Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-1 - FINANCE AND ADMINISTRATION › Section 6A-1.09550 - Student Online Personal Information Protection

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This rule sets forth
				requirements for policies that must be adopted by school districts and charter
				school governing boards to protect personally identifiable information of
				students when using required online educational services. The rule also
				provides minimum requirements for contracts or agreements where student
				information will be disclosed to or used by third-party vendors or service
				providers.
(2) Definitions.
(a) "Education records" means records that
				are directly related to a student and that are maintained by an educational
				agency or institution or a party acting for or on behalf of the agency or
				institution, as defined in 20 U.S.C. s.
				1232g(a)(4).
(b) "Eligible student" means a student who
				has reached eighteen (18) years of age or is attending a postsecondary
				institution, at any age.
(c)
				"Institution" means any public school, center, or other entity that is part of
				Florida's education system under Sections
				1000.04(2), (4), and
				(5), F.S.
(d) "Online educational service" means
				computer software, mobile applications (apps), and web-based tools that
				students or parents are required to use and access through the internet and as
				part of a school activity or function. Examples include online services that
				students or parents use to access class readings, assignments, or videos, to
				view learning progression, or to complete assignments. This does not include
				online services that students or parents may use in their personal capacity or
				to online services that districts or schools may use to which students or
				parents do not have access, such as a district student information
				system.
(e) "Parent" includes
				parents or guardians of students who are or have been in attendance at a school
				or institution as defined in paragraph (2)(c).
(f) "Personally identifiable information" or
				"PII" means information that can be used to distinguish or trace a student's
				identity either directly or indirectly through linkages with other information,
				as defined in 34 CFR §
											99.3. PII includes, but is not limited to
				direct identifiers (such as a student's or other family member's name),
				indirect identifiers (such as a student's date of birth, place of birth, or
				mother's maiden name), and other personal identifiers (such as a student's
				social security number or Florida Education Identifier (FLEID) number). PII
				also includes information that, alone or in combination, is linked or linkable
				to a specific student that would allow a reasonable person in the school
				community, who does not have personal knowledge of the relevant circumstances,
				to identify the student with reasonable certainty.
(g) "School Board or School District" means a
				Florida school district or district school board, charter school governing
				board, the Florida Virtual School (Section
				1002.37, F.S.), the Florida
				School for the Deaf and the Blind (Section
				1002.36, F.S.), and
				Developmental Research (Laboratory) Schools (Section
				1002.32, F.S.).
(h) "Student" means any individual who is or
				has been in attendance at an educational agency or institution and regarding
				whom the agency or institution maintains education records.
(i) "Third-party vendor" or "Third-party
				service provider" means any entity, whether public or private, that provides
				services to a school board or institution through a contract or agreement. The
				term does not include the Florida Department of Education, the Department's
				contractors and subcontractors, or School Boards and School Districts as
				defined in paragraph (2)(g).