Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 648
Ì546208,Î546208
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2014 .
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(Montford) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1002.221, Florida Statutes, is amended
6 to read:
7 1002.221 K-12 education records; public records exemption.—
8 (1) Education records, as defined in the Family Educational
9 Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the
10 federal regulations issued pursuant thereto, are confidential
11 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
12 Constitution.
13 (2)(a) An agency or institution, as defined in s. 1002.22
14 1002.22(1)(a), or a public school, center, institution, or other
15 entity that is part of Florida’s education system under s.
16 1000.04(1), (3), or (4), may not release a student’s education
17 records without the written consent of the student or parent to
18 any individual, agency, or organization, except in accordance
19 with and as permitted by the FERPA.
20 (b) Education records released by an agency or institution,
21 as defined in s. 1002.22 1002.22(1)(a), or by a public school,
22 center, institution, or other entity that is part of Florida’s
23 education system under s. 1000.04(1), (3), or (4), to the
24 Auditor General or the Office of Program Policy Analysis and
25 Government Accountability, which are necessary for such agencies
26 to perform their official duties and responsibilities, must
27 shall be used and maintained by the Auditor General and the
28 Office of Program Policy Analysis and Government Accountability
29 in accordance with the FERPA.
30 (c)(b) In accordance with FERPA and the federal regulations
31 issued pursuant to FERPA, an agency or institution, as defined
32 in s. 1002.22, or a public school, center, institution, or other
33 entity that is part of Florida’s education system under s.
34 1000.04(1), (3), or (4) may release a student’s education
35 records without written consent of the student or parent to
36 parties to an interagency agreement among the Department of
37 Juvenile Justice, the school, law enforcement authorities, and
38 other signatory agencies. The purpose of such an agreement and
39 information sharing is to reduce juvenile crime, especially
40 motor vehicle theft, by promoting cooperation and collaboration
41 and the sharing of appropriate information in a joint effort to
42 improve school safety, to reduce truancy and in-school and out
43 of-school suspensions, and to support alternatives to in-school
44 and out-of-school suspensions and expulsions, which provide
45 structured and well-supervised educational programs supplemented
46 by a coordinated overlay of other appropriate services designed
47 to correct behaviors that lead to truancy, suspensions, and
48 expulsions and that support students in successfully completing
49 their education. Information provided in furtherance of an
50 interagency agreement is intended solely for use in determining
51 the appropriate programs and services for each juvenile or the
52 juvenile’s family, or for coordinating the delivery of the
53 programs and services, and as such is inadmissible in any court
54 proceeding before a dispositional hearing unless written consent
55 is provided by a parent or other responsible adult on behalf of
56 the juvenile.
57 (3) This section is subject to the Open Government Sunset
58 Review Act in accordance with s. 119.15 and shall stand repealed
59 on October 2, 2014, unless reviewed and saved from repeal
60 through reenactment by the Legislature.
61 Section 2. This act shall take effect October 1, 2014.
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Delete everything before the enacting clause
66 and insert:
67 A bill to be entitled
68 An act relating to a review under the Open Government
69 Sunset Review Act; amending s. 1002.221, F.S.,
70 relating to an exemption from public records
71 requirements for K-12 education records; saving the
72 exemption from repeal under the Open Government Sunset
73 Review Act; deleting provisions to conform; providing
74 an effective date.