Florida Senate - 2014                              CS for SB 188
       By the Committee on Education; and Senators Hukill, Negron,
       Bradley, Simpson, Flores, Brandes, and Stargel
       581-01636-14                                           2014188c1
    1                        A bill to be entitled                      
    2         An act relating to education data privacy; amending s.
    3         1002.22, F.S.; providing for annual notice to K-12
    4         students and parents of rights relating to education
    5         records; revising provisions relating to remedy in
    6         circuit court with respect to education records and
    7         reports of students and parents; creating s. 1002.222,
    8         F.S.; providing limitations on the collection of
    9         information and the disclosure of confidential and
   10         exempt student records; defining the term “biometric
   11         information”; authorizing fees; amending s. 1008.386,
   12         F.S.; revising provisions relating to the submission
   13         of student social security numbers and the assignment
   14         of student identification numbers; requiring the
   15         Department of Education to establish a process for
   16         assigning student identification numbers; amending s.
   17         1011.622, F.S.; conforming provisions; providing an
   18         effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (e) of subsection (2) and subsection
   23  (4) of section 1002.22, Florida Statutes, are amended to read:
   24         1002.22 Education records and reports of K-12 students;
   25  rights of parents and students; notification; penalty.—
   26         (2) RIGHTS OF STUDENTS AND PARENTS.—The rights of students
   27  and their parents with respect to education records created,
   28  maintained, or used by public educational institutions and
   29  agencies shall be protected in accordance with the Family
   30  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
   31  the implementing regulations issued pursuant thereto, and this
   32  section. In order to maintain the eligibility of public
   33  educational institutions and agencies to receive federal funds
   34  and participate in federal programs, the State Board of
   35  Education shall comply with the FERPA after the board has
   36  evaluated and determined that the FERPA is consistent with the
   37  following principles:
   38         (e) Students and their parents shall receive annual notice
   39  of their rights with respect to education records.
   40         (4) PENALTY.—If any official or employee of an institution
   41  refuses to comply with this section, the aggrieved parent or
   42  student has an immediate right to bring an action in circuit
   43  court to enforce his or her rights by injunction. Any aggrieved
   44  parent or student who receives injunctive relief brings such
   45  action and whose rights are vindicated may be awarded attorney
   46  attorney’s fees and court costs.
   47         Section 2. Section 1002.222, Florida Statutes, is created
   48  to read:
   49         1002.222 Limitations on collection of information and
   50  disclosure of confidential and exempt student records.—
   51         (1) An agency or institution as defined in s. 1002.22(1)
   52  may not:
   53         (a) Collect, obtain, or retain information on the political
   54  affiliation, voting history, religious affiliation, or biometric
   55  information of a student or a parent or sibling of the student.
   56  For purposes of this subsection, the term “biometric
   57  information” means information collected from the electronic
   58  measurement or evaluation of any physical or behavioral
   59  characteristics that are attributable to a single person,
   60  including fingerprint characteristics, hand characteristics, eye
   61  characteristics, vocal characteristics, and any other physical
   62  characteristics used for the purpose of electronically
   63  identifying that person with a high degree of certainty.
   64  Examples of biometric information include, but are not limited
   65  to, a fingerprint or hand scan, a retina or iris scan, a voice
   66  print, or a facial geometry scan.
   67         (b) Provide education records made confidential and exempt
   68  by s. 1002.221 or federal law to:
   69         1. A person as defined in s. 1.01(3) except when authorized
   70  by s. 1002.221 or in response to a lawfully issued subpoena or
   71  court order;
   72         2. A public body, body politic, or political subdivision as
   73  defined in s. 1.01(8) except when authorized by s. 1002.221 or
   74  in response to a lawfully issued subpoena or court order; or
   75         3. An agency of the Federal Government except when
   76  authorized by s. 1002.221, required by federal law, or in
   77  response to a lawfully issued subpoena or court order.
   78         (2) The governing board of an agency or institution may
   79  only designate information as directory information in
   80  accordance with 20 U.S.C. s. 1232g and applicable federal
   81  regulations. Such designation must occur at a regularly
   82  scheduled meeting of the governing board. The governing board of
   83  an agency or institution must consider whether designation of
   84  such information would put students at risk of becoming targets
   85  of marketing campaigns, the media, or criminal acts. An agency
   86  or institution may charge fees for copies of designated
   87  directory information as provided in s. 119.07(4).
   88         Section 3. Section 1008.386, Florida Statutes, is amended
   89  to read:
   90         1008.386 Florida Social security numbers used as student
   91  identification numbers.—
   92         (1)When a student enrolls in a public school in this
   93  state, the Each district school board shall request that the
   94  each student enrolled in a public school in this state provide
   95  his or her social security number and shall indicate whether the
   96  student identification number assigned to the student is a
   97  social security number. A student satisfies this requirement by
   98  presenting his or her social security card or a copy of the card
   99  to a school enrollment official. Each school district shall use
  100  social security numbers as student identification numbers in the
  101  management information system maintained by the school district.
  102  However, a student is not required to provide his or her social
  103  security number as a condition for enrollment or graduation. A
  104  student satisfies this requirement by presenting to school
  105  enrollment officials his or her social security card or a copy
  106  of the card. The school district shall include the social
  107  security number in the student’s permanent records and shall
  108  indicate if the student identification number is not a social
  109  security number. The Commissioner of Education shall assist
  110  provide assistance to school districts with to assure that the
  111  assignment of student identification numbers other than social
  112  security numbers is kept to a minimum and to avoid duplication
  113  of any student identification number.
  114         (2) The department shall establish a process for assigning
  115  a Florida student identification number to each student in the
  116  state, at which time a school district may not use social
  117  security numbers as student identification numbers in its
  118  management information systems.
  119         (3) The State Board of Education may adopt rules to
  120  implement this section.
  121         Section 4. Section 1011.622, Florida Statutes, is amended
  122  to read:
  123         1011.622 Adjustments for students without a Florida common
  124  student identification number identifier.—The Florida Education
  125  Finance Program funding calculations, including the calculations
  126  authorized in ss. 1011.62, 1011.67, 1011.68, and 1011.685, shall
  127  include funding for a student only when all of the student’s
  128  records are reported to the Department of Education under a
  129  Florida common student identification number identifier. The
  130  State Board of Education may adopt rules pursuant to ss.
  131  120.536(1) and 120.54 to implement this section.
  132         Section 5. This act shall take effect upon becoming a law.