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Florida — K-12 education records (Fla. Stat. §§1002.22, 1002.222)

The rights of students and parents in K-12 education records, and the limitations on collecting student information — including the biometric-collection ban (§1002.222(1)(a)) and the social-security-number restriction.

1002.22 Education records and reports of K-12 students; rights of parents and students; notification; penalty

Verbatim from the state legislature site (current text as at the fetch date in frontmatter).

1002.22 Education records and reports of K-12 students; rights of parents and students; notification; penalty.—

• (1) DEFINITIONS.—As used in this section, the term:
• (a) “Agency” means any board, agency, or other entity that provides administrative control or direction of or performs services for public elementary or secondary schools, centers, or other institutions as defined in this chapter.
• (b) “Institution” means any public school, center, institution, or other entity that is part of Florida’s education system under s. 1000.04(2), (4), and (5).
• (2) RIGHTS OF STUDENTS AND PARENTS.—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 this section. In order to maintain the eligibility of public educational institutions and agencies to receive federal funds and participate in federal programs, the State Board of Education shall comply with the FERPA after the board has evaluated and determined that the FERPA is consistent with the following principles:
• (a) Students and their parents shall have the right to access their education records, including the right to inspect and review those records.
• (b) Students and their parents shall have the right to waive their access to their education records in certain circumstances.
• (c) Students and their parents shall have the right to challenge the content of education records in order to ensure that the records are not inaccurate, misleading, or otherwise a violation of privacy or other rights.
• (d) Students and their parents shall have the right of privacy with respect to such records and reports.
• (e) Students and their parents shall receive annual notice of their rights with respect to education records.
• (3) DUTIES AND RESPONSIBILITIES.—The State Board of Education shall:
• (a) Adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.
• (b) Monitor the FERPA and notify the Legislature of any significant change to the requirements of the FERPA or other major changes in federal law which may impact this section.
• (c) Advise the Legislature of any change in the FERPA which may create a need for an exemption to the requirements of s. 24(a), Art. I of the State Constitution.
• (4) PENALTY.—If any official or employee of an institution refuses to comply with this section, the aggrieved parent or student has an immediate right to bring an action in circuit court to enforce his or her rights by injunction. Any aggrieved parent or student who receives injunctive relief may be awarded attorney fees and court costs.
• (5) APPLICABILITY TO RECORDS OF DEFUNCT INSTITUTIONS.—This section applies to student records that any nonpublic educational institution that is no longer operating has deposited with the district school superintendent in the county where the nonpublic educational institution was located.

History.—s. 94, ch. 2002-387; s. 4, ch. 2004-356; s. 78, ch. 2004-357; s. 13, ch. 2004-484; s. 2, ch. 2009-239; s. 1, ch. 2014-41; s. 30, ch. 2021-10.

1002.222 Limitations on collection of information and disclosure of confidential and exempt student records

Verbatim from the state legislature site (current text as at the fetch date in frontmatter).

1002.222 Limitations on collection of information and disclosure of confidential and exempt student records.—

• (1) An agency or institution as defined in s. 1002.22(1) may not:
• (a) Collect, obtain, or retain information on the political affiliation, voting history, religious affiliation, or biometric information of a student or a parent or sibling of the student. For purposes of this subsection, the term “biometric information” means information collected from the electronic measurement or evaluation of any physical or behavioral characteristics that are attributable to a single person, including fingerprint characteristics, hand characteristics, eye characteristics, vocal characteristics, and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty. Examples of biometric information include, but are not limited to, a fingerprint or hand scan, a retina or iris scan, a voice print, or a facial geometry scan. Notwithstanding the provisions of this paragraph, a school district that used a palm scanner system for identifying students for breakfast and lunch programs on March 1, 2014, may continue to use the palm scanner system through the 2014-2015 school year.
• (b) Provide education records made confidential and exempt by s. 1002.221 or federal law to:
• 1. A person as defined in s. 1.01(3) except when authorized by s. 1002.221 or in response to a lawfully issued subpoena or court order;
• 2. A public body, body politic, or political subdivision as defined in s. 1.01(8) except when authorized by s. 1002.221 or in response to a lawfully issued subpoena or court order; or
• 3. An agency of the Federal Government except when authorized by s. 1002.221, required by federal law, or in response to a lawfully issued subpoena or court order.
• (2) The governing board of an agency or institution may only designate information as directory information in accordance with 20 U.S.C. s. 1232g and applicable federal regulations. Such designation must occur at a regularly scheduled meeting of the governing board. The governing board of an agency or institution must consider whether designation of such information would put students at risk of becoming targets of marketing campaigns, the media, or criminal acts. An agency or institution may charge fees for copies of designated directory information as provided in s. 119.07(4).

History.—s. 2, ch. 2014-41.

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All statute text above is reproduced verbatim from the state legislature site named per section, extracted mechanically by tools/us-states/build_states2.py. Rendering is flat (printed subdivision labels bolded, section-level anchors) because state markups are heterogeneous; verify re-fetches and requires every source paragraph verbatim in this document.