House Bill 0935

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    Florida House of Representatives - 2000                 HB 935

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to driver's license attendance

  3         requirements; amending s. 228.093, F.S.;

  4         authorizing the release of personally

  5         identifiable information from educational

  6         records to the Department of Highway Safety and

  7         Motor Vehicles and the Department of Juvenile

  8         Justice for purposes of implementing the

  9         provisions of s. 322.091; amending s. 322.091,

10         F.S.; providing legislative intent regarding

11         driver's license attendance requirements;

12         requiring juveniles to be under the

13         jurisdiction of the Department of Juvenile

14         Justice for purposes of this section; providing

15         an effective date.

16

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

18

19         Section 1.  Paragraph (d) of subsection (3) of section

20  228.093, Florida Statutes, is amended to read:

21         228.093  Pupil and student records and reports; rights

22  of parents, guardians, pupils, and students; notification;

23  penalty.--

24         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR

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

26  attends or has attended any public school, area

27  vocational-technical training center, community college, or

28  institution of higher education in the State University System

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

30  reports created, maintained, and used by any public

31  educational institution in the state. However, whenever a

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

  2  an institution of postsecondary education, the permission or

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

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

  5  accorded to the pupil or student only, unless the pupil or

  6  student is a dependent pupil or student of such parents as

  7  defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue

  8  Code of 1954). The State Board of Education shall formulate,

  9  adopt, and promulgate rules whereby parents, guardians,

10  pupils, or students may exercise these rights:

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

12  have a right of privacy with respect to the educational

13  records kept on him or her. Personally identifiable records or

14  reports of a pupil or student, and any personal information

15  contained therein, are confidential and exempt from the

16  provisions of s. 119.07(1).  No state or local educational

17  agency, board, public school, area technical center, community

18  college, or institution of higher education in the State

19  University System shall permit the release of such records,

20  reports, or information without the written consent of the

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

22  student himself or herself if he or she is qualified as

23  provided in this subsection, to any individual, agency, or

24  organization.  However, personally identifiable records or

25  reports of a pupil or student may be released to the following

26  persons or organizations without the consent of the pupil or

27  the pupil's parent:

28         1.  Officials of schools, school systems, area

29  technical centers, community colleges, or institutions of

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

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

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  1  furnished to the parent, guardian, pupil, or student upon

  2  request.

  3         2.  Other school officials, including teachers within

  4  the educational institution or agency, who have legitimate

  5  educational interests in the information contained in the

  6  records.

  7         3.  The United States Secretary of Education, the

  8  Director of the National Institute of Education, the Assistant

  9  Secretary for Education, the Comptroller General of the United

10  States, or state or local educational authorities who are

11  authorized to receive such information subject to the

12  conditions set forth in applicable federal statutes and

13  regulations of the United States Department of Education, or

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

15  Education.

16         4.  Other school officials, in connection with a

17  pupil's or student's application for or receipt of financial

18  aid.

19         5.  Individuals or organizations conducting studies for

20  or on behalf of an institution or a board of education for the

21  purpose of developing, validating, or administering predictive

22  tests, administering pupil or student aid programs, or

23  improving instruction, if such studies are conducted in such a

24  manner as will not permit the personal identification of

25  pupils or students and their parents by persons other than

26  representatives of such organizations and if such information

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

28  conducting such studies.

29         6.  Accrediting organizations, in order to carry out

30  their accrediting functions.

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

  2  hearings conducted by a district school board pursuant to the

  3  provisions of chapter 120.

  4         8.  Appropriate parties in connection with an

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

  6  student's educational records is necessary to protect the

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

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

  9  official functions; however, except when the collection of

10  personally identifiable information is specifically authorized

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

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

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

14  personal identification of students and their parents by other

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

16  personally identifiable data shall be destroyed when no longer

17  needed for the Auditor General's official use.

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

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

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

21  pupil or student and the pupil's or student's parent are

22  notified of the order or subpoena in advance of compliance

23  therewith by the educational institution or agency.

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

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

26  attorney of record pursuant to a lawfully issued subpoena,

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

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

29  attending an institution of postsecondary education or a

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

31  152 of the Internal Revenue Code of 1954), is notified of the

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  1  order or subpoena in advance of compliance therewith by the

  2  educational institution or agency.

  3         11.  Credit bureaus, in connection with an agreement

  4  for financial aid which the student has executed, provided

  5  that such information may be disclosed only to the extent

  6  necessary to enforce the terms or conditions of the financial

  7  aid agreement. Credit bureaus shall not release any

  8  information obtained pursuant to this paragraph to any person.

  9         12.  Parties to an interagency agreement among the

10  Department of Juvenile Justice, school and law enforcement

11  authorities, and other signatory agencies for the purpose of

12  reducing juvenile crime and especially motor vehicle theft by

13  promoting cooperation and collaboration, and the sharing of

14  appropriate information in a joint effort to improve school

15  safety, to reduce truancy, in-school and out-of-school

16  suspensions, to support alternatives to in-school and

17  out-of-school suspensions and expulsions that provide

18  structured and well-supervised educational programs

19  supplemented by a coordinated overlay of other appropriate

20  services designed to correct behaviors that lead to truancy,

21  suspensions, and expulsions, and which support students in

22  successfully completing their education.  Information provided

23  in furtherance of such interagency agreements is intended

24  solely for use in determining the appropriate programs and

25  services for each juvenile or the juvenile's family, or for

26  coordinating the delivery of such programs and services, and

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

28  dispositional hearing unless written consent is provided by a

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

30  juvenile.

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  1         13.  The Department of Highway Safety and Motor

  2  Vehicles and the Department of Juvenile Justice for purposes

  3  of implementing the provisions of s. 322.091.

  4

  5  This paragraph does not prohibit any educational institution

  6  from publishing and releasing to the general public directory

  7  information relating to a pupil or student if the institution

  8  elects to do so.  However, no educational institution shall

  9  release, to any individual, agency, or organization which is

10  not listed in subparagraphs 1.-13. 1.-11., directory

11  information relating to the student body in general or a

12  portion thereof unless it is normally published for the

13  purpose of release to the public in general.  Any educational

14  institution making directory information public shall give

15  public notice of the categories of information which it has

16  designated as directory information with respect to all pupils

17  or students attending the institution and shall allow a

18  reasonable period of time after such notice has been given for

19  a parent, guardian, pupil, or student to inform the

20  institution in writing that any or all of the information

21  designated should not be released.

22         Section 2.  Subsection (6) is added to section 322.091,

23  Florida Statutes, to read:

24         322.091  Attendance requirements.--

25         (6)  LEGISLATIVE INTENT.--It is the intent of the

26  Legislature that the implementation of this section be

27  considered a program of the Department of Juvenile Justice to

28  be administered by the Department of Highway Safety and Motor

29  Vehicles for the prevention, early intervention, control, and

30  rehabilitative treatment of juveniles at risk of delinquency.

31  Any minor who fails to comply with the requirements of

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  1  subsection (1) shall be under the jurisdiction of the

  2  Department of Juvenile Justice for purposes of implementing

  3  the provisions of this section.  Release of personally

  4  identifiable records, reports, or information pursuant to s.

  5  228.093(3)(d)13., is deemed to concern the ability of the

  6  juvenile justice system to effectively implement the

  7  provisions of this section.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          HOUSE SUMMARY

13
      Provides legislative intent regarding driver's license
14    attendance requirements. Authorizes the release of
      personally identifiable information from educational
15    records to the Department of Highway Safety and Motor
      Vehicles and the Department of Juvenile Justice for
16    purposes of implementing the provisions of s. 322.091,
      F.S.
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