Florida’s Laws on Student Privacy and Protection under FERPA

Florida’s laws on student privacy and protection are closely aligned with the federal regulations set out under the Family Educational Rights and Privacy Act (FERPA). Established in 1974, FERPA is a crucial law designed to protect the privacy of student education records. Understanding both Florida law and FERPA is essential for students, parents, and educational institutions.

Under FERPA, students and parents have the right to access and review educational records maintained by schools. This includes report cards, transcripts, disciplinary records, and any other documents that contain personally identifiable information (PII). In Florida, these rights are reinforced with state-specific regulations that provide additional protections.

Florida Statute 1002.221 further strengthens student privacy by ensuring that education records remain confidential. It mandates that schools create policies regarding the handling of PII and limits the circumstances under which information can be disclosed without consent. This means that schools must obtain written permission from the parent or eligible student before releasing any educational records to third parties, except in specific situations allowed by FERPA.

Additionally, Florida law extends protections for student information beyond what FERPA mandates. For instance, the Florida Student Privacy Act requires schools to inform students and their parents of their rights under both federal and state law. This includes the right to request amendments to records and to file complaints with the U.S. Department of Education if they believe their rights have been violated.

In recent years, Florida has also placed emphasis on the protection of student data in the context of digital learning and online platforms. The Florida Digital Bill of Rights establishes guidelines for the protection of students’ online activity and data, ensuring that educational technology providers comply with privacy standards.

It's vital for educational institutions in Florida to train staff adequately on FERPA and state privacy laws. School officials must recognize the importance of maintaining confidentiality and the serious consequences of violating student privacy rights. Violation of FERPA can lead to the loss of federal funding for educational institutions, making compliance a top priority.

Parents and students should be proactive in understanding their rights under FERPA and Florida law. They should ensure they are familiar with their school’s policies regarding student records and what steps to take if they believe their rights have been infringed.

In summary, Florida’s laws on student privacy complement the protections provided under FERPA, reinforcing the importance of safeguarding student data. Parents, students, and educational institutions must work together to uphold these privacy standards and protect the rights of every student in the state.