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.