Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for SB 2-B
       
       
       
       
       
       
                                Ì477674OÎ477674                         
       
                              LEGISLATIVE ACTION                        
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       Senator Smith moved the following:
       
    1         Senate Amendment to Amendment (843850) (with title
    2  amendment)
    3  
    4         Between lines 1630 and 1631
    5  insert:
    6         Section 44. Paragraph (a) of subsection (2) of section
    7  1002.221, Florida Statutes, is amended, and paragraph (d) is
    8  added to that subsection, to read:
    9         1002.221 K-12 education records; public records exemption.—
   10         (2)(a) An agency or institution, as defined in s. 1002.22,
   11  may not release a student’s education records without the
   12  written consent of the student or parent to any individual,
   13  agency, or organization, except in accordance with and as
   14  permitted by the FERPA. For the purposes of this section,
   15  education records include personal identifying information
   16  relating to a student’s immigration status, as permitted by
   17  FERPA.
   18         (d)1. An employee of an agency or institution as defined in
   19  s. 1002.22 who violates this section is subject to disciplinary
   20  action, which may include suspension without pay for up to 30
   21  days or termination of employment with the agency or
   22  organization.
   23         2. A teacher as defined in s. 112.1915(1)(b) who violates
   24  this section is subject to, in addition to the disciplinary
   25  action of subparagraph 1., review of his or her educator
   26  certification by the Department of Education. The department
   27  shall make a determination as to the revocation of the educator
   28  certification.
   29         3. An individual may report a violation of this section to
   30  the department. The department shall conduct an investigation of
   31  the alleged violation within 30 days after the report is made.
   32  The department shall cooperate with any individual, agency, or
   33  organization as authorized by FERPA.
   34         4. This paragraph may not be construed as creating a
   35  private cause of action against an employee or a school district
   36  for a violation of FERPA related to the disclosure of a
   37  student’s immigration status.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Between lines 2038 and 2039
   42  insert:
   43         amending s. 1002.221, F.S.; providing that a student’s
   44         education records include personal identifying
   45         information relating to a student’s immigration
   46         status; providing for disciplinary action; requiring
   47         that a teacher’s educator certification be reviewed by
   48         the Department of Education after a certain violation;
   49         requiring the department to make a determination on
   50         the revocation of a teacher’s educator certification
   51         after a violation is reported; requiring the
   52         department to conduct an investigation within 30 days
   53         after a reported violation; providing construction;