Florida Statute 1002.22 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1002
STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES

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1002.22 Education records and reports of K-12 students; rights of parents and students; notification; penalty.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Agency” means any board, agency, or other entity that provides administrative control or direction of or performs services for public elementary or secondary schools, centers, or other institutions as defined in this chapter.

(b) “Institution” means any public school, center, institution, or other entity that is part of Florida’s education system under s. 1000.04(2), (4), and (5).

(2) RIGHTS OF STUDENTS AND PARENTS.—The rights of students and their parents with respect to education records created, maintained, or used by public educational institutions and agencies shall be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, the implementing regulations issued pursuant thereto, and this section. In order to maintain the eligibility of public educational institutions and agencies to receive federal funds and participate in federal programs, the State Board of Education shall comply with the FERPA after the board has evaluated and determined that the FERPA is consistent with the following principles:

(a) Students and their parents shall have the right to access their education records, including the right to inspect and review those records.

(b) Students and their parents shall have the right to waive their access to their education records in certain circumstances.

(c) Students and their parents shall have the right to challenge the content of education records in order to ensure that the records are not inaccurate, misleading, or otherwise a violation of privacy or other rights.

(d) Students and their parents shall have the right of privacy with respect to such records and reports.

(e) Students and their parents shall receive annual notice of their rights with respect to education records.

(3) DUTIES AND RESPONSIBILITIES.—The State Board of Education shall:

(a) Adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.

(b) Monitor the FERPA and notify the Legislature of any significant change to the requirements of the FERPA or other major changes in federal law which may impact this section.

(c) Advise the Legislature of any change in the FERPA which may create a need for an exemption to the requirements of s. 24(a), Art. I of the State Constitution.

(4) PENALTY.—If any official or employee of an institution refuses to comply with this section, the aggrieved parent or student has an immediate right to bring an action in circuit court to enforce his or her rights by injunction. Any aggrieved parent or student who receives injunctive relief may be awarded attorney fees and court costs.

(5) APPLICABILITY TO RECORDS OF DEFUNCT INSTITUTIONS.—This section applies to student records that any nonpublic educational institution that is no longer operating has deposited with the district school superintendent in the county where the nonpublic educational institution was located.

History.—s. 94, ch. 2002-387; s. 4, ch. 2004-356; s. 78, ch. 2004-357; s. 13, ch. 2004-484; s. 2, ch. 2009-239; s. 1, ch. 2014-41; s. 30, ch. 2021-10.

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Amendments to 1002.22

Annotations, Discussions, Cases:

Cases Citing Statute 1002.22

Total Results: 8 | Sort by: Relevance | Newest First

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WFTV, Inc. v. Sch. Bd. of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).

Cited 12 times | Published | Florida 5th District Court of Appeal | 32 Media L. Rep. (BNA) 2078, 2004 Fla. App. LEXIS 6711, 2004 WL 1072839

...eillance Videotape. See, e.g., Tampa Television, Inc. v. School Board of Hillsborough County, 659 So.2d 331 (Fla. 2d DCA 1995). [3] Chapter 2002-387, section 1058 repealed section 228.093, effective January 7, 2003. Section 228.093 was recodified as section 1002.22, Florida Statutes (2002)....

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W.C. Chesser v. Babcock & Wilcox, 753 F.2d 1570 (11th Cir. 1985).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28183, 102 Lab. Cas. (CCH) 11, 392

defendant. 5 . Defined in 29 U.S.C. § 1002(22) as "the greater of the early retirement benefit

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Johnson v. Deluz, 875 So. 2d 1 (Fla. 4th DCA 2004).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 433054

..."Every student shall have a right of privacy with respect to the educational records kept on him or her. Personally identifiable records or reports of a student, and any personal information contained therein, are confidential and exempt from the provisions of s. 119.07(1)." § 1002.22, Fla. Stat. Further, "records and reports" is broadly defined. See § 1002.22(2)(c), Fla....

...f public education and with respect to whom an educational institution maintains educational records and reports or personally identifiable information, but does not include a person who has not been in attendance as an enrollee at such institution. § 1002.22(2)(d), Fla....

...s or reports shall be furnished to the parent or student upon request. 2. Other school officials, including teachers within the educational institution or agency, who have legitimate educational interests in the information contained in the records. § 1002.22(3)(d), Fla....

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Sch. Bd. of Miami-Dade Cnty. v. Martinez-Oller, 167 So. 3d 451 (Fla. 3d DCA 2015).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5036, 2015 WL 1578664

...Board is whether [his] injury was proximately caused by . . . the school board’s violation of its duty.” The trial court reversibly erred by directing a verdict on the issue of duty. 2 The protections of FERPA are also provided to students and their parents under state law. See § 1002.22, Fla....

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Dep't of Health v. Poss, 45 So. 3d 510 (Fla. 1st DCA 2010).

Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14075, 2010 WL 3655931

...uld be sealed and remain confidential and unavailable for public inspection if they were received into evidence or proffered at the final hearing. [2] Section 228.093 was repealed by chapter 2002-387, section 1058, Laws of Florida, and recodified as section 1002.22, Florida Statutes (2002). Section 1002.22, in turn, was substantially rewritten in 2009....

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Ago (Fla. Att'y Gen. 2006).

Published | Florida Attorney General Reports

records requested are public records. However, section 1002.22(3)(d), Florida Statutes, gives every student

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C.L.W. v. State, 920 So. 2d 109 (Fla. 1st DCA 2006).

Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 435, 2006 WL 141466

PER CURIAM. Appellant was adjudicated delinquent for committing the offenses of Armed Burglary with a Firearm and Grand Theft of a Firearm. Appellant asserts that the trial court erred by (i) violating appellant’s privacy right, arising from section 1002.22(3)(d), Florida Statutes (2005), by admitting testimony concerning information from appellant’s school records, (ii) denying his motion for judgment of acquittal because the name of the victim and location of the crime alleged in the...

...Furthermore, the principal was not shown any school records during his testimony, nor has there been any allegation that the principal acquired the substance of his testimony from any protected source. Appellant’s privacy right in his educational records, as defined by section 1002.22(3)(d), has not been infringed....

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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

substantially the following questions: 1. Does section 1002.22(2)(d), Florida Statutes, create an exemption

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