HB 7119

1	A bill to be entitled
2	An act relating to public records; creating s. 1002.221,
3	F.S.; providing an exemption from public records
4	requirements for K-12 education records held by an agency,
5	public school, center, institution, or other entity that
6	is part of the state's education system; providing
7	requirements for the release, use, and maintenance of
8	education records; providing for future legislative review
9	and repeal of the exemption under the Open Government
10	Sunset Review Act; amending s. 1006.52, F.S.; expanding
11	the exemption from public records requirements for records
12	of students in public postsecondary educational
13	institutions to include education records and applicant
14	records; providing requirements for the release, use, and
15	maintenance of education records; providing for future
16	legislative review and repeal of the exemption under the
17	Open Government Sunset Review Act; providing legislative
18	findings; providing a statement of public necessity;
19	providing a contingent effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 1002.221, Florida Statutes, is created
24	to read:
25	1002.221  K-12 education records.--
26	(1)  Education records, as defined in the Family
27	Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
28	and the federal regulations issued pursuant thereto, are
29	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
30	of the State Constitution.
31	(2)  An agency, as defined in s. 1002.22(1)(a), or a public
32	school, center, institution, or other entity that is part of
33	Florida's education system under s. 1000.04(1), (3), or (4), may
34	not release a student's education records without the written
35	consent of the student or parent to any individual, agency, or
36	organization, except in accordance with and as permitted by the
37	FERPA. Education records released by an agency, as defined in s.
38	1002.22(1)(a), or by a public school, center, institution, or
39	other entity that is part of Florida's education system under s.
40	1000.04 (1), (3), or (4), to the Auditor General or the Office
41	of Program Policy Analysis and Government Accountability, which
42	are necessary for such agencies to perform their official duties
43	and responsibilities, shall be used and maintained by the
44	Auditor General and the Office of Program Policy Analysis and
45	Government Accountability in accordance with the FERPA.
46	(3)  This section is subject to the Open Government Sunset
47	Review Act in accordance with s. 119.15 and shall stand repealed
48	on October 2, 2014, unless reviewed and saved from repeal
49	through reenactment by the Legislature.
50	Section 2.  Section 1006.52, Florida Statutes, is amended
51	to read:
52	1006.52  Education Student records and applicant records.--
53	(1)  Each public postsecondary educational institution
54	university may prescribe the content and custody of records that
55	and reports which the institution university may maintain on its
56	students and applicants for admission. A student's education
57	Such records, as defined in the Family Educational Rights and
58	Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal
59	regulations issued pursuant thereto, and applicant records are
60	confidential and exempt from the provisions of s. 119.07(1) and
61	s. 24(a), Art. I of the State Constitution are open to
62	inspection only as provided in s. 1002.22. For the purpose of
63	this subsection, applicant records shall be considered to be
64	records that are:
65	(a)  Directly related to an applicant for admission to a
66	public postsecondary educational institution who has not been in
67	attendance at the institution; and
68	(b)  Maintained by a public postsecondary educational
69	institution or by a party acting on behalf of the public
70	postsecondary educational institution.
71	(2)  A public postsecondary educational institution may not
72	release a student's education records without the written
73	consent of the student to any individual, agency, or
74	organization, except in accordance with and as permitted by the
75	FERPA. Education records released by public postsecondary
76	educational institutions to the Auditor General or the Office of
77	Program Policy Analysis and Government Accountability, which are
78	necessary for such agencies to perform their official duties and
79	responsibilities, shall be used and maintained by the Auditor
80	General and the Office of Program Policy Analysis and Government
81	Accountability in accordance with the FERPA.
82	(3)  This section is subject to the Open Government Sunset
83	Review Act in accordance with s. 119.15 and shall stand repealed
84	on October 2, 2014, unless reviewed and saved from repeal
85	through reenactment by the Legislature.
86	(2)  Rules of the State Board of Education may prescribe
87	the content and custody of records and reports which a community
88	college may maintain on its students. Such records are
89	confidential and exempt from s. 119.07(1) and are open to
90	inspection only as provided in s. 1002.22.
91	Section 3.  (1)  The Legislature finds that it is a public
92	necessity to continue to make confidential and exempt from
93	disclosure education records, as defined in the Family
94	Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
95	and the federal regulations issued pursuant thereto, which are
96	maintained by public postsecondary educational institutions or
97	persons acting for such institutions. The state has historically
98	protected education records from public disclosure and continues
99	to provide for the confidential and exempt nature of education
100	records; however, the state does not currently conform to the
101	federal definition of education records, which is more inclusive
102	than the state law. Such inconsistency may result in
103	noncompliance with federal law, for which public educational
104	institutions could be sanctioned by the loss of all federal
105	funds received from the United States Department of Education.
106	(2)  The Legislature finds that it is a public necessity
107	that student applicant records held by public postsecondary
108	educational institutions be made confidential and exempt in
109	accordance with public records requirements. Student applicant
110	records maintained by public postsecondary educational
111	institutions may include, but are not limited to, academic
112	transcripts, test scores, records of disciplinary proceedings,
113	disability and health records, and other records that are
114	protected from disclosure under state and federal law. An
115	exemption for student applicant records is necessary because the
116	release of certain information from the records of applicants
117	who are not admitted to or who do not enroll in an institution
118	would negatively affect the applicants' privacy interests in
119	their education records, which are already confidential and
120	exempt as maintained by the transmitting educational
121	institutions. The Legislature finds that the private and
122	confidential nature of the records of an applicant who is not
123	accepted for admission or who otherwise does not enroll in an
124	institution is identical to the nature of the records of an
125	enrolled student, which are confidential and exempt from public
126	records requirements. The Legislature further finds that the
127	release of an applicant's records to the public would harm the
128	applicant's ability to protect his or her personal and education
129	records and could result in identity theft and hinder applicants
130	from providing truthful and complete information during the
131	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
161	that HB 7117 or similar legislation takes effect, if such
162	legislation is adopted in the same legislative session or an
163	extension thereof and becomes law.

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