Document

Report
Todd Sussman, LMHC, LMFT, Privacy Officer
Ana 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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

Person employed by the District as an
administrator, supervisor, or support staff
member…
Person or company with whom the District
has contracted to perform a special function
that would normally be performed by SBBC
personnel (such as an attorney)…
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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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