Senate Bill 2250er

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  2         An act relating to public records; amending s.

  3         228.093, F.S.; providing access to student

  4         records by school readiness coalitions and the

  5         Florida Partnership for School Readiness;

  6         amending s. 402.3015, F.S.; providing an

  7         exemption from public-records requirements for

  8         records of children in subsidized child-care

  9         programs; providing exceptions; providing for

10         future review and repeal; providing a finding

11         of public necessity; creating s. 411.011, F.S.;

12         providing an exemption from public-records

13         requirements for records of children in school

14         readiness programs; providing exceptions;

15         providing for future review and repeal;

16         providing a finding of public necessity;

17         providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Paragraph (d) of subsection (3) of section

22  228.093, Florida Statutes, is amended to read:

23         228.093  Pupil and student records and reports; rights

24  of parents, guardians, pupils, and students; notification;

25  penalty.--

26         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR

27  STUDENT.--The parent or guardian of any pupil or student who

28  attends or has attended any public school, area

29  vocational-technical training center, community college, or

30  institution of higher education in the State University System

31  shall have the following rights with respect to any records or


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  1  reports created, maintained, and used by any public

  2  educational institution in the state.  However, whenever a

  3  pupil or student has attained 18 years of age, or is attending

  4  an institution of postsecondary education, the permission or

  5  consent required of, and the rights accorded to, the parents

  6  of the pupil or student shall thereafter be required of and

  7  accorded to the pupil or student only, unless the pupil or

  8  student is a dependent pupil or student of such parents as

  9  defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue

10  Code of 1954). The State Board of Education shall formulate,

11  adopt, and promulgate rules whereby parents, guardians,

12  pupils, or students may exercise these rights:

13         (d)  Right of privacy.--Every pupil or student shall

14  have a right of privacy with respect to the educational

15  records kept on him or her. Personally identifiable records or

16  reports of a pupil or student, and any personal information

17  contained therein, are confidential and exempt from the

18  provisions of s. 119.07(1).  No state or local educational

19  agency, board, public school, area technical center, community

20  college, or institution of higher education in the State

21  University System shall permit the release of such records,

22  reports, or information without the written consent of the

23  pupil's or student's parent or guardian, or of the pupil or

24  student himself or herself if he or she is qualified as

25  provided in this subsection, to any individual, agency, or

26  organization.  However, personally identifiable records or

27  reports of a pupil or student may be released to the following

28  persons or organizations without the consent of the pupil or

29  the pupil's parent:

30         1.  Officials of schools, school systems, area

31  technical centers, community colleges, or institutions of


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  1  higher learning in which the pupil or student seeks or intends

  2  to enroll; and a copy of such records or reports shall be

  3  furnished to the parent, guardian, pupil, or student upon

  4  request.

  5         2.  Other school officials, including teachers within

  6  the educational institution or agency, who have legitimate

  7  educational interests in the information contained in the

  8  records.

  9         3.  The United States Secretary of Education, the

10  Director of the National Institute of Education, the Assistant

11  Secretary for Education, the Comptroller General of the United

12  States, or state or local educational authorities who are

13  authorized to receive such information subject to the

14  conditions set forth in applicable federal statutes and

15  regulations of the United States Department of Education, or

16  in applicable state statutes and rules of the State Board of

17  Education.

18         4.  Other school officials, in connection with a

19  pupil's or student's application for or receipt of financial

20  aid.

21         5.  Individuals or organizations conducting studies for

22  or on behalf of an institution or a board of education for the

23  purpose of developing, validating, or administering predictive

24  tests, administering pupil or student aid programs, or

25  improving instruction, if such studies are conducted in such a

26  manner as will not permit the personal identification of

27  pupils or students and their parents by persons other than

28  representatives of such organizations and if such information

29  will be destroyed when no longer needed for the purpose of

30  conducting such studies.

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  1         6.  Accrediting organizations, in order to carry out

  2  their accrediting functions.

  3         7.  School readiness coalitions and the Florida

  4  Partnership for School Readiness in order to carry out their

  5  assigned duties.

  6         8.7.  For use as evidence in pupil or student expulsion

  7  hearings conducted by a district school board pursuant to the

  8  provisions of chapter 120.

  9         9.8.  Appropriate parties in connection with an

10  emergency, if knowledge of the information in the pupil's or

11  student's educational records is necessary to protect the

12  health or safety of the pupil, student, or other individuals.

13         10.9.  The Auditor General in connection with his or

14  her official functions; however, except when the collection of

15  personally identifiable information is specifically authorized

16  by law, any data collected by the Auditor General is

17  confidential and exempt from the provisions of s. 119.07(1)

18  and shall be protected in such a way as will not permit the

19  personal identification of students and their parents by other

20  than the Auditor General and his or her staff, and such

21  personally identifiable data shall be destroyed when no longer

22  needed for the Auditor General's official use.

23         11.a.10.a.  A court of competent jurisdiction in

24  compliance with an order of that court or the attorney of

25  record pursuant to a lawfully issued subpoena, upon the

26  condition that the pupil or student and the pupil's or

27  student's parent are notified of the order or subpoena in

28  advance of compliance therewith by the educational institution

29  or agency.

30         b.  A person or entity pursuant to a court of competent

31  jurisdiction in compliance with an order of that court or the


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  1  attorney of record pursuant to a lawfully issued subpoena,

  2  upon the condition that the pupil or student, or his or her

  3  parent if the pupil or student is either a minor and not

  4  attending an institution of postsecondary education or a

  5  dependent of such parent as defined in 26 U.S.C. s. 152 (s.

  6  152 of the Internal Revenue Code of 1954), is notified of the

  7  order or subpoena in advance of compliance therewith by the

  8  educational institution or agency.

  9         12.11.  Credit bureaus, in connection with an agreement

10  for financial aid which the student has executed, provided

11  that such information may be disclosed only to the extent

12  necessary to enforce the terms or conditions of the financial

13  aid agreement. Credit bureaus shall not release any

14  information obtained pursuant to this paragraph to any person.

15         13.12.  Parties to an interagency agreement among the

16  Department of Juvenile Justice, school and law enforcement

17  authorities, and other signatory agencies for the purpose of

18  reducing juvenile crime and especially motor vehicle theft by

19  promoting cooperation and collaboration, and the sharing of

20  appropriate information in a joint effort to improve school

21  safety, to reduce truancy, in-school and out-of-school

22  suspensions, to support alternatives to in-school and

23  out-of-school suspensions and expulsions that provide

24  structured and well-supervised educational programs

25  supplemented by a coordinated overlay of other appropriate

26  services designed to correct behaviors that lead to truancy,

27  suspensions, and expulsions, and which support students in

28  successfully completing their education.  Information provided

29  in furtherance of such interagency agreements is intended

30  solely for use in determining the appropriate programs and

31  services for each juvenile or the juvenile's family, or for


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  1  coordinating the delivery of such programs and services, and

  2  as such is inadmissible in any court proceedings prior to a

  3  dispositional hearing unless written consent is provided by a

  4  parent, guardian, or other responsible adult on behalf of the

  5  juvenile.

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  7  This paragraph does not prohibit any educational institution

  8  from publishing and releasing to the general public directory

  9  information relating to a pupil or student if the institution

10  elects to do so.  However, no educational institution shall

11  release, to any individual, agency, or organization which is

12  not listed in subparagraphs 1.-13. 1.-11., directory

13  information relating to the student body in general or a

14  portion thereof unless it is normally published for the

15  purpose of release to the public in general.  Any educational

16  institution making directory information public shall give

17  public notice of the categories of information which it has

18  designated as directory information with respect to all pupils

19  or students attending the institution and shall allow a

20  reasonable period of time after such notice has been given for

21  a parent, guardian, pupil, or student to inform the

22  institution in writing that any or all of the information

23  designated should not be released.

24         Section 2.  Subsection (10) is added to section

25  402.3015, Florida Statutes, to read:

26         402.3015  Subsidized child care program; purpose; fees;

27  contracts.--

28         (10)  The individual records of children enrolled in

29  subsidized child-care programs are confidential and are exempt

30  from the provisions of s. 119.07 and s. 24(a), Art. I of the

31  State Constitution. For the purposes of this subsection,


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  1  records include assessment data, health data, records of

  2  teacher observations, and identifying data, including the

  3  child's social security number. A parent, guardian, or

  4  individual acting as a parent in the absence of a parent or

  5  guardian, has the right to inspect and review the individual

  6  subsidized child-care record of his or her child and to obtain

  7  a copy of the record. The school readiness coalition and the

  8  Florida Partnership for School Readiness shall have access to

  9  individual children's records necessary to carry out their

10  assigned duties under ss. 411.01 and 216.136. This exemption

11  is subject to the Open Government Sunset Review Act of 1995 in

12  accordance with s. 119.15 and shall stand repealed on October

13  2, 2005, unless reviewed and saved from repeal through

14  reenactment by the Legislature.

15         Section 3.  Section 411.011, Florida Statutes, is

16  created to read:

17         411.011  Records of children in school readiness

18  programs.--The individual records of children enrolled in

19  school readiness programs provided under s. 411.01, when held

20  in the possession of the school readiness coalition or the

21  Florida Partnership for School Readiness, are confidential and

22  exempt from the provisions of s. 119.07 and s. 24(a), Art. I

23  of the State Constitution. For the purposes of this section,

24  records include assessment data, health data, records of

25  teacher observations, and identifying data, including the

26  child's social security number. A parent, guardian, or

27  individual acting as a parent in the absence of a parent or

28  guardian has the right to inspect and review the individual

29  school readiness program record of his or her child and to

30  obtain a copy of the record. School readiness records may be

31  released to the United States Secretary of Education, the


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  1  United States Secretary of Health and Human Services, and the

  2  Comptroller General of the United States for the purpose of

  3  federal audits; to individuals or organizations conducting

  4  studies for institutions to develop, validate, or administer

  5  assessments or improve instruction; to accrediting

  6  organizations in order to carry out their accrediting

  7  functions; to appropriate parties in connection with an

  8  emergency if the information is necessary to protect the

  9  health or safety of the student or other individuals; to the

10  Auditor General in connection with his or her official

11  functions; to a court of competent jurisdiction in compliance

12  with an order of that court pursuant to a lawfully issued

13  subpoena; and to parties to an interagency agreement among

14  school readiness coalitions, local governmental agencies,

15  providers of school readiness programs, state agencies, and

16  the Florida Partnership for School Readiness for the purpose

17  of implementing the school readiness program. Agencies,

18  organizations, or individuals that receive school readiness

19  records in order to carry out their official functions must

20  protect the data in a manner that will not permit the personal

21  identification of students and their parents by persons other

22  than those authorized to receive the records. This section is

23  subject to the Open Government Sunset Review Act of 1995 in

24  accordance with s. 119.15 and shall stand repealed on October

25  2, 2005, unless reviewed and saved from repeal through

26  reenactment by the Legislature.

27         Section 4.  The Legislature finds that the exemptions

28  from the public records law provided in sections 2 and 3 of

29  this act are a public necessity in order to ensure the privacy

30  of individual children in school readiness programs and

31  subsidized child-care programs.


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  1         Section 5.  This act shall take effect upon becoming a

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