Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 2374
       
       
       
       
       
                                Barcode 359652                          
       
       581-03265-09                                                    
       Proposed Committee Substitute by the Committee on Education Pre
       K - 12
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         1002.221, F.S.; providing an exemption from public
    4         records requirements for K-12 education records held
    5         by an agency, public school, center, institution, or
    6         other entity that is part of the state’s education
    7         system; providing exceptions to the exemption;
    8         providing for future legislative review and repeal of
    9         the exemption under the Open Government Sunset Review
   10         Act; amending s. 1006.52, F.S.; expanding the
   11         exemption from public-records requirements for records
   12         of students in public postsecondary educational
   13         institutions to include education records and
   14         applicant records; providing requirements for the
   15         release, use, and maintenance of education records;
   16         providing for future legislative review and repeal of
   17         the exemption under the Open Government Sunset Review
   18         Act; providing legislative findings; providing a
   19         statement of public necessity; providing a contingent
   20         effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1.  Section 1. Section 1002.221, Florida Statutes,
   25  is created to read:
   26         1002.221K-12 education records.—
   27         (1)Education records, as defined in the Family Educational
   28  Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the
   29  federal regulations issued pursuant thereto, are confidential
   30  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution.
   32         (2)An agency, as defined in s. 1002.22(1)(a), or a public
   33  school, center, institution, or other entity that is part of
   34  Florida’s education system under s. 1000.04(1), (3), or (4), may
   35  not release a student’s education records without the written
   36  consent of the student or parent to any individual, agency, or
   37  organization, except in accordance with and as permitted by the
   38  FERPA. Education records released by an agency, as defined in s.
   39  1002.22(1)(a), or by a public school, center, institution, or
   40  other entity that is part of Florida’s education system under s.
   41  1000.04 (1), (3), or (4), to the Auditor General or the Office
   42  of Program Policy Analysis and Government Accountability, which
   43  are necessary for such agencies to perform their official duties
   44  and responsibilities, shall be used and maintained by the
   45  Auditor General and the Office of Program Policy Analysis and
   46  Government Accountability in accordance with the FERPA.
   47         (3)This section is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15, and shall stand
   49  repealed on October 2, 2014, unless reviewed and saved from
   50  repeal through reenactment by the Legislature.
   51         Section 2. Section 1006.52, Florida Statutes, is amended to
   52  read:
   53         1006.52 Education Student records and applicant records.—
   54         (1) Each public postsecondary educational institution
   55  university may prescribe the content and custody of records that
   56  and reports which the institution university may maintain on its
   57  students and applicants for admission. A student’s education
   58  Such records, as defined in the Family Educational Rights and
   59  Privacy Act (FERPA), 20 U.S.C. s. 1232g, and the federal
   60  regulations issued pursuant thereto, and applicant records are
   61  confidential and exempt from the provisions of s. 119.07(1) and
   62  s. 24(a), Art. I of the State Constitution are open to
   63  inspection only as provided in s. 1002.22. For the purpose of
   64  this subsection, applicant records shall be considered to be
   65  records that are:
   66         (a)Directly related to an applicant for admission to a
   67  public postsecondary institution who has not been in attendance
   68  at the institution; and
   69         (b)Maintained by a public postsecondary institution or by
   70  a party acting on behalf of the public postsecondary
   71  institution.
   72         (2)A public postsecondary educational institution may not
   73  release a student’s education records without the written
   74  consent of the student to any individual, agency, or
   75  organization, except in accordance with and as permitted by the
   76  FERPA. Education records released by public postsecondary
   77  educational institutions to the Auditor General or the Office of
   78  Program Policy Analysis and Government Accountability, which are
   79  necessary for such agencies to perform their official duties and
   80  responsibilities, shall be used and maintained by the Auditor
   81  General and the Office of Program Policy Analysis and Government
   82  Accountability in accordance with the FERPA.
   83         (3)This section is subject to the Open Government Sunset
   84  Review Act in accordance with s. 119.15, and shall stand
   85  repealed on October 2, 2014, unless reviewed and saved from
   86  repeal through reenactment by the Legislature.
   87         (2)Rules of the State Board of Education may prescribe the
   88  content and custody of records and reports which a community
   89  college may maintain on its students. Such records are
   90  confidential and exempt from s. 119.07(1) and are open to
   91  inspection only as provided in s. 1002.22.
   92         Section 3. (1)The Legislature finds that it is a public
   93  necessity to continue to make confidential and exempt from
   94  disclosure education records, as defined in the Family
   95  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
   96  and the federal regulations issued pursuant thereto, which are
   97  maintained by public postsecondary educational institutions or
   98  persons acting for such institutions. The state has historically
   99  protected education records from public disclosure and continues
  100  to provide for the confidential and exempt nature of education
  101  records; however, the state does not currently conform to the
  102  federal definition of education records, which is more inclusive
  103  than the state law. Such inconsistency may result in
  104  noncompliance with federal law, for which public educational
  105  institutions could be sanctioned by the loss of all federal
  106  funds received from the United States Department of Education.
  107         (2)The Legislature finds that it is a public necessity
  108  that student applicant records held by public postsecondary
  109  educational institutions be made confidential and exempt in
  110  accordance with public-records requirements. Student applicant
  111  records maintained by public postsecondary educational
  112  institutions may include, but are not limited to, academic
  113  transcripts, test scores, records of disciplinary proceedings,
  114  disability and health records, and other records that are
  115  protected from disclosure under state and federal law. An
  116  exemption for student applicant records is necessary because the
  117  release of certain information from the records of students who
  118  are not admitted to or who do not enroll in an institution would
  119  negatively affect the applicant’s privacy interests in their
  120  education records, which are already confidential and exempt as
  121  maintained by the transmitting educational institutions. The
  122  Legislature finds that the private and confidential nature of
  123  the records of an applicant who is not accepted for admission or
  124  who otherwise does not enroll in an institution is identical to
  125  the records of an enrolled student, which are confidential and
  126  exempt from public-records requirements. The Legislature further
  127  finds that the release of an applicant’s records to the public
  128  would harm the applicant’s ability to protect his or her
  129  personal and education records and could result in identity
  130  theft and hinder applicants from providing truthful and complete
  131  information during the admission process.
  132         (3)The Legislature finds that the public and private harm
  133  in disclosing personal and educational information contained in
  134  public postsecondary applicant records significantly outweighs
  135  any public benefit derived from disclosure and that the
  136  exemption of public postsecondary applicant records from public
  137  disclosure will enhance the ability of applicants and public
  138  postsecondary educational institutions to protect the privacy
  139  rights that otherwise attach to such information outside the
  140  admission process.
  141         (4)Public disclosure of a public school student’s
  142  educational information, especially sensitive information,
  143  including, but not limited to, academic achievement, diagnostic
  144  tests, and the existence of mental and physical disabilities,
  145  would significantly inhibit the educational process, the
  146  functions of the school, and the ability of parents to oversee
  147  their children’s education. Although the Legislature has
  148  historically provided for significant mandatory disclosure and
  149  public reporting of information on student achievement and other
  150  factors, the disclosure and public reporting are released in
  151  aggregate form and do not personally identify students or
  152  disclose their education records.
  153         (5)The Legislature finds that in order to comply with the
  154  applicable federal requirements regarding the collection, use,
  155  and release of education records, such records must be made
  156  confidential and exempt from public disclosure. Therefore, the
  157  Legislature finds that state law must be updated to maintain
  158  consistency with federal requirements, including newly
  159  promulgated exemptions to public disclosure.
  160         Section 4. This act shall take effect on the same date that
  161  Senate Bill 2426, or similar legislation takes effect, if such
  162  legislation is adopted in the same legislative session or an
  163  extension thereof and becomes law.