The 2009 Legislature revised Florida’s student records law in order to ensure that it aligns with federal requirements. Section 1002.22, F.S., now directs the Department of Education to review the provisions of the Family Education Rights and ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-1.0955: Education Records of Pupils and Adult Students
PURPOSE AND EFFECT: The 2009 Legislature revised Florida’s student records law in order to ensure that it aligns with federal requirements. Section 1002.22, F.S., now directs the Department of Education to review the provisions of the Family Education Rights and Privacy Act (FERPA) to ensure that it complies with certain protections and notices and adopt rules to administer Florida’s student records laws provisions. The purpose of this rule development is to revise the rule on student records to reflect recent revisions to Section 1002.22, F.S., and 34 C.F.R. 99.1, et seq. in order to ensure that Florida’s student records law is complaint with FERPA. The revisions will update statutory references, delete obsolete references and provisions, amend definitions, revise record keeping and notice requirements, and make other revisions necessary to ensure compliance with FERPA and establish the obligations of public schools and agencies when managing these records.
The result will be a rule that reflects the current requirements of FERPA and provides public schools with a framework for complying with student records requirements.
SUBJECT AREA TO BE ADDRESSED: Requirements for the creation and maintenance of student records and the rights of access, challenge, waiver, privacy and notice related to student records.
SPECIFIC AUTHORITY: 1001.02, 1002.22(3), 1003.23(5) FS.
LAW IMPLEMENTED: 1001.51(12), 1001.52(2), 1002.22, 1003.25, 1008.386, 1008.405 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Monday, February 8, 2010, 2:00 p.m.
PLACE: Via conference call at [phone], Conference Code 2450966; Anyone wishing to attend in person: Department of Education, 325 West Gaines Street, Room 1706, Tallahassee Florida, at the time provided above
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Margaret O’Sullivan Parker, Office of the General Counsel, 325 West Gaines Street, Suite 1244, Tallahassee, FL 32399; [phone]
TO REQUEST A RULE DEVELOPMENT WORKSHOP please contact Lynn Abbott, Agency Clerk at [e-mail] or [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.