Florida Senate - 2014 SB 648
By Senator Montford
3-00325A-14 2014648__
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 1002.221, F.S., which
4 provides an exemption from public records requirements
5 for education records, as defined in the Family
6 Educational Rights and Privacy Act and related federal
7 regulations; saving the exemption from repeal under
8 the Open Government Sunset Review Act; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 1002.221, Florida Statutes, is amended
14 to read:
15 1002.221 K-12 education records.—
16 (1) Education records, as defined in the Family Educational
17 Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the
18 federal regulations issued pursuant thereto, are confidential
19 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution.
21 (2)(a) An agency, as defined in s. 1002.22(1)(a), or a
22 public school, center, institution, or other entity that is part
23 of Florida’s education system under s. 1000.04(1), (3), or (4),
24 may not release a student’s education records without the
25 written consent of the student or parent to any individual,
26 agency, or organization, except in accordance with and as
27 permitted by the FERPA. Education records released by an agency,
28 as defined in s. 1002.22(1)(a), or by a public school, center,
29 institution, or other entity that is part of Florida’s education
30 system under s. 1000.04(1), (3), or (4), to the Auditor General
31 or the Office of Program Policy Analysis and Government
32 Accountability, which are necessary for such agencies to perform
33 their official duties and responsibilities, shall be used and
34 maintained by the Auditor General and the Office of Program
35 Policy Analysis and Government Accountability in accordance with
36 the FERPA.
37 (b) In accordance with FERPA and the federal regulations
38 issued pursuant to FERPA, an agency, as defined in s. 1002.22,
39 or a public school, center, institution, or other entity that is
40 part of Florida’s education system under s. 1000.04(1), (3), or
41 (4) may release a student’s education records without written
42 consent of the student or parent to parties to an interagency
43 agreement among the Department of Juvenile Justice, the school,
44 law enforcement authorities, and other signatory agencies. The
45 purpose of such an agreement and information sharing is to
46 reduce juvenile crime, especially motor vehicle theft, by
47 promoting cooperation and collaboration and the sharing of
48 appropriate information in a joint effort to improve school
49 safety, to reduce truancy and in-school and out-of-school
50 suspensions, and to support alternatives to in-school and out
51 of-school suspensions and expulsions, which provide structured
52 and well-supervised educational programs supplemented by a
53 coordinated overlay of other appropriate services designed to
54 correct behaviors that lead to truancy, suspensions, and
55 expulsions and that support students in successfully completing
56 their education. Information provided in furtherance of an
57 interagency agreement is intended solely for use in determining
58 the appropriate programs and services for each juvenile or the
59 juvenile’s family, or for coordinating the delivery of the
60 programs and services, and as such is inadmissible in any court
61 proceeding before a dispositional hearing unless written consent
62 is provided by a parent or other responsible adult on behalf of
63 the juvenile.
64 (3) This section is subject to the Open Government Sunset
65 Review Act in accordance with s. 119.15 and shall stand repealed
66 on October 2, 2014, unless reviewed and saved from repeal
67 through reenactment by the Legislature.
68 Section 2. This act shall take effect October 1, 2014.