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.
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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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12 HOUSE SUMMARY
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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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