, descriptions of the performance of all

16  schools participating in the assessment program and all of

17  their major student populations as determined by the

18  Commissioner of Education, and must also include the median

19  scores of all eligible students who scored at or in the lowest

20  25th percentile of the state in the previous school year;

21  provided, however, that the provisions of s. 228.093

22  pertaining to student records apply to this section. Until

23  such time as annual assessments prescribed in this section are

24  fully implemented, annual reports shall include student

25  performance data based on existing assessments.

26         240.237  Student records.--The university may prescribe

27  the content and custody of records and reports which the

28  university may maintain on its students.  Such records are

29  confidential and exempt from the provisions of s. 119.07(1)

30  and are open to inspection only as provided in s. 228.093.

31

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  1         240.323  Student records.--Rules of the State Board of

  2  Community Colleges may prescribe the content and custody of

  3  records and reports which a community college may maintain on

  4  its students. Such records are confidential and exempt from s.

  5  119.07(1) and are open to inspection only as provided in s.

  6  228.093.

  7         240.40401  Student financial assistance database.--

  8         (3)  The database must include records on any student

  9  receiving any form of financial assistance as described in

10  subsection (2).  Institutions participating in any state

11  financial assistance program shall annually submit such

12  information to the Department of Education in a format

13  prescribed by the department and consistent with the

14  provisions of s. 228.093.

15         242.3315  Student and employee personnel records.--The

16  Board of Trustees for the Florida School for the Deaf and the

17  Blind shall provide for the content and custody of student and

18  employee personnel records. Student records shall be subject

19  to the provisions of s. 228.093. Employee personnel records

20  shall be subject to the provisions of s. 231.291.

21         381.0056  School health services program.--

22         (5)  Each county health department shall develop,

23  jointly with the district school board and the local school

24  health advisory committee, a school health services plan; and

25  the plan shall include, at a minimum, provisions for:

26         (p)  Maintenance of records on incidents of health

27  problems, corrective measures taken, and such other

28  information as may be needed to plan and evaluate health

29  programs; except, however, that provisions in the plan for

30  maintenance of health records of individual students must be

31  in accordance with s. 228.093;

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  1         Section 5.  This act shall take effect July 1, 2000.

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