Law contained in the Family Educational Rights and Privacy Act (Title 34, Code
of Federal Regulations, Part 99), either parent has access to all educational
records, unless the district has been provided with a copy of a court order
specifically revoking such rights. Therefore, no parent/guardian can
restrict the other parent’s/guardian’s access to their child’s educational
records, including directory information, without a court order.
and adult students have the following rights to student records:
- Right of access to inspect and review all records
maintained about the student by the district.
- Right of privacy with respect to data contained in
personally identifiable records.
- Right to challenge and request amendment of any record
thought to be inaccurate or misleading, and to a hearing if necessary.
- Right to copies of such records.
and adult students requesting to review, and to receive copies of, educational
records, may do so in person or in writing at the student’s school. The school
shall comply within 30 days. Fees
for copies of educational records shall not exceed the actual cost of
reproduction and shall not exceed 15 cents ($0.15) per one-sided, letter-size
page or 20 cents ($0.20) per two-sided page. The fee for a certified copy shall
not exceed one dollar ($1.00).
information is information about students that is defined by Florida law as
public information. It includes the student’s name, address, participation in
officially recognized activities and sports, weight and height (if an athletic
team member), the name of the most recent previous educational agency or
institution attended, dates of attendance at schools in the district, grade
level, and diplomas and certifications received.
information other than the student’s address may be published by the school
district in conjunction with news about academic awards, performances, honor
rolls, athletic events and other school-related activities. All directory
information also may be released to individuals or organizations in response to
public records requests.
guardians and adult students may block public access to directory information
pertaining to their children or themselves by withholding permission when they
enroll in the district or by notifying their school in writing at any later
time. The district is required to notify parents, guardians and adult students
annually of their right to withhold permission to release directory
Military Access to Records
requires that school districts provide military recruiters the name, address
and telephone number of high school students upon request. However, a provision
of the law allows parents or guardians to withhold the release of this
information. If parents do not wish to release this information to military
recruiters they may check the appropriate box on the student registration form
or contact the school registrar.
assistance from a school’s staff, parents/guardians and others who have
questions regarding access to student records, custody issues, or contents of a
student record may call Student Services at 927-9000.
401.4 — Media
the school district, newspapers, and television stations interview, photograph,
and/or videotape our schools, teachers, and students to visually explain our
schools’ programs and events. Those photographs and videos may be used in
newspapers, on television stations, and in Sarasota County Schools publications
On the school
registration forms, parents/guardians may either give or deny permission for
their child to participate in these types of media events. Parents/guardians
who later wish to change their decision may do so at any time by completing the
appropriate form available from the school’s registrar.401.5 —
participates in various state and local surveys as requested by the Florida
Department of Education, the Florida Department of Health and the Florida
Department of Children and Families. School and district results are used by
staff, school advisory councils, and community agencies as they seek funding
and provide services for youth.
grades 6-12 may be asked to complete one of these anonymous surveys. All
surveys are completely confidential and voluntary. Individual students and
classrooms are never identified.
- The Florida
Youth Tobacco Survey results provide information for evaluating the impact
of Florida’s innovative program to prevent and reduce tobacco use.
- The Youth
Risk Behavior Survey results provide information on the behaviors that put
youth at risk for premature death, including such factors as drug use, sexual
activity and suicide attempts.
- The Youth
Physical Activity and Nutrition Survey results provide information on the
attitudes, knowledge and behavior of youth regarding physical activity and
- The student School
Climate Survey results provide information about students’ perceptions and
satisfaction with their school’s learning environment.
the time of a student’s initial entry into grades 6 and 9, parents/guardians
either give or deny permission for their child to participate in such surveys.
Parents who later wish to change their decision may do so at any time by
completing the appropriate form.
401.6 — Rights Under the Protection of Pupil Rights Amendment
The Protection of Pupil Rights
Amendment affords parents/guardians certain rights regarding the district’s
conducting of surveys, collection and use of information for marketing
purposes, and certain physical exams. These rights include:
1. The right of
parents/guardians to indicate consent before students are required to participate in a
survey that concerns one or more of the following protected areas
(“protected-information survey”) that request or involve information regarding:
- Programs funded in whole or part by the U.S.
Department of Education
- Political affiliations or beliefs of the student or
- Mental or psychological problems of the student or
- Sexual behavior or attitudes
- Illegal, anti-social, self-incriminating or demeaning
- Critical appraisals of others with whom respondents
have close family relationships
- Legally recognized privileged relationships, such as
those with lawyers, doctors or ministers
- Religious practices, affiliations or beliefs of the
student or parents/guardians
- Income, other than as required by law to determine
2. The right of
parents/guardians to receive notice and an opportunity for their child to opt out of:
- Any other protected-information survey, regardless of
- Any non-emergency, invasive physical exam or screening
required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student.
- Activities involving collection, disclosure or use of
personal information obtained from students for marketing, or to sell or
otherwise distribute the information to others.
3. The right of
parents/guardians to inspect, upon request and before administration or use:
- Protected-information surveys of students. Instruments
used to collect personal information from students for any of the above
marketing, sales or other distribution purposes.
- Instructional material used as part of the educational
transfer from the parents/guardians to a student who is 18 years old or an emancipated
minor under state law.
Board of Sarasota County and the Sarasota County School District have developed
and adopted policies, in consultation with parents/guardians, regarding these rights, as
well as arrangements to protect student privacy in the administration of
protected-information surveys and the collection, disclosure or use of personal
information for marketing, sales or other distribution purposes.
district will directly notify parents/guardians of these policies at least annually at
the start of each school year and after any substantive changes. The school
district will also directly notify, through such methods as U.S. Mail or e-mail,
parents/guardians of students who are scheduled to participate in the specific activities
or surveys noted below, and will provide an opportunity for the parent to opt
his or her child out of participation of these specific activities or surveys.
The school district will make this notification to parents/guardians at the beginning of
the school year, if the district has identified the specific or approximate dates
of the activities or surveys at that time. For surveys and activities scheduled
after the school year starts, parents will be given reasonable notification of
the planned activities and surveys and will be provided with an opportunity to
opt their child out of such activities and surveys. Parents/Guardians also will be given
an opportunity to review any pertinent surveys.
activities and surveys covered under this requirement are:
- The collection, disclosure or use of personal
information for marketing, sales or other distribution.
- The administration of any protected-information survey
not funded in whole or in part by the U.S. Department of Education.
- Any non-emergency, invasive physical examination or
screening, as described in section 2b above.
who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
Department of Education
401.7 — The Federal Family Educational Rights
and Privacy Act (FERPA)
The Federal Family Educational
Rights and Privacy Act grants parents (defined as including legal
guardians) and students who are 18 years of age or older certain rights with
respect to the student's education records. These rights are as follows:
1. The right to inspect and review the student's education
records within 45 days after the day the student’s school receives a request
Parents or eligible students should
submit to the school registrar or other authorized school official a written
request that identifies the records they wish to inspect. The school official
will make arrangements for access and notify the parent or eligible student of
the time and place where the records may be inspected or will provide copies as
2. The right to request the amendment of a student’s education
records that a parent or eligible student believes are inaccurate, misleading
or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who
wish to amend a record should write their school principal or other authorized
school official, clearly identify the part of the record they want changed, and
specify why it should be changed. If the
school official decides not to amend the record as requested, the school
official will notify the parent or eligible student of the decision and their
right to a hearing regarding the request for amendment. The notification will
include additional information regarding the hearing procedures.
3. The right to provide written consent before a school
discloses personally identifiable information (PII) from the student's
education records, except to the extent that FERPA authorizes disclosure
without consent as delineated below.
FERPA permits the disclosure of PII
from students’ education records without consent of the parent or eligible
student if the disclosure meets certain conditions found in §99.31 of the FERPA
regulations. Except for disclosures to
school officials, disclosures related to some judicial orders or lawfully
issued subpoenas, disclosures of directory information, disclosures to a party
with written consent from the parent or eligible student, and disclosures
directly to the parent or eligible student, §99.32 of the FERPA regulations
requires the school to record the disclosure. Parents and eligible students
have the right to inspect and review the records of such disclosures.
The right to file a complaint
with the U.S. Department of Education concerning alleged failures by a Sarasota
County School Districted school to comply with the requirements of FERPA.
The name and address of the office that administers FERPA are as follows:
Family Policy Compliance Office
disclosures without the consent of a parent or eligible student found in 99.31
of FERPA regulations:
School officials may disclose PII
from the education records of a student without obtaining prior written consent
of the parents or the eligible student to the following recipients:
- School officials with legitimate
school official is a person
employed by the school as an administrator, supervisor, instructor or
support staff member (including health or medical staff and law
enforcement unit personnel) or a person serving on the School Board. A school official also may include a
volunteer or contractor outside of the school who performs an
institutional service of function for which the school would otherwise use
its own employees and who is under the direct control of the school with
respect to the use and maintenance of PII from education records, such
as an attorney, auditor, medical
consultant or therapist; a parent or student volunteering to serve on an
official committee, such as a disciplinary or grievance committee; or a
parent, student or other volunteer assisting another school official in
performing his or her tasks.
- A school official has a legitimate educational interest if the official needs to
review an education record in order to fulfill his or her professional
responsibility. In general, legitimate educational interest refers to the
right of certain school officials to access student information and
records for the purpose of: (a) serving the student; (b) protecting the
health, safety and learning of this student and others; (c) maintaining
the operations of the school district; (d) obtaining payment for
educational programs and services; and (e) other purposes as specified by
federal and/or state law.
- Other school officials, including
teachers, within the educational agency or institution whom the school has
determined to have legitimate educational interests. This includes contractors, consultants,
volunteers or other parties to whom the school has outsourced institutional
services or functions, provided that the conditions listed in
§99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
- Officials of another school, school
system, or institution of post-secondary education where the student seeks or
intends to enroll, or where the student is already enrolled if the disclosure
is for purposes related to the student’s enrollment or transfer, subject to the
requirements of §99.34. (§99.31(a)(2))
- Authorized representatives of the U.
S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of
Education, the Florida Department of Education or the School Board of Sarasota
County, subject to the requirements of §99.35. (§99.31(a)(3)).
- Entities engaged in audits or
evaluations of federal- or state-supported education programs, or for the
enforcement of or compliance with federal legal requirements that relate to
those programs. These entities may make further disclosures of PII to outside
entities that are designated by them as their authorized representatives to
conduct any audit, evaluation, or enforcement or compliance activity on their
behalf. (§§99.31(a)(3) and 99.35)
- Financial aid providers to which the
student has applied or from which the student has received aid, if the information
is necessary to determine eligibility for the aid, determine the amount of the
aid, determine the conditions of the aid, or enforce the terms and conditions
of the aid. (§99.31(a)(4))
- State and local officials or
authorities to whom information is specifically allowed to be reported or
disclosed by a state statute that concerns the juvenile justice system and the
system’s ability to effectively serve, prior to adjudication, the student whose
records were released, subject to §99.38. (§99.31(a)(5))
- Organizations conducting studies
for, or on behalf of, the school, in order to (a) develop, validate, or
administer predictive tests; (b) administer student aid programs; or (c)
improve instruction. (§99.31(a)(6))
- Accrediting organizations to carry
out their accrediting functions. (§99.31(a)(7))
- Parents of an eligible student if
the student is a dependent for IRS tax purposes. (§99.31(a)(8))
- Officers of courts presenting a
judicial order or lawfully issued subpoena. (§99.31(a)(9))
- Appropriate officials in connection
with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
- Requesters of information the School
Board has designated as “directory information” under §99.37. (§99.31(a)(11)) Directory information that
may be released by the Sarasota County Schools includes the following as
defined in School Board Policy 5.71:
C. Participation in officially
recognized activities and sports;
D. Weight and height, if an
athletic team member;
E. Name of the most recent
previous school or program attended;
F. Dates of attendance at schools
in the District;
G. Grade level;
H. Diplomas and certifications
- The parent of a student who is not
an eligible student (under the age of 18) or to the student (if age 18 or over) (§99.31(a)(12))
- A victim of an alleged perpetrator
of a crime of violence or a non-forcible sex offense, subject to the
requirements of §99.39 (§99.31(a)(13))
401.8 — Statement on the
Collection, Use or Release of Social Security Numbers of Students and/or
Pursuant to Section 119.071(5), Fla.
Stat., the School Board of Sarasota County, Florida collects, uses, and/or
releases Social Security Numbers (SSN) as mandated or authorized by law or when
it is imperative for the performance of the School Board’s duties. The School
Board collects, uses, and/or releases SSN’s of students and/or parents for the
registration and student identification numbers. Required to
request by §1008.386 Fla. Stat. notes as an exception: “However, a student
is not required to provide his or her social security number as a condition for
enrollment or graduation.”
2. Registration in an adult education program. Required by
Fla. Admin. Code R. 6A-10.0381.
3. Tracking of adult students enrolled in a
postsecondary program. Required by Fla. Admin. Code R. 6A-1.0955(5).
4. Criminal history. Level 1 and level 2 background
checks / identifiers for processing fingerprints by Department of Law
Enforcement/Registration information regarding sexual predators and sexual
offenders. Authorized by §943.04351, Fla. Stat., and
§119.071(5)(a) 2 + 6, Fla. Stat.
5. Reports on students required to be submitted to
Florida DOE. Authorized by §119.071(5)(a) 2 + 6, Fla. Stat.
6. Tort claims and tort notices of claim against the
School Board. Required by §768.28 (6), Fla. Stat.
7. Use of motor vehicle information from the
Department of Highway Safety and Motor Vehicles for the district to carry out
its functions and to verify the accuracy of information submitted by agent or
employee to District, including to prevent fraud, in connection with insurance
investigations, and to verify a commercial driver’s license. Authorized
by federal law 18 U.S.C. §2721et seq.
8. Information received from DOE to locate missing
Florida School Children. Required by Fla. Admin. Code R. 6A-6.083.
9. National School Lunch Act application
verification process/Eligibility for Free and Reduced Price Meals. Required of the adult, if the person has a
number, by federal law 42 U.S.C. §1751 and federal regulations 7 C.F.R. §245.2,
§245.3, and §245.6a.
10. Reports from DHSMV of each student whose driver’s
license is suspended for excessive unexcused absences and reports to DHSMV of
non-enrollment or non-attendance upon the part of a student who is required to
attend school. Required by §322.091(5) and §1003.27, Fla. Stat.
11. Written verification from employer for vocational
education, student followup. Required by Fla. Admin. Code R.
12. Child abuse report to Department of Children and
Families of student victim and subjects of report. Required by
Fla. Admin. Code R. 65C-29.002.
13. Identification of blood donors. Authorized by federal law 42 U.S.C.
14. The disclosure of the Social Security number is
expressly required by federal or state law or a court order. Authorized by §19.071(5)(a)2+6,
15. Collection and/ or disclosure are imperative or
necessary for the performance of the district’s duties and responsibilities as
prescribed by law, including but not limited for password identification to the
district’s network. Authorized by §19.071(5)(a)2, Fla. Stat.
16. The individual expressly consents in writing to
the disclosure of his or her Social Security number. Authorized
by §19.071(5)(a)6c, Fla. Stat.
17. The disclosure of the Social Security number is made to prevent and
combat terrorism. Authorized by
the federal Patriot Act of 2001, Public Law 107-56 and Presidential Executive
18. The disclosure of the Social Security number is made to a commercial
entity for the permissible uses set forth in the following statutes and rules: Federal
Driver’s Privacy Protection Act of 1994, federal law 18 U.S.C. §2721et seq; the
Fair Credit Reporting Act, 15 U.S.C. §1681et seq; or the Financial Services
Modernization Act of 1999, 15 U.S.C. §6801et seq, (provided that the authorized
commercial entity complies with the requirements of paragraph 5 in §119.071,
19. Income for Medicaid eligibility, determine the
amount of medical assistance payments, process Medicaid billing, and provide
program follow-up. Required by federal regulation 42 C.F.R. §435.910,
unless student applicant for Medicaid refuses to obtain a Social Security number, based on
well-established religious objections.
*Note: Separate statements set forth the
reasons for collecting, using or releasing the Social Security numbers of
employees and volunteers.
401.9 — Transfer of students from classroom
Parents who prefer that
their student not remain in the classroom to which they are assigned may
request that the student be moved to another teacher. The request must be
submitted on a request form available on the website or in the office of the
The parent or guardian submitting the form
must provide a reason for requesting the change and what steps they have taken
to resolve their concerns prior to requesting that the student be transferred
to another classroom. Requests will be approved or denied by the
school principal within two weeks. If the request is approved, the teacher with
whom the student is to be placed will be determined by the principal.