SENATE AMENDMENT
    Bill No. CS for SB 1018   Barcode 935318
    Amendment No. ___
                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 21, line 9,
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16  insert:  
17         Section 4.  Paragraph (d) of subsection (3) of s.
18  228.093, Florida Statutes, is amended to read:
19         228.093  Pupil and student records and reports; rights
20  of parents, guardians, pupils, and students; notification;
21  penalty.--
22         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR
23  STUDENT.--The parent or guardian of any pupil or student who
24  attends or has attended any public school, area
25  vocational-technical training center, community college, or
26  institution of higher education in the State University System
27  shall have the following rights with respect to any records or
28  reports created, maintained, and used by any public
29  educational institution in the state.  However, whenever a
30  pupil or student has attained 18 years of age, or is attending
31  an institution of postsecondary education, the permission or
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    3:43 PM   03/20/01                               s1018.ed27.1b

SENATE AMENDMENT Bill No. CS for SB 1018 Barcode 935318 Amendment No. ___ 1 consent required of, and the rights accorded to, the parents 2 of the pupil or student shall thereafter be required of and 3 accorded to the pupil or student only, unless the pupil or 4 student is a dependent pupil or student of such parents as 5 defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue 6 Code of 1954). The State Board of Education shall formulate, 7 adopt, and promulgate rules whereby parents, guardians, 8 pupils, or students may exercise these rights: 9 (d) Right of privacy.--Every pupil or student shall 10 have a right of privacy with respect to the educational 11 records kept on him or her. Personally identifiable records or 12 reports of a pupil or student, and any personal information 13 contained therein, are confidential and exempt from the 14 provisions of s. 119.07(1). No state or local educational 15 agency, board, public school, area technical center, community 16 college, or institution of higher education in the State 17 University System shall permit the release of such records, 18 reports, or information without the written consent of the 19 pupil's or student's parent or guardian, or of the pupil or 20 student himself or herself if he or she is qualified as 21 provided in this subsection, to any individual, agency, or 22 organization. However, personally identifiable records or 23 reports of a pupil or student may be released to the following 24 persons or organizations without the consent of the pupil or 25 the pupil's parent: 26 1. Officials of schools, school systems, area 27 technical centers, community colleges, or institutions of 28 higher learning in which the pupil or student seeks or intends 29 to enroll; and a copy of such records or reports shall be 30 furnished to the parent, guardian, pupil, or student upon 31 request. 2 3:43 PM 03/20/01 s1018.ed27.1b
SENATE AMENDMENT Bill No. CS for SB 1018 Barcode 935318 Amendment No. ___ 1 2. Other school officials, including teachers within 2 the educational institution or agency, who have legitimate 3 educational interests in the information contained in the 4 records. 5 3. The United States Secretary of Education, the 6 Director of the National Institute of Education, the Assistant 7 Secretary for Education, the Comptroller General of the United 8 States, or state or local educational authorities who are 9 authorized to receive such information subject to the 10 conditions set forth in applicable federal statutes and 11 regulations of the United States Department of Education, or 12 in applicable state statutes and rules of the State Board of 13 Education. 14 4. Other school officials, in connection with a 15 pupil's or student's application for or receipt of financial 16 aid. 17 5. Individuals or organizations conducting studies for 18 or on behalf of an institution or a board of education for the 19 purpose of developing, validating, or administering predictive 20 tests, administering pupil or student aid programs, or 21 improving instruction, if such studies are conducted in such a 22 manner as will not permit the personal identification of 23 pupils or students and their parents by persons other than 24 representatives of such organizations and if such information 25 will be destroyed when no longer needed for the purpose of 26 conducting such studies. 27 6. Accrediting organizations, in order to carry out 28 their accrediting functions. 29 7. School readiness coalitions and the Florida 30 Partnership for School Readiness in order to carry out their 31 assigned duties. 3 3:43 PM 03/20/01 s1018.ed27.1b
SENATE AMENDMENT Bill No. CS for SB 1018 Barcode 935318 Amendment No. ___ 1 8. Learning Gateway programs and the Learning Gateway 2 steering committee in order to carry out their assigned 3 duties. 4 98. For use as evidence in pupil or student expulsion 5 hearings conducted by a district school board pursuant to the 6 provisions of chapter 120. 7 109. Appropriate parties in connection with an 8 emergency, if knowledge of the information in the pupil's or 9 student's educational records is necessary to protect the 10 health or safety of the pupil, student, or other individuals. 11 1110. The Auditor General in connection with his or 12 her official functions; however, except when the collection of 13 personally identifiable information is specifically authorized 14 by law, any data collected by the Auditor General is 15 confidential and exempt from the provisions of s. 119.07(1) 16 and shall be protected in such a way as will not permit the 17 personal identification of students and their parents by other 18 than the Auditor General and his or her staff, and such 19 personally identifiable data shall be destroyed when no longer 20 needed for the Auditor General's official use. 21 1211.a. A court of competent jurisdiction in 22 compliance with an order of that court or the attorney of 23 record pursuant to a lawfully issued subpoena, upon the 24 condition that the pupil or student and the pupil's or 25 student's parent are notified of the order or subpoena in 26 advance of compliance therewith by the educational institution 27 or agency. 28 b. A person or entity pursuant to a court of competent 29 jurisdiction in compliance with an order of that court or the 30 attorney of record pursuant to a lawfully issued subpoena, 31 upon the condition that the pupil or student, or his or her 4 3:43 PM 03/20/01 s1018.ed27.1b
SENATE AMENDMENT Bill No. CS for SB 1018 Barcode 935318 Amendment No. ___ 1 parent if the pupil or student is either a minor and not 2 attending an institution of postsecondary education or a 3 dependent of such parent as defined in 26 U.S.C. s. 152 (s. 4 152 of the Internal Revenue Code of 1954), is notified of the 5 order or subpoena in advance of compliance therewith by the 6 educational institution or agency. 7 1312. Credit bureaus, in connection with an agreement 8 for financial aid which the student has executed, provided 9 that such information may be disclosed only to the extent 10 necessary to enforce the terms or conditions of the financial 11 aid agreement. Credit bureaus shall not release any 12 information obtained pursuant to this paragraph to any person. 13 1413. Parties to an interagency agreement among the 14 Department of Juvenile Justice, school and law enforcement 15 authorities, and other signatory agencies for the purpose of 16 reducing juvenile crime and especially motor vehicle theft by 17 promoting cooperation and collaboration, and the sharing of 18 appropriate information in a joint effort to improve school 19 safety, to reduce truancy, in-school and out-of-school 20 suspensions, to support alternatives to in-school and 21 out-of-school suspensions and expulsions that provide 22 structured and well-supervised educational programs 23 supplemented by a coordinated overlay of other appropriate 24 services designed to correct behaviors that lead to truancy, 25 suspensions, and expulsions, and which support students in 26 successfully completing their education. Information provided 27 in furtherance of such interagency agreements is intended 28 solely for use in determining the appropriate programs and 29 services for each juvenile or the juvenile's family, or for 30 coordinating the delivery of such programs and services, and 31 as such is inadmissible in any court proceedings prior to a 5 3:43 PM 03/20/01 s1018.ed27.1b
SENATE AMENDMENT Bill No. CS for SB 1018 Barcode 935318 Amendment No. ___ 1 dispositional hearing unless written consent is provided by a 2 parent, guardian, or other responsible adult on behalf of the 3 juvenile. 4 5 This paragraph does not prohibit any educational institution 6 from publishing and releasing to the general public directory 7 information relating to a pupil or student if the institution 8 elects to do so. However, no educational institution shall 9 release, to any individual, agency, or organization which is 10 not listed in subparagraphs 1.-13., directory information 11 relating to the student body in general or a portion thereof 12 unless it is normally published for the purpose of release to 13 the public in general. Any educational institution making 14 directory information public shall give public notice of the 15 categories of information which it has designated as directory 16 information with respect to all pupils or students attending 17 the institution and shall allow a reasonable period of time 18 after such notice has been given for a parent, guardian, 19 pupil, or student to inform the institution in writing that 20 any or all of the information designated should not be 21 released. 22 23 (Redesignate subsequent sections.) 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 10, after the semicolon 29 30 insert: 31 amending s. 228.093, F.S.; providing access to 6 3:43 PM 03/20/01 s1018.ed27.1b
SENATE AMENDMENT Bill No. CS for SB 1018 Barcode 935318 Amendment No. ___ 1 student records by Learning Gateway programs 2 and the Learning Gateway steering committee; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 3:43 PM 03/20/01 s1018.ed27.1b