6A-1.0955. Education Records  

Effective on Tuesday, May 5, 2020
  • 1(1) Purposes. This rule applies to education records maintained to facilitate the instruction, guidance, and educational progress of pupils and adult students in programs operated under the authority and direction of a district school board or other agency or institution as defined in Section 451002.22(1), F.S. 47This rule is intended to further the intent of Section 571002.22(2), F.S., 59that the rights of students 64and their parents with respect to education records created, maintained, or used by public educational institutions and agencies shall be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 9620 U.S.C. s. 1232g, 100the implementing regulations issued pursuant thereto, and Sections 1081002.22 109and 1101002.221, 111F.S. 112For the purpose of this rule, the term “education records” refers to those records that are included in the definition of “education records” found in 13734 CFR §99.3.

    140(2) Definitions.

    142(a) “Therapeutic treatment plan” means a plan that identifies the mental health diagnosis, or condition, the therapy or intervention goal(s), the type of school-based mental health intervention, and the school-based mental health services provider responsible for providing the mental health intervention or therapy.

    185(b) “Therapy progress notes” means notes maintained by a school-based mental health services provider that summarize the focus and progress toward treatment goals(s) of each therapy or intervention session.

    214(3) Information contained in education records shall be classified as follows:

    225(a) Category A: Information for each student which shall be kept current while the student is enrolled and retained permanently in the manner prescribed by Section 2511001.52(2), F.S.

    253(b) Category B: Information which is subject to periodic review and elimination when the information is no longer useful in the manner prescribed by Section 2781001.52(3), F.S.

    280(4) Content of Category A records. The following information shall be maintained for each student:

    295(a) Student’s full legal name,

    300(b) Authenticated birthdate, place of birth, race, ethnicity and sex,

    310(c) Last known address of the student,

    317(d) Names of the student’s parent(s) or guardian(s),

    325(e) Name and location of last school attended,

    333(f) Number of days present and absent, date enrolled and date withdrawn,

    345(g) Courses taken and record of achievement, such as grades, units, or certification of competence,

    360(h) Date of graduation or date of program completion, and

    370(i) Records of requests for access to and disclosure of personally identifiable information from the education records of the student as required by FERPA.

    394(5) Content of Category B records. These records may include but are not limited to the following:

    411(a) Health information and health care plans,

    418(b) Family background data,

    422(c) Standardized test scores,

    426(d) Educational and career plans,

    431(e) Honors and activities,

    435(f) Work experience reports,

    439(g) Teacher comments,

    442(h) Reports of student services or exceptional student staffing committees including all information required by Section 4581001.42(13), F.S.,

    460(i) Discipline records,

    463(j) School Environmental Safety Incident Reports (SESIR) collected under Section 4731006.07(9), F.S.,

    475(k) Threat assessments done by the threat assessment team pursuant to Section 4871006.07(7), F.S.,

    489(l) Academic and behavioral intervention services,

    495(m) Psychological evaluations,

    498(n) Therapeutic treatment plans and therapy progress notes,

    506(o) Correspondence from community agencies or private professionals,

    514(p) Driver education certificate,

    518(q) List of schools attended,

    523(r) Written agreements of corrections, deletions or expunctions as a result of meetings or hearings to amend educational records, and

    543(s) Records designated for retention by the Florida Department of State in General Records Schedule GS7 for 560Public Schools Pre-K – 12, Adult and Vocational/Technical.

    568(6) School districts shall maintain sufficient information, to include social security numbers for adult students enrolled in a postsecondary program so that they can be located after they have either withdrawn or completed a program of study.

    605(7) Each school board shall adopt a policy for educational records which shall include:

    619(a) Provisions for an annual written notice and other notices necessary to inform the adult students or the parent or guardian of students of their rights as defined in Section 6491002.22(2), F.S., 651and FERPA. The district shall develop methods of notice for informing the parent or guardian of students, or adult students unable to comprehend a written notice in English,

    679(b) Provisions for permitting the adult student or the parent or guardian of the student who is or has been in attendance in the school district to inspect and review the education records of the student. The district shall comply with a request within a reasonable period of time, but in no case more than thirty (30) days after it has been made,

    742(c) Provisions for adult students or the parent or guardian of students to exercise the right of waiver of access to confidential letters or statements. School districts may not require that adult students or the parent or guardian of students waive any of their rights under Section 7891002.22(2), F.S., 791and FERPA,

    793(d) A schedule of fees and charges for copies of education records which charges no more than the fees and charges for public records as set forth in section 822119.07, F.S. 824In no circumstance shall the cost reflect the costs to retrieve the education records,

    838(e) A listing of the types and locations of education records maintained by the educational agency and the titles and addresses of the officials responsible for those records,

    866(f) Provisions for disclosure of personally identifiable information where prior written consent of the adult student or the parent or guardian of students is not required,

    892(g) Provisions for disclosure of personally identifiable information where prior written consent of the adult student or the parent or guardian of a student, as appropriate, is required, and provisions for maintaining records of requests and disclosures,

    929(h) Provisions for the maintenance and security of student records, including procedures to ensure the confidentiality of student records and safeguard records from unauthorized or unintentional access,

    956(i) Provisions for disclosure of personally identifiable information in health and safety emergencies,

    969(j) Provisions for disclosure of directory information,

    976(k) Provisions for challenging the content of any record which the adult student or the parent or guardian of a student believe to be inaccurate, misleading or a violation of the right of privacy and for providing an opportunity for amendment of such information, and

    1021(l) Provisions for ensuring the accuracy of information maintained and for periodic review and elimination of information no longer useful,in the manner prescribed by Section 10471001.52(3), F.S.

    1049(8) Procedures for transfer of education records.

    1056(a) The transfer of records shall be made immediately upon written request of an adult student, a parent or guardian of a student or a receiving school. The principal or designee shall transfer a copy of all Category A and Category B information and shall retain a copy of Category A information; however, student records which are required for audit purposes for programs listed in Section 11221010.305, F.S., 1124shall be maintained in the district for the time period indicated in Rule 11376A-1.04513, 1138F.A.C.

    1139(b) The transfer of education records shall not be delayed for nonpayment of a fee or fine assessed by the school.

    1160(c) The transfer of records of students who transfer from school to school must occur within three (3) school days of receipt of the request for records from the new school or district, or receipt of the identity of the new school and district of enrollment, whichever occurs first. Student records must contain verified reports of serious or recurrent behavior patterns, including threat assessments and intervention services, and psychological evaluations, including therapeutic treatment plans and therapy progress notes created or maintained by district or charter school staff.

    1247(9) Security of education records.

    1252(a) The school principal or designee shall be responsible for the privacy and security of all student records maintained in the school.

    1274(b) The superintendent of schools or designee shall be responsible for the privacy and security of all student records that are not under the supervision of a school principal.

    1303(c) Institutions and agencies that are not part of a school district shall designate the office or position responsible for the privacy and security of all student records.

    1331Rulemaking Authority 13331001.02(1), 13341002.22(3), 13351003.25(2), 13361008.405 FS. 1338Law Implemented 13401001.52(2), 1341(3), 13421002.22(2), 1343(3),13441002.221, 13451003.25, 13461008.405 FS. 1348History–New 4-11-70, Repromulgated 12-5-74, Revised 6-1-75, Amended 10-7-75, 2-21-77, 3-1-78, 5-24-81, Formerly 6A-1.955, Amended 6-17-87, 1-2-95, 10-25-10, 5-5-20.