7615002, 6A-1.0955 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7615002

Notice of Development of Rulemaking

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

FINANCE AND ADMINISTRATION

Overview

RULE:

6A-1.0955

Education Records

PURPOSE:

The 2009 Legislature revised Florida’s student records law in order to ensure that it aligns with federal requirements. Section 1002.22, Florida Statutes, 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 adopts rules to administer Florida’s student record laws provision. The purpose of this rule development is to revise the rule on student records to reflect recent revisions to Section 1002.22, Florida Statutes, and 34 C.F.R. 99.1, et seq. in order to ensure that Florida’s student records law is compliant 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 effect 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:

Requirements for the creation and maintenance of student records and the rights of access, challenge, waiver, privacy and notice related to student records.

RULEMAKING AUTHORITY:

1001.02, 1002.22(3), 1003.23(5) FS.

LAW:

1001.51(12), 1001.52(2), 1002.22, 1003.25, 1008.386, 1008.405 FS.

PRINT PUBLISH DATE:

9/11/2009 Vol. 35/36

RELATED STATUTES
AND LAWS:

1001.02, 1002.22(3), 1003.23(5) FS., 1001.51(12), 1001.52(2), 1002.22, 1003.25, 1008.386, 1008.405 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=6A-1.0955&PDate=9/11/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.