Todd Sussman, LMHC, LMFT, Privacy OfficerAna Segura, Assistant General Counsel

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Students have the right to expect that schools will keep student records safe, secure, and private.

--Code of Student Conduct

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Family Educational Rights and Privacy Act (FERPA)

Florida Statutes 1002.22 and 1002.221 (Education records)

No Child Left Behind Act (NCLB)

Florida Statute 119.071(4)(d), Public Records

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Student Records: Confidentiality and Family Educational Rights (Policy 5100.1)

Code of Student Conduct (Policy 5.8)

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Exists when a school official needs to review an educational record in order to fulfill his or her professional responsibility.

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Maintained by a school district Directly related to a student Includes:

◦ Grades◦ Test scores◦ School health records◦ Transcripts◦ Family background information◦ More

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A subset of educational records

Personally identifiable information in a student’s education records…that would NOT generally be considered harmful or an invasion of privacy if disclosed.

The District chooses the types of information considered “directory information.”

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Clarified and added types of disclosures in new Code of Student Conduct (FERPA Opt Out Form)

a. Colleges, universities…institutes of higher education…

b. School publications… (including websites)

c. Agencies that provide food, shelter, or clothing…

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119.071 General exemptions from inspection or copying of public records

(4)(d) Selected gov’t. agency personnel (plus spouses and children)◦ Active or former sworn or civilian law enforcement

personnel◦ Firefighters◦ Justices and judges◦ State attorneys◦ Many more (Consult with Office of the General

Counsel when a request is received.)

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Information that cannot be disclosed◦ Home address◦ Telephone number◦ Social Security number◦ Photograph◦ Date of birth◦ Place of employment

Requests for exemptions must be provided in writing.

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The next presenter will discuss the “how to” part pertaining to TERMS.

Please note: to comply with the law, you must adhere to the requests on the Opt Out Forms and/or any requests for exemptions.

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Todd Sussman

754-321-1914

KCW, 11th floor, Risk Management Dept.

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