HB 7117

1	A bill to be entitled
2	An act relating to student records; amending s. 1002.21,
3	F.S.; deleting provisions relating to the rights parents
4	have regarding their children's postsecondary student
5	records to conform to changes made by the act; amending s.
6	1002.22, F.S.; deleting certain provisions governing the
7	release of K-12 student records and reports to specified
8	parties; deleting definitions; defining the terms "agency"
9	and "institution"; requiring that the State Board of
10	Education comply with federal law with respect to the
11	release of education records; requiring that the State
12	Board of Education adopt rules; creating s. 1002.225,
13	F.S.; defining the term "education records" for purposes
14	of records of students in public postsecondary educational
15	institutions; requiring that a public postsecondary
16	educational institution comply with federal law;
17	authorizing such institution to charge a fee for
18	furnishing copies of education records; prohibiting an
19	institution from charging a fee that exceeds the actual
20	cost incurred by the institution for producing such
21	copies; prohibiting the institution from including the
22	costs of searching for or retrieving the records in the
23	fee; providing an aggrieved student with the right to
24	bring an action in court; providing for the award of
25	attorney's fees and court costs; amending ss. 220.187,
26	1002.39, 1003.451, and 1009.94, F.S.; conforming cross-
27	references; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Section 1002.21, Florida Statutes, is amended
32	to read:
33	1002.21  Postsecondary student and parent rights.--
34	(1)  STUDENT RECORDS.--Parents have rights regarding the
35	student records of their children, and students 18 years of age
36	and older have rights regarding their student records, including
37	right of access, right of waiver of access, right to challenge
38	and hearing, and right of privacy, in accordance with the
39	provisions of ss. 1002.22, 1005.36, and 1006.52.
40	(1)(2)  LEARNING DISABLED STUDENTS.--Impaired and learning
41	disabled students may be eligible for reasonable substitution
42	for admission, graduation, and upper-level division requirements
43	of public postsecondary educational institutions, in accordance
44	with the provisions of ss. 1007.264 and 1007.265.
45	(2)(3)  EXPULSION, SUSPENSION, DISCIPLINE.--Public
46	postsecondary education students may be expelled, suspended, or
47	otherwise disciplined by the president of a public postsecondary
48	educational institution after notice to the student of the
49	charges and a hearing on the charges, in accordance with the
50	provisions of s. 1006.62.
51	(3)(4)  RELIGIOUS BELIEFS.--Public postsecondary
52	educational institutions must provide reasonable accommodations
53	for the religious practices and beliefs of individual students
54	in regard to admissions, class attendance, and the scheduling of
55	examinations and work assignments, in accordance with the
56	provisions of s. 1006.53, and must provide and describe in the
57	student handbook a grievance procedure for students to seek
58	redress when they feel they have been unreasonably denied an
59	educational benefit due to their religious beliefs or practices.
60	(4)(5)  STUDENT HANDBOOKS.--Each state university and
61	community college shall provide its students with an up-to-date
62	student handbook that includes student rights and
63	responsibilities, appeals processes available to students,
64	contact persons available to help students, student conduct
65	code, and information regarding HIV and AIDS, in accordance with
66	the provisions of s. 1006.50.
67	(5)(6)  STUDENT OMBUDSMAN OFFICE.--Each state university
68	and community college shall maintain a student ombudsman office
69	and established procedures for students to appeal to the office
70	regarding decisions about the student's access to courses and
71	credit granted toward the student's degree, in accordance with
72	the provisions of s. 1006.51.
73	Section 2.  Section 1002.22, Florida Statutes, is amended
74	to read:
75	(Substantial rewording of section. See
76	s. 1002.22, F.S., for present text.)
77	1002.22  Education records and reports of K-12 students;
78	rights of parents and students; notification; penalty.--
79	(1)  DEFINITIONS.--As used in this section, the term:
80	(a)  "Agency" means any board, agency, or other entity that
81	provides administrative control or direction of or performs
82	services for public elementary or secondary schools, centers, or
83	other institutions as defined in this chapter.
84	(b)  "Institution" means any public school, center,
85	institution, or other entity that is part of Florida's education
86	system under s. 1000.04(1), (3), and (4).
87	(2)  RIGHTS OF STUDENTS AND PARENTS.--The rights of
88	students and their parents with respect to education records
89	created, maintained, or used by public educational institutions
90	and agencies shall be protected in accordance with the Family
91	Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
92	the implementing regulations issued pursuant thereto, and this
93	section. In order to maintain the eligibility of public
94	educational institutions and agencies to receive federal funds
95	and participate in federal programs, the State Board of
96	Education shall comply with the FERPA after the board has
97	evaluated and determined that the FERPA is consistent with the
98	following principles:
99	(a)  Students and their parents shall have the right to
100	access their education records, including the right to inspect
101	and review those records.
102	(b)  Students and their parents shall have the right to
103	waive their access to their education records in certain
104	circumstances.
105	(c)  Students and their parents shall have the right to
106	challenge the content of education records in order to ensure
107	that the records are not inaccurate, misleading, or otherwise a
108	violation of privacy or other rights.
109	(d)  Students and their parents shall have the right of
110	privacy with respect to such records and reports.
111	(e)  Students and their parents shall receive notice of
112	their rights with respect to education records.
113	(3)  DUTIES AND RESPONSIBILITIES.--The State Board of
114	Education shall:
115	(a)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
116	administer this section.
117	(b)  Monitor the FERPA and notify the Legislature of any
118	significant change to the requirements of the FERPA or other
119	major changes in federal law which may impact this section.
120	(c)  Advise the Legislature of any change in the FERPA
121	which may create a need for an exemption to the requirements of
122	s. 24(a), Art. I of the State Constitution.
123	(4)  PENALTY.--If any official or employee of an
124	institution refuses to comply with this section, the aggrieved
125	parent or student has an immediate right to bring an action in
126	circuit court to enforce his or her rights by injunction. Any
127	aggrieved parent or student who brings such action and whose
128	rights are vindicated may be awarded attorney's fees and court
129	costs.
130	(5)  APPLICABILITY TO RECORDS OF DEFUNCT
131	INSTITUTIONS.--This section applies to student records that any
132	nonpublic educational institution that is no longer operating
133	has deposited with the district school superintendent in the
134	county where the nonpublic educational institution was located.
135	Section 3.  Section 1002.225, Florida Statutes, is created
136	to read:
137	1002.225  Education records of students in public
138	postsecondary educational institutions; penalty.--
139	(1)  As used in this section, the term "education records"
140	means education records as defined in the Family Educational
141	Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the
142	federal regulations issued pursuant thereto.
143	(2)  All public postsecondary educational institutions
144	shall comply with the FERPA with respect to the education
145	records of students. A public postsecondary educational
146	institution may charge fees for furnishing copies of education
147	records that are requested under this section. Such fees may not
148	exceed the actual cost incurred by the institution for producing
149	such copies and may not include the costs of searching for or
150	retrieving the education records.
151	(3)  If any public postsecondary educational institution
152	refuses to comply with this section, the aggrieved student has
153	an immediate right to bring an action in circuit court to
154	enforce his or her rights by injunction. Any aggrieved student
155	who brings such action and whose rights are vindicated may be
156	awarded attorney's fees and court costs.
157	Section 4.  Paragraph (c) of subsection (10) of section
158	220.187, Florida Statutes, is amended to read:
159	220.187  Credits for contributions to nonprofit
160	scholarship-funding organizations.--
161	(10)  COMMISSIONER OF EDUCATION AUTHORITY AND
162	OBLIGATIONS.--
163	(c)  The commissioner may immediately suspend payment of
164	scholarship funds if it is determined that there is probable
165	cause to believe that there is:
166	1.  An imminent threat to the health, safety, and welfare
167	of the students; or
168	2.  Fraudulent activity on the part of the private school.
169	Notwithstanding s. 1002.22(3), in incidents of alleged
170	fraudulent activity pursuant to this section, the Department of
171	Education's Office of Inspector General is authorized to release
172	personally identifiable records or reports of students to the
173	following persons or organizations:
174	a.  A court of competent jurisdiction in compliance with an
175	order of that court or the attorney of record in accordance with
176	a lawfully issued subpoena, consistent with the Family
177	Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
178	b.  A person or entity authorized by a court of competent
179	jurisdiction in compliance with an order of that court or the
180	attorney of record pursuant to a lawfully issued subpoena,
181	consistent with the Family Educational Rights and Privacy Act,
182	20 U.S.C. s. 1232g.
183	c.  Any person, entity, or authority issuing a subpoena for
184	law enforcement purposes when the court or other issuing agency
185	has ordered that the existence or the contents of the subpoena
186	or the information furnished in response to the subpoena not be
187	disclosed, consistent with the Family Educational Rights and
188	Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
189
190	The commissioner's order suspending payment pursuant to this
191	paragraph may be appealed pursuant to the same procedures and
192	timelines as the notice of proposed action set forth in
193	paragraph (b).
194	Section 5.  Paragraph (c) of subsection (7) of section
195	1002.39, Florida Statutes, is amended to read:
196	1002.39  The John M. McKay Scholarships for Students with
197	Disabilities Program.--There is established a program that is
198	separate and distinct from the Opportunity Scholarship Program
199	and is named the John M. McKay Scholarships for Students with
200	Disabilities Program.
201	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
202	(c)  The commissioner may immediately suspend payment of
203	scholarship funds if it is determined that there is probable
204	cause to believe that there is:
205	1.  An imminent threat to the health, safety, or welfare of
206	the students; or
207	2.  Fraudulent activity on the part of the private school.
208	Notwithstanding s. 1002.22(3), in incidents of alleged
209	fraudulent activity pursuant to this section, the Department of
210	Education's Office of Inspector General is authorized to release
211	personally identifiable records or reports of students to the
212	following persons or organizations:
213	a.  A court of competent jurisdiction in compliance with an
214	order of that court or the attorney of record in accordance with
215	a lawfully issued subpoena, consistent with the Family
216	Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
217	b.  A person or entity authorized by a court of competent
218	jurisdiction in compliance with an order of that court or the
219	attorney of record pursuant to a lawfully issued subpoena,
220	consistent with the Family Educational Rights and Privacy Act,
221	20 U.S.C. s. 1232g.
222	c.  Any person, entity, or authority issuing a subpoena for
223	law enforcement purposes when the court or other issuing agency
224	has ordered that the existence or the contents of the subpoena
225	or the information furnished in response to the subpoena not be
226	disclosed, consistent with the Family Educational Rights and
227	Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
228
229	The commissioner's order suspending payment pursuant to this
230	paragraph may be appealed pursuant to the same procedures and
231	timelines as the notice of proposed action set forth in
232	paragraph (b).
233	Section 6.  Paragraph (b) of subsection (3) of section
234	1003.451, Florida Statutes, is amended to read:
235	1003.451  Junior Reserve Officers' Training Corps; military
236	recruiters; access to public school campuses.--
237	(3)
238	(b)  A school district shall, as required in 20 U.S.C. s.
239	7908(a)(1), grant military recruiters access to the names,
240	addresses, and telephone listings of secondary school students,
241	except, the district shall comply with a student's or parent's
242	request under 20 U.S.C. s. 7908(a)(2) or s. 1002.22(3)(d) not to
243	release the student's information without prior written parental
244	consent.
245	Section 7.  Subsection (3) of section 1009.94, Florida
246	Statutes, is amended to read:
247	1009.94  Student financial assistance database.--
248	(3)  The database must include records on any student
249	receiving any form of financial assistance as described in
250	subsection (2). Institutions participating in any state
251	financial assistance program shall annually submit such
252	information to the Department of Education in a format
253	prescribed by the department and consistent with the provisions
254	of s. 1002.225 1002.22.
255	Section 8.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.