Schenectady, NY asked in Education Law and Consumer Law for Florida

Q: Can my son's school share disciplinary records with outside vendors in Florida?

I'm concerned about whether my son's elementary school is allowed to share disciplinary records, related to a simple battery incident, with outside vendors that come to the school. I have not been informed about the school's policy regarding this, and I have not given consent for sharing these records.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under Florida law, a school must obtain parental consent before sharing a student's disciplinary records with outside vendors. The Family Educational Rights and Privacy Act (FERPA) ensures that parents have access to their children's education records and control over the disclosure of personally identifiable information. Schools are permitted to disclose such information without consent only under specific circumstances, such as to school officials with legitimate educational interests or in compliance with a judicial order. citeturn0search0

Additionally, Florida's Student Online Personal Information Protection Act (SOPIPA) further restricts operators from collecting or sharing personal identifying information about students without written consent from parents or guardians. citeturn0search5

Given that your son's school has not informed you about their policy regarding the sharing of disciplinary records and has not obtained your consent, it appears they may be in violation of these regulations. It's advisable to request a meeting with school administrators to discuss your concerns and seek clarification on their data-sharing practices. If the issue persists, you may consider filing a complaint with the U.S. Department of Education's Family Policy Compliance Office, which oversees FERPA compliance. citeturn0search0

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