Law / United States / 
Florida
Florida public K-12 limits on releasing confidential education records and on designating directory information
Fla. Stat. § 1002.222(1)(b) and (2)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Governance
- Audit expectation
- none
What it requires
- If you are a school district, a public school or another agency or institution in Florida's public K-12 system, do not provide education records made confidential and exempt by section 1002.221 or federal law to a person or to a public body, body politic or political subdivision, except as section 1002.221 authorizes or in response to a lawfully issued subpoena or court order (Fla. Stat. § 1002.222(1)(b)1. and 2.).
- Do not provide those records to an agency of the Federal Government except as section 1002.221 authorizes, as federal law requires, or in response to a lawfully issued subpoena or court order (Fla. Stat. § 1002.222(1)(b)3.).
- Designate directory information only in accordance with the Family Educational Rights and Privacy Act (20 U.S.C. s. 1232g) and applicable federal regulations, at a regularly scheduled meeting of the governing board, after considering whether the designation would put students at risk of becoming targets of marketing campaigns, the media, or criminal acts (Fla. Stat. § 1002.222(2)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 1002.222(1)(b) and (2) bar release of confidential education records outside listed channels and regulate how a governing board designates directory information. It requires no log, no record of disclosure and no audit.
- Kind
- None
- As of
What this law does
An 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, and an institution means any public school, center, institution or other entity that is part of Florida's education system.
An agency or institution may not provide education records made confidential and exempt by section 1002.221 or federal law to a person or to a public body, body politic or political subdivision, except when authorized by section 1002.221 or in response to a lawfully issued subpoena or court order.
An agency or institution may not provide such records to an agency of the Federal Government except when authorized by section 1002.221, required by federal law, or in response to a lawfully issued subpoena or court order. The governing board of an agency or institution may designate information as directory information only in accordance with federal law, and the designation must occur at a regularly scheduled meeting of the governing board.
The governing board must consider whether designation of directory information would put students at risk of becoming targets of marketing campaigns, the media, or criminal acts. Chapter 2014-41, Laws of Florida, which created section 1002.222, took effect on becoming law on .
When LexLint raises it
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