2014 Legislature                            CS for CS for SB 188
    2         An act relating to education data privacy; amending s.
    3         1002.22, F.S.; providing for annual notice to K-12
    4         students and parents of rights relating to education
    5         records; revising provisions relating to remedy in
    6         circuit court with respect to education records and
    7         reports of students and parents; creating s. 1002.222,
    8         F.S.; providing limitations on the collection of
    9         information and the disclosure of confidential and
   10         exempt student records; defining the term “biometric
   11         information”; providing an exception; authorizing
   12         fees; amending s. 1008.386, F.S.; revising provisions
   13         relating to the submission of student social security
   14         numbers and the assignment of student identification
   15         numbers; requiring the Department of Education to
   16         establish a process for assigning student
   17         identification numbers; amending s. 1011.622, F.S.;
   18         conforming provisions; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (e) of subsection (2) and subsection
   23  (4) of section 1002.22, Florida Statutes, are amended to read:
   24         1002.22 Education records and reports of K-12 students;
   25  rights of parents and students; notification; penalty.—
   26         (2) RIGHTS OF STUDENTS AND PARENTS.—The rights of students
   27  and their parents with respect to education records created,
   28  maintained, or used by public educational institutions and
   29  agencies shall be protected in accordance with the Family
   30  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
   31  the implementing regulations issued pursuant thereto, and this
   32  section. In order to maintain the eligibility of public
   33  educational institutions and agencies to receive federal funds
   34  and participate in federal programs, the State Board of
   35  Education shall comply with the FERPA after the board has
   36  evaluated and determined that the FERPA is consistent with the
   37  following principles:
   38         (e) Students and their parents shall receive annual notice
   39  of their rights with respect to education records.
   40         (4) PENALTY.—If any official or employee of an institution
   41  refuses to comply with this section, the aggrieved parent or
   42  student has an immediate right to bring an action in circuit
   43  court to enforce his or her rights by injunction. Any aggrieved
   44  parent or student who receives injunctive relief brings such
   45  action and whose rights are vindicated may be awarded attorney
   46  attorney’s fees and court costs.
   47         Section 2. Section 1002.222, Florida Statutes, is created
   48  to read:
   49         1002.222 Limitations on collection of information and
   50  disclosure of confidential and exempt student records.—
   51         (1) An agency or institution as defined in s. 1002.22(1)
   52  may not:
   53         (a) Collect, obtain, or retain information on the political
   54  affiliation, voting history, religious affiliation, or biometric
   55  information of a student or a parent or sibling of the student.
   56  For purposes of this subsection, the term “biometric
   57  information” means information collected from the electronic
   58  measurement or evaluation of any physical or behavioral
   59  characteristics that are attributable to a single person,
   60  including fingerprint characteristics, hand characteristics, eye
   61  characteristics, vocal characteristics, and any other physical
   62  characteristics used for the purpose of electronically
   63  identifying that person with a high degree of certainty.
   64  Examples of biometric information include, but are not limited
   65  to, a fingerprint or hand scan, a retina or iris scan, a voice
   66  print, or a facial geometry scan.
   68  Notwithstanding the provisions of this paragraph, a school
   69  district that used a palm scanner system for identifying
   70  students for breakfast and lunch programs on March 1, 2014, may
   71  continue to use the palm scanner system through the 2014-2015
   72  school year.
   73         (b) Provide education records made confidential and exempt
   74  by s. 1002.221 or federal law to:
   75         1. A person as defined in s. 1.01(3) except when authorized
   76  by s. 1002.221 or in response to a lawfully issued subpoena or
   77  court order;
   78         2. A public body, body politic, or political subdivision as
   79  defined in s. 1.01(8) except when authorized by s. 1002.221 or
   80  in response to a lawfully issued subpoena or court order; or
   81         3. An agency of the Federal Government except when
   82  authorized by s. 1002.221, required by federal law, or in
   83  response to a lawfully issued subpoena or court order.
   84         (2) The governing board of an agency or institution may
   85  only designate information as directory information in
   86  accordance with 20 U.S.C. s. 1232g and applicable federal
   87  regulations. Such designation must occur at a regularly
   88  scheduled meeting of the governing board. The governing board of
   89  an agency or institution must consider whether designation of
   90  such information would put students at risk of becoming targets
   91  of marketing campaigns, the media, or criminal acts. An agency
   92  or institution may charge fees for copies of designated
   93  directory information as provided in s. 119.07(4).
   94         Section 3. Section 1008.386, Florida Statutes, is amended
   95  to read:
   96         1008.386 Florida Social security numbers used as student
   97  identification numbers.—
   98         (1)When a student enrolls in a public school in this
   99  state, the Each district school board shall request that the
  100  each student enrolled in a public school in this state provide
  101  his or her social security number and shall indicate whether the
  102  student identification number assigned to the student is a
  103  social security number. A student satisfies this requirement by
  104  presenting his or her social security card or a copy of the card
  105  to a school enrollment official. Each school district shall use
  106  social security numbers as student identification numbers in the
  107  management information system maintained by the school district.
  108  However, a student is not required to provide his or her social
  109  security number as a condition for enrollment or graduation. A
  110  student satisfies this requirement by presenting to school
  111  enrollment officials his or her social security card or a copy
  112  of the card. The school district shall include the social
  113  security number in the student’s permanent records and shall
  114  indicate if the student identification number is not a social
  115  security number. The Commissioner of Education shall assist
  116  provide assistance to school districts with to assure that the
  117  assignment of student identification numbers other than social
  118  security numbers is kept to a minimum and to avoid duplication
  119  of any student identification number.
  120         (2) The department shall establish a process for assigning
  121  a Florida student identification number to each student in the
  122  state, at which time a school district may not use social
  123  security numbers as student identification numbers in its
  124  management information systems.
  125         (3) The State Board of Education may adopt rules to
  126  implement this section.
  127         Section 4. Section 1011.622, Florida Statutes, is amended
  128  to read:
  129         1011.622 Adjustments for students without a Florida common
  130  student identification number identifier.—The Florida Education
  131  Finance Program funding calculations, including the calculations
  132  authorized in ss. 1011.62, 1011.67, 1011.68, and 1011.685, shall
  133  include funding for a student only when all of the student’s
  134  records are reported to the Department of Education under a
  135  Florida common student identification number identifier. The
  136  State Board of Education may adopt rules pursuant to ss.
  137  120.536(1) and 120.54 to implement this section.
  138         Section 5. This act shall take effect upon becoming a law.