Florida Senate - 2009 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 2374
Barcode 359652
581-03265-09
Proposed Committee Substitute by the Committee on Education Pre
K - 12
1 A bill to be entitled
2 An act relating to public records; creating s.
3 1002.221, F.S.; providing an exemption from public
4 records requirements for K-12 education records held
5 by an agency, public school, center, institution, or
6 other entity that is part of the state’s education
7 system; providing exceptions to the exemption;
8 providing for future legislative review and repeal of
9 the exemption under the Open Government Sunset Review
10 Act; amending s. 1006.52, F.S.; expanding the
11 exemption from public-records requirements for records
12 of students in public postsecondary educational
13 institutions to include education records and
14 applicant records; providing requirements for the
15 release, use, and maintenance of education records;
16 providing for future legislative review and repeal of
17 the exemption under the Open Government Sunset Review
18 Act; providing legislative findings; providing a
19 statement of public necessity; providing a contingent
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 1. Section 1002.221, Florida Statutes,
25 is created to read:
26 1002.221 K-12 education records.—
27 (1) Education records, as defined in the Family Educational
28 Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the
29 federal regulations issued pursuant thereto, are confidential
30 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
31 Constitution.
32 (2) An agency, as defined in s. 1002.22(1)(a), or a public
33 school, center, institution, or other entity that is part of
34 Florida’s education system under s. 1000.04(1), (3), or (4), may
35 not release a student’s education records without the written
36 consent of the student or parent to any individual, agency, or
37 organization, except in accordance with and as permitted by the
38 FERPA. Education records released by an agency, as defined in s.
39 1002.22(1)(a), or by a public school, center, institution, or
40 other entity that is part of Florida’s education system under s.
41 1000.04 (1), (3), or (4), to the Auditor General or the Office
42 of Program Policy Analysis and Government Accountability, which
43 are necessary for such agencies to perform their official duties
44 and responsibilities, shall be used and maintained by the
45 Auditor General and the Office of Program Policy Analysis and
46 Government Accountability in accordance with the FERPA.
47 (3) This section is subject to the Open Government Sunset
48 Review Act in accordance with s. 119.15, and shall stand
49 repealed on October 2, 2014, unless reviewed and saved from
50 repeal through reenactment by the Legislature.
51 Section 2. Section 1006.52, Florida Statutes, is amended to
52 read:
53 1006.52 Education Student records and applicant records.—
54 (1) Each public postsecondary educational institution
55 university may prescribe the content and custody of records that
56 and reports which the institution university may maintain on its
57 students and applicants for admission. A student’s education
58 Such records, as defined in the Family Educational Rights and
59 Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal
60 regulations issued pursuant thereto, and applicant records are
61 confidential and exempt from the provisions of s. 119.07(1) and
62 s. 24(a), Art. I of the State Constitution are open to
63 inspection only as provided in s. 1002.22. For the purpose of
64 this subsection, applicant records shall be considered to be
65 records that are:
66 (a) Directly related to an applicant for admission to a
67 public postsecondary institution who has not been in attendance
68 at the institution; and
69 (b) Maintained by a public postsecondary institution or by
70 a party acting on behalf of the public postsecondary
71 institution.
72 (2) A public postsecondary educational institution may not
73 release a student’s education records without the written
74 consent of the student to any individual, agency, or
75 organization, except in accordance with and as permitted by the
76 FERPA. Education records released by public postsecondary
77 educational institutions to the Auditor General or the Office of
78 Program Policy Analysis and Government Accountability, which are
79 necessary for such agencies to perform their official duties and
80 responsibilities, shall be used and maintained by the Auditor
81 General and the Office of Program Policy Analysis and Government
82 Accountability in accordance with the FERPA.
83 (3) This section is subject to the Open Government Sunset
84 Review Act in accordance with s. 119.15, and shall stand
85 repealed on October 2, 2014, unless reviewed and saved from
86 repeal through reenactment by the Legislature.
87 (2) Rules of the State Board of Education may prescribe the
88 content and custody of records and reports which a community
89 college may maintain on its students. Such records are
90 confidential and exempt from s. 119.07(1) and are open to
91 inspection only as provided in s. 1002.22.
92 Section 3. (1) The Legislature finds that it is a public
93 necessity to continue to make confidential and exempt from
94 disclosure education records, as defined in the Family
95 Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
96 and the federal regulations issued pursuant thereto, which are
97 maintained by public postsecondary educational institutions or
98 persons acting for such institutions. The state has historically
99 protected education records from public disclosure and continues
100 to provide for the confidential and exempt nature of education
101 records; however, the state does not currently conform to the
102 federal definition of education records, which is more inclusive
103 than the state law. Such inconsistency may result in
104 noncompliance with federal law, for which public educational
105 institutions could be sanctioned by the loss of all federal
106 funds received from the United States Department of Education.
107 (2) The Legislature finds that it is a public necessity
108 that student applicant records held by public postsecondary
109 educational institutions be made confidential and exempt in
110 accordance with public-records requirements. Student applicant
111 records maintained by public postsecondary educational
112 institutions may include, but are not limited to, academic
113 transcripts, test scores, records of disciplinary proceedings,
114 disability and health records, and other records that are
115 protected from disclosure under state and federal law. An
116 exemption for student applicant records is necessary because the
117 release of certain information from the records of students who
118 are not admitted to or who do not enroll in an institution would
119 negatively affect the applicant’s privacy interests in their
120 education records, which are already confidential and exempt as
121 maintained by the transmitting educational institutions. The
122 Legislature finds that the private and confidential nature of
123 the records of an applicant who is not accepted for admission or
124 who otherwise does not enroll in an institution is identical to
125 the records of an enrolled student, which are confidential and
126 exempt from public-records requirements. The Legislature further
127 finds that the release of an applicant’s records to the public
128 would harm the applicant’s ability to protect his or her
129 personal and education records and could result in identity
130 theft and hinder applicants from providing truthful and complete
131 information during the admission process.
132 (3) The Legislature finds that the public and private harm
133 in disclosing personal and educational information contained in
134 public postsecondary applicant records significantly outweighs
135 any public benefit derived from disclosure and that the
136 exemption of public postsecondary applicant records from public
137 disclosure will enhance the ability of applicants and public
138 postsecondary educational institutions to protect the privacy
139 rights that otherwise attach to such information outside the
140 admission process.
141 (4) Public disclosure of a public school student’s
142 educational information, especially sensitive information,
143 including, but not limited to, academic achievement, diagnostic
144 tests, and the existence of mental and physical disabilities,
145 would significantly inhibit the educational process, the
146 functions of the school, and the ability of parents to oversee
147 their children’s education. Although the Legislature has
148 historically provided for significant mandatory disclosure and
149 public reporting of information on student achievement and other
150 factors, the disclosure and public reporting are released in
151 aggregate form and do not personally identify students or
152 disclose their education records.
153 (5) The Legislature finds that in order to comply with the
154 applicable federal requirements regarding the collection, use,
155 and release of education records, such records must be made
156 confidential and exempt from public disclosure. Therefore, the
157 Legislature finds that state law must be updated to maintain
158 consistency with federal requirements, including newly
159 promulgated exemptions to public disclosure.
160 Section 4. This act shall take effect on the same date that
161 Senate Bill 2426, or similar legislation takes effect, if such
162 legislation is adopted in the same legislative session or an
163 extension thereof and becomes law.