RULE NO.:RULE TITLE:
6A-1.0955Education Records
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 187, September 26, 2022 issue of the Florida Administrative Register.
In response to public comment the rule is amended as follows:
(1) through (8) No change.
(9) School board and charter school governing board policies for required use of online educational services by students and parents. In order to protect a student’s PII from potential misuse and in order to protect students from data mining or targeting for marketing or other commercial purposes, school boards and charter school governing boards must adopt policies that provide for review and approval of any online educational service that students or their parents are required to use as part of a school activity. These policies are required whether or not there is a written agreement governing student use, and whether or not the online educational service is free. These policies are required even if the use of the online educational service is unique to specific classes or courses.
(a) These policies must include the following:
1. through 4. No change.
5. An explicit prohibition against using any online educational service that will share or sell a student’s PII for commercial purposes without providing parents a means to either consent or disapprove. This disclosure prohibition does not prevent the purchase, merger, or other type of acquisition of a third party provider or online educational service by another entity, provided that the successor entity continues to be subject to the provisions of this rule with respect to previously acquired PII.
(b) For any online educational service that a student is required to use, a district must provide notice on its website of the PII information that may be collected, how it will be used, when it will be destroyed and the terms of re-disclosure. This notice must include a link to the online educational service’s terms of service and privacy policy, if publicly available.
(10) through (12) No change.
