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 revised rule reflects recent revisions to Section 1002.22, F.S., and 34 C.F.R. 99.1, et seq. and the creation of Section 1002.221, F.S., in order to ensure that Florida’s student records law is complaint with FERPA. The revisions 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.
SUMMARY: This rule amendment will further ensure continued compliance with state and federal laws on student record maintenance, access, and privacy.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(1), 1002.22(3), 1003.25 FS.
LAW IMPLEMENTED: 1001.42(13), 1001.52(2), (3), 1002.22, 1002.221, 1003.25, 1008.386, 1008.39, 1008.405 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 21, 2010, 9:00 a.m.
PLACE: The Florida Capitol, 400 S. Monroe Street, Room LL03, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Lynn Abbott at [phone] or email: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Margaret O’Sullivan Parker, Office of the General Counsel, 325 West Gaines Street, Suite 1244, Tallahassee, FL 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6A-1.0955 follows. See Florida Administrative Code for present text.)

6A-1.0955 Education Records of Pupils and Adult Students.

(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 1002.22(1), F.S. This rule is intended to further the intent of Section 1002.22(2), F.S., that the rights of students and 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), 20 U.S.C. s. 1232g, the implementing regulations issued pursuant thereto, and Sections 1002.22 and 1002.221, F.S. For the purpose of this rule, the term “education records” refers to those records that are included in the definition of “education records” found in 34 CFR § 99.3.

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

(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 1001.52(2), F.S.

(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 1001.52(3), F.S.

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

(a) Student’s full legal name,

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

(c) Last known address of the student,

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

(e) Name and location of last school attended,

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

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

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

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

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

(a) Health information and health care plans,

(b) Family background data,

(c) Standardized test scores,

(d) Educational and career plans,

(e) Honors and activities,

(f) Work experience reports,

(g) Teacher comments,

(h) Reports of student services or exceptional student staffing committees including all information required by Section 1001.42(13), F.S.,

(i) Correspondence from community agencies or private professionals,

(j) Driver education certificate,

(k) List of schools attended,

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

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

(5) 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.

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

(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 1002.22(2), F.S., and 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,

(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,

(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 1002.22(2), F.S., and FERPA,

(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 119.07, F.S. In no circumstance shall the cost reflect the costs to retrieve the education records,

(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,

(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,

(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,

(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,

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

(j) Provisions for disclosure of directory information,

(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

(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 1001.52(3), F.S.

(7) Procedures for transfer of education records.

(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 1010.305, F.S., shall be maintained in the district for the time period indicated in Rule 6A-1.04513, F.A.C.

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

(8) Security of education records.

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

(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.

(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.

Rulemaking Specific Authority 1001.02(1), 1002.22(3), 1003.25(2) FS. Law Implemented 1001.42(13)(4)(l), 1001.52(2), (3), 1002.22(3), 1002.221, 1003.25, 1008.386, 1008.39, 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Deborah Kearney, Office of General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 22, 2010