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.