October 26, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Chapter 228
Public Education: General Provisions
View Entire Chapter
Section 228.092, Florida Statutes 2001

228.092  Retention of records of students attending nonpublic schools.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Nonpublic school" means any school described in s. 229.808(2).

(b)  "Defunct nonpublic school" means any nonpublic school which has terminated the operation of an education or training program, or which has no students in attendance, or which has dissolved as a business entity.

(c)  "Student records" means those records, files, documents, and other materials which contain information directly related to students which are maintained by a nonpublic school or by a person acting for such institution and which are accessible to other professional personnel to facilitate the instruction, guidance, and educational progress of students. Information contained in student records shall be classified as follows:

1.  Permanent information, which includes verified information of clear educational importance, containing the following: student's full name and any known changes thereto due to marriage or adoption; authenticated birthdate, place of birth, race, and sex; last known address of student; names of student's parents or guardian; name and location of last school attended; number of days present and absent; date enrolled; date withdrawn; courses taken and record of achievement; and date of graduation or program achievement.

2.  Temporary information, which includes verified information subject to change, containing, but not limited to, the following: health information, standardized test scores, honors and activities, personal attributes, work experience, teacher and counselor comments, and special reports.

(2)  TRANSFER OF STUDENT RECORDS.--All nonpublic schools which become defunct shall transfer all permanent information contained in student records to the superintendent of schools of the public school district in which the nonpublic school was located; or, if the nonpublic school is a member of a nonpublic school system or association, such school may transfer such records to the principal office of such system or association, which shall constitute full compliance with this subsection. In the event that such nonpublic school system or association becomes defunct, it shall transfer all the permanent information contained in its files to the superintendent of schools of the public school district in which the nonpublic school was located.

(3)  DEPARTMENT RESPONSIBILITIES.--All nonpublic schools that become defunct shall notify the Deputy Commissioner for Educational Programs in the Department of Education of the date of transfer of student records, the location of storage, the custodian of such records, and the number of records to be stored. The department shall act as a clearinghouse and maintain a registry of such transfers of student records.

(4)  INTENT.--It is not the intent of the Legislature to limit or restrict the use or possession of any student records while a school is operational, but to facilitate access to academic records by former students seeking to continue their education or training after a nonpublic school has become defunct.

History.--s. 1, ch. 77-133; s. 2, ch. 79-177; s. 79, ch. 97-190.

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