Bill Text: FL S0648 | 2014 | Regular Session | Enrolled
Bill Title: OGSR/K-12 Education Records
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-14 - Chapter No. 2014-12 [S0648 Detail]
Download: Florida-2014-S0648-Enrolled.html
ENROLLED 2014 Legislature CS for SB 648 2014648er 1 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 1002.221, F.S., 4 relating to an exemption from public records 5 requirements for K-12 education records; saving the 6 exemption from repeal under the Open Government Sunset 7 Review Act; deleting provisions to conform; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 1002.221, Florida Statutes, is amended 13 to read: 14 1002.221 K-12 education records; public records exemption.— 15 (1) Education records, as defined in the Family Educational 16 Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the 17 federal regulations issued pursuant thereto, are confidential 18 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 19 Constitution. 20 (2)(a) An agency or institution, as defined in s. 1002.22 211002.22(1)(a), or a public school, center, institution, or other22entity that is part of Florida’s education system under s.231000.04(1), (3), or (4), may not release a student’s education 24 records without the written consent of the student or parent to 25 any individual, agency, or organization, except in accordance 26 with and as permitted by the FERPA. 27 (b) Education records released by an agency or institution, 28 as defined in s. 1002.221002.22(1)(a), or by a public school,29center, institution, or other entity that is part of Florida’s30education system under s. 1000.04(1), (3), or (4), to the 31 Auditor General or the Office of Program Policy Analysis and 32 Government Accountability, which are necessary for such agencies 33 to perform their official duties and responsibilities, must 34shallbe used and maintained by the Auditor General and the 35 Office of Program Policy Analysis and Government Accountability 36 in accordance with the FERPA. 37 (c)(b)In accordance with FERPA and the federal regulations 38 issued pursuant to FERPA, an agency or institution, as defined 39 in s. 1002.22,or a public school, center, institution, or other40entity that is part of Florida’s education system under s.411000.04(1), (3), or (4)may release a student’s education 42 records without written consent of the student or parent to 43 parties to an interagency agreement among the Department of 44 Juvenile Justice, the school, law enforcement authorities, and 45 other signatory agencies.The purpose of such an agreement and46information sharing is to reduce juvenile crime, especially47motor vehicle theft, by promoting cooperation and collaboration48and the sharing of appropriate information in a joint effort to49improve school safety, to reduce truancy and in-school and out50of-school suspensions, and to support alternatives to in-school51and out-of-school suspensions and expulsions, which provide52structured and well-supervised educational programs supplemented53by a coordinated overlay of other appropriate services designed54to correct behaviors that lead to truancy, suspensions, and55expulsions and that support students in successfully completing56their 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 Sunset65Review Act in accordance with s. 119.15 and shall stand repealed66on October 2, 2014, unless reviewed and saved from repeal67through reenactment by the Legislature.68 Section 2. This act shall take effect October 1, 2014.