|The School Board of Miami-Dade County|
|Bylaws & Policies|
|Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.|
8350 - CONFIDENTIALITY
State and Federal law require that student education records, including health records, be confidential. (See Policy 8330) State law also exempts certain information and records from public disclosure (see Policy 8310). The Board shall maintain this information and records as confidential.
Pursuant to State law, any District employee who has custody of information and records for which there is a statutory exemption to the right of any person to inspect and copy a public record has the duty and obligation to assert the exemption and redact the confidential information from the record before producing the remainder of such record for inspection and copying.
Individuals who have access to student education records may not remove them from Board property without express permission from their building principal or supervisor. An individual authorized to remove student education records from school property is responsible for the safety and security of the records and for returning them to the District intact. Confidential information and records may not be disclosed except as authorized by Board policy and procedures.
A student's educational record and all personally identifiable information shall not be properly released except on the condition that the information being transferred will not be subsequently released to any other party without first obtaining the consent of the parent or adult/eligible student. The disclosed information may be used by the appropriate officials of the agency or institution to which the information was properly released, but only for the purpose for which the disclosure was made.
Released copies of educational records and personally identifiable information must be destroyed when no longer required by the person to whom the information was appropriately released. In order to comply with the above, all copies of the information being released should be marked as follows: "Information contained herein may not be released without written permission of the parent or eligible student. This information shall be destroyed when no longer needed."
Employees who have access to confidential information and records while employed are legally obligated to maintain such confidences beyond their term of employment in the District and are prohibited from releasing, disclosing, or otherwise disseminating confidential information or records subsequent to leaving employment.
Confidential Information Received from Another Public Agency
When the District receives in trust from a public agency information identified as confidential (whether such information is confidential by Florida law, Common Law Privilege, Case Law, or Federal law), the Board will maintain the confidentiality to the maximum extent permitted by law.
In order to prohibit the unauthorized disclosure of information identified as confidential by the sending public agency, the Board may seek to obtain court protection by:
|A.||denying requests for release of such information absent subpoena or court order;|
|B.||pursuing motions to quash or protective orders to prohibit unauthorized/unlawful disclosure of such information.|
When possible, the Board will attempt to notify the sending public agency of the request for release of confidential information that it provided to the District before complying with the request.
Limited Use of Social Security Numbers and Other Statutorily Exempt Information
The District shall restrict access to personally identifiable information contained in employee and student personnel records collected in the course of the District's business. Pursuant to State law, all social security numbers held by the District are confidential and exempt from F.S. 119.071 and Section 24(a), Article I of the State Constitution. This exemption applies to all social security numbers held by the District before, on, or after the effective date of this exemption. In addition, there are statutory exemptions for other personally identifiable information.
Neither the Board nor its employees shall permit the release of the social security numbers or other statutorily exempt information of an employee, student, or other individual except according to law. Access to documents containing social security numbers shall be restricted to only those District employees who have a need to know such information.
Social security numbers shall only be collected in order to fulfill the Board’s responsibilities as prescribed by law. The District, upon the collection of an individual's social security number, and upon the individual's request, shall provide that person with a statement of the purpose or purposes for which the social security number is being collected and used. Social security numbers shall not be used by the District for any purpose other than the purpose stated.
Pursuant to State law, if a document containing social security numbers and/or other statutorily exempt information is to be released in compliance with a public records request, the social security numbers and/or the other statutorily exempt information shall be redacted before the document is provided to the requestor.
Social security numbers may be disclosed to another governmental entity or its agents or employees if disclosure is necessary for that agency to perform its duties and responsibilities. The District shall inform the receiving agency in writing of its obligation to maintain the confidential and exempt status of such information.
Enforcement and Consequences
Employees who intentionally display, disclose, transfer, or unlawfully use the social security number of any student, employee, or other individual, as well as any other statutorily exempt, confidential information, in violation of this policy shall be subject to discipline, up to and including termination.
The Superintendent shall provide all staff with access to this policy and train staff who have access to files and records that contain confidential information and/or social security numbers, to ensure that such information is released only according to Federal and State law and this policy, as well as the consequences if they fail.
F.S. 119.07(1)d; 119.071(5)(a)2, 119.071(5)(a)3, 119.071(5)(a)4; 119.071(5)(a)5
20 U.S.C. 1232g