Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-1 - FINANCE AND ADMINISTRATION › Section 6A-1.0955 - Education Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Purposes. This
				rule applies to education records maintained to facilitate the instruction,
				guidance, and educational progress of 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 must 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.
(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 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) "School day(s)" means any weekday that
				school is in session, based on the school district's calendar;
(i) "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.
(j) "Therapeutic treatment plan" means a plan
				that identifies the mental health diagnosis, or condition, the therapy or
				intervention goal(s), the type of school-based mental health intervention, and
				the school-based mental health services provider responsible for providing the
				mental health intervention or therapy.
(k) "Therapy progress notes" means notes
				maintained by a school-based mental health services provider that summarize the
				focus and progress toward treatment goals(s) of each therapy or intervention
				session.
(l) "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, and School Boards and School
				Districts as defined in paragraph (2)(g).