To strengthen the rights of parents and safeguard their child’s educational record to ensure the use of the child’s legal name in school or a parent-approved nickname. Districts must develop a process for a parent to specify ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0955Education Records

PURPOSE AND EFFECT: To strengthen the rights of parents and safeguard their child’s educational record to ensure the use of the child’s legal name in school or a parent-approved nickname. Districts must develop a process for a parent to specify any deviation from the child’s legal name in school. This rule will ensure full transparency to enhance the student’s record and protect parental rights. The amendment will revise the number of days to transfer a record from 3 to 5.

SUMMARY: Students’ educational records.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1002.22(3), 1003.25(2), 1008.405, F.S.

LAW IMPLEMENTED: 1001.42(8)(c), 1001.52(2), (3), 1002.22(2), (3), 1002.221, 1003.25, 1008.405, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 19, 2023, 9:00 a.m.

PLACE: Rosen Shingle Creek, 9939 Universal Blvd., Orlando, Florida 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica Brattain, Bureau of Exceptional Education and Student Services, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0955 Education Records.

(1) through (7) No change.

(8) Each school board must adopt a policy for educational records which must include:

(a) through (b) No change.

(c) Provisions for parents and eligible elibible students to exercise the right of waiver of access to confidential letters or statements. School districts may not require that parents or eligible elibible students waive any of their rights under Section 1002.22(2), F.S. and FERPA;

(d) through (l) No change.

(m) Provisions for parents to specify the use of any deviation from their child’s legal name in school. School districts will develop a form to obtain parental consent along with any required documentation, as appropriate.

(9) No change.

(10) Procedures for transfer of education records.

(a) through (b) No change.

(c) The transfer of records of students who transfer from school to school must occur within five (5) 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 substantive and transient 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. Non-threats as described in subsection (6) must not be transferred with a student’s educational record unless one of the conditions described in subparagraphs (6)(b)1. and 2. are met.

(11) through (12) No change.

Rulemaking Authority 1001.02(1), 1002.22(3), 1003.25(2), 1008.405 FS. Law Implemented 1001.42(8)(c), 1001.52(2), (3), 1002.22(2), (3),1002.221, 1003.25, 1008.405 FS. History–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, 11-22-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Brattain, Bureau of Exceptional Education and Student Services.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 26, 2023