SENATE AMENDMENT
Bill No. CS for SB 1018 Barcode 935318
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senator Pruitt moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 21, line 9,
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16 insert:
17 Section 4. Paragraph (d) of subsection (3) of s.
18 228.093, Florida Statutes, is amended to read:
19 228.093 Pupil and student records and reports; rights
20 of parents, guardians, pupils, and students; notification;
21 penalty.--
22 (3) RIGHTS OF PARENT, GUARDIAN, PUPIL, OR
23 STUDENT.--The parent or guardian of any pupil or student who
24 attends or has attended any public school, area
25 vocational-technical training center, community college, or
26 institution of higher education in the State University System
27 shall have the following rights with respect to any records or
28 reports created, maintained, and used by any public
29 educational institution in the state. However, whenever a
30 pupil or student has attained 18 years of age, or is attending
31 an institution of postsecondary education, the permission or
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SENATE AMENDMENT
Bill No. CS for SB 1018 Barcode 935318
Amendment No. ___
1 consent required of, and the rights accorded to, the parents
2 of the pupil or student shall thereafter be required of and
3 accorded to the pupil or student only, unless the pupil or
4 student is a dependent pupil or student of such parents as
5 defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue
6 Code of 1954). The State Board of Education shall formulate,
7 adopt, and promulgate rules whereby parents, guardians,
8 pupils, or students may exercise these rights:
9 (d) Right of privacy.--Every pupil or student shall
10 have a right of privacy with respect to the educational
11 records kept on him or her. Personally identifiable records or
12 reports of a pupil or student, and any personal information
13 contained therein, are confidential and exempt from the
14 provisions of s. 119.07(1). No state or local educational
15 agency, board, public school, area technical center, community
16 college, or institution of higher education in the State
17 University System shall permit the release of such records,
18 reports, or information without the written consent of the
19 pupil's or student's parent or guardian, or of the pupil or
20 student himself or herself if he or she is qualified as
21 provided in this subsection, to any individual, agency, or
22 organization. However, personally identifiable records or
23 reports of a pupil or student may be released to the following
24 persons or organizations without the consent of the pupil or
25 the pupil's parent:
26 1. Officials of schools, school systems, area
27 technical centers, community colleges, or institutions of
28 higher learning in which the pupil or student seeks or intends
29 to enroll; and a copy of such records or reports shall be
30 furnished to the parent, guardian, pupil, or student upon
31 request.
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SENATE AMENDMENT
Bill No. CS for SB 1018 Barcode 935318
Amendment No. ___
1 2. Other school officials, including teachers within
2 the educational institution or agency, who have legitimate
3 educational interests in the information contained in the
4 records.
5 3. The United States Secretary of Education, the
6 Director of the National Institute of Education, the Assistant
7 Secretary for Education, the Comptroller General of the United
8 States, or state or local educational authorities who are
9 authorized to receive such information subject to the
10 conditions set forth in applicable federal statutes and
11 regulations of the United States Department of Education, or
12 in applicable state statutes and rules of the State Board of
13 Education.
14 4. Other school officials, in connection with a
15 pupil's or student's application for or receipt of financial
16 aid.
17 5. Individuals or organizations conducting studies for
18 or on behalf of an institution or a board of education for the
19 purpose of developing, validating, or administering predictive
20 tests, administering pupil or student aid programs, or
21 improving instruction, if such studies are conducted in such a
22 manner as will not permit the personal identification of
23 pupils or students and their parents by persons other than
24 representatives of such organizations and if such information
25 will be destroyed when no longer needed for the purpose of
26 conducting such studies.
27 6. Accrediting organizations, in order to carry out
28 their accrediting functions.
29 7. School readiness coalitions and the Florida
30 Partnership for School Readiness in order to carry out their
31 assigned duties.
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1 8. Learning Gateway programs and the Learning Gateway
2 steering committee in order to carry out their assigned
3 duties.
4 98. For use as evidence in pupil or student expulsion
5 hearings conducted by a district school board pursuant to the
6 provisions of chapter 120.
7 109. Appropriate parties in connection with an
8 emergency, if knowledge of the information in the pupil's or
9 student's educational records is necessary to protect the
10 health or safety of the pupil, student, or other individuals.
11 1110. The Auditor General in connection with his or
12 her official functions; however, except when the collection of
13 personally identifiable information is specifically authorized
14 by law, any data collected by the Auditor General is
15 confidential and exempt from the provisions of s. 119.07(1)
16 and shall be protected in such a way as will not permit the
17 personal identification of students and their parents by other
18 than the Auditor General and his or her staff, and such
19 personally identifiable data shall be destroyed when no longer
20 needed for the Auditor General's official use.
21 1211.a. A court of competent jurisdiction in
22 compliance with an order of that court or the attorney of
23 record pursuant to a lawfully issued subpoena, upon the
24 condition that the pupil or student and the pupil's or
25 student's parent are notified of the order or subpoena in
26 advance of compliance therewith by the educational institution
27 or agency.
28 b. A person or entity pursuant to a court of competent
29 jurisdiction in compliance with an order of that court or the
30 attorney of record pursuant to a lawfully issued subpoena,
31 upon the condition that the pupil or student, or his or her
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SENATE AMENDMENT
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Amendment No. ___
1 parent if the pupil or student is either a minor and not
2 attending an institution of postsecondary education or a
3 dependent of such parent as defined in 26 U.S.C. s. 152 (s.
4 152 of the Internal Revenue Code of 1954), is notified of the
5 order or subpoena in advance of compliance therewith by the
6 educational institution or agency.
7 1312. Credit bureaus, in connection with an agreement
8 for financial aid which the student has executed, provided
9 that such information may be disclosed only to the extent
10 necessary to enforce the terms or conditions of the financial
11 aid agreement. Credit bureaus shall not release any
12 information obtained pursuant to this paragraph to any person.
13 1413. Parties to an interagency agreement among the
14 Department of Juvenile Justice, school and law enforcement
15 authorities, and other signatory agencies for the purpose of
16 reducing juvenile crime and especially motor vehicle theft by
17 promoting cooperation and collaboration, and the sharing of
18 appropriate information in a joint effort to improve school
19 safety, to reduce truancy, in-school and out-of-school
20 suspensions, to support alternatives to in-school and
21 out-of-school suspensions and expulsions that provide
22 structured and well-supervised educational programs
23 supplemented by a coordinated overlay of other appropriate
24 services designed to correct behaviors that lead to truancy,
25 suspensions, and expulsions, and which support students in
26 successfully completing their education. Information provided
27 in furtherance of such interagency agreements is intended
28 solely for use in determining the appropriate programs and
29 services for each juvenile or the juvenile's family, or for
30 coordinating the delivery of such programs and services, and
31 as such is inadmissible in any court proceedings prior to a
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SENATE AMENDMENT
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Amendment No. ___
1 dispositional hearing unless written consent is provided by a
2 parent, guardian, or other responsible adult on behalf of the
3 juvenile.
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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., directory information
11 relating to the student body in general or a portion thereof
12 unless it is normally published for the purpose of release to
13 the public in general. Any educational institution making
14 directory information public shall give public notice of the
15 categories of information which it has designated as directory
16 information with respect to all pupils or students attending
17 the institution and shall allow a reasonable period of time
18 after such notice has been given for a parent, guardian,
19 pupil, or student to inform the institution in writing that
20 any or all of the information designated should not be
21 released.
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23 (Redesignate subsequent sections.)
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 On page 1, line 10, after the semicolon
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30 insert:
31 amending s. 228.093, F.S.; providing access to
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SENATE AMENDMENT
Bill No. CS for SB 1018 Barcode 935318
Amendment No. ___
1 student records by Learning Gateway programs
2 and the Learning Gateway steering committee;
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