PROGRAM
Little Learners Teen Parent
Academy (8th Grade) Middle School (7th amp 8th Grades)
Alternative High (9th-12th Grades) Off Campus Locations
Student amp Parent
STUDENT ID POLICY
The purpose of the ID card is to identify a person as a student or staff member associated with
Henry D Perry Education Center or Henry D Perry Off Campus Learning Sites therefore
allowing a quick response to trespassers Students are required to wear their ID at all
times Failure to do so will result in disciplinary action for students
The procedures are as follows
1 ID cards must be hung on a lanyard around the neck during the entire school day
2 ID cards must be worn with the picture facing out
3 ID cards must not be defaced or altered (no stickers no coloring etc)
4 ID cards must be worn on the outermost layer of clothing
5 Temporary IDs may be purchased for $100 with no disciplinary action
6 Replacement lanyards will be sold for $100
7 Replacement permanent IDrsquos will be sold for $500
NOTE STUDENTS WILL NOT BE ALLOWED TO ATTEND CLASS WITHOUT AN ID
OR A TEMPORARY ID CARD DISPLAYED PROPERLY
NO FIGHTING POLICY
Henry D Perry Education Center endorses a NO FIGHTING policy Students who engage in any form of altercation physical verbal or disruptive inappropriate behavior will be subject to withdrawal from Henry D Perry Education Center and will be advised to enroll in an educational setting that more appropriately meets their needs This includes instances of fighting that may occur on campus at a SBBC bus stop or on a SBBC bus
2 of 27
Henry D Perry Education Center is a ldquoNO BOOK BAG SCHOOLrdquo
bull Young lady will be able to bring SMALL bags for personal items only as shown in the picture
below
bull Athletes and Workers are able to bring a CLEAR or MESH book bag
Must complete a Book Bag Application Form
ldquoBook bags that are Acceptable on Campusrdquo
Weavers are available on a case to case bases
3 of 27
Henry D Perry Education Center Bookbag Policy
Henry D Perry Education Center AcademicAttendance Plan Prior to Enrollment
As a condition for admission to the Henry D Perry Education Center Off Campusrsquo Alternative Program these guidelines have been developed listing terms and conditions under which the above-named student may attend school at HDPEC The AcademicAttendance Plan is set forth to encourage the student to establish behaviors and practices conducive to improving hisher academic performance
Condition 1 The student will abide by the rules set forth in the 2019-2020 Broward County Code ofStudent Conduct while on campus
Condition 2 The student will not engage in any verbal or physical altercations
Condition 3 The student will exhibit a positive attitude appropriate verbal interactions and respect toward teachers peers and administration
Condition 4 The student will show respect to teachers by not using a tone of voice that is disrespectful or language that is inappropriate
Condition 5 The student must perform satisfactory work in the classroom each day heshe attends
Condition 6 The student is expected to attend school on a regular basis and remain on the school premises leaving the classroom without permission is not permitted Any student that signs out must leave the premises and will not be allowed to return to school that day
Condition 7 The use of computers networks and on-line telecommunications systems must be related to studentrsquos educational activities
Consequences It is recognized that the competency-based instructional environment at Henry D Perry Education Center may not be the most appropriate setting for all students As a result failure to enter into this agreement andor violating any of the conditions set forth above may result in recommendation that the student be transferred back to hisher boundary school
4 of 27
Henry D Perry Education Center - Off Campus
Attendance Reporting Policy for the
Alternative High School Program Students
Attendance at Henry D Perry Education CenterOff-Campus is taken each period of each day Students
who have more than 15 unexcused absences within a 90-day period may have their driverrsquos license
suspended per the Department of Motor Vehicles According to the Attendance Policy 55 an absence
must be excused by a parentguardian for students under 18 years of age Students over the age of 18 can
report their absence themselves Absences may be reported via our website It is imperative that you keep
us informed of any changes regarding your address and phone number(s) Excused absences must be
reported within 48 hours (2 days) of the absence for each day the student is absent
Note Henry D Perry Education CenterOff-Campus locations follow the same school calendar as
Broward County Public Schools Exception On Early Release Days the Henry D Perry Education
CenterOff-Campus locations operate on a normal schedule Working from home is considered an
unexcused absence
Attendance Website wwwhenrydperryeducationcentercom
To make it easier for you to report an absence the following procedures have been developed
Go to wwwhenrydperryeducationcentercom
You will be asked to provide the following information
Studentrsquos first and last name
Studentrsquos FSI number (06)
Studentrsquos date of birth
Reason for absence
Exact date(s) of absence
Name of the person calling your phone number and relationship to the student
You can also upload a copy of your documentation (ie doctorrsquos note court subpoena death certificate)
Please ensure that the information provided is accurate
Students who do not follow these procedures could be withdrawn for non-attendance
5 of 27
Attention
Student amp ParentGuardian
If your student is interested in NCAA (Athletic Scholarship) eligibility
DO NOT take any Odysseyware courses during the day or as a co-
enrolled student The NCAA may not accept these credits and your
childrsquos acceptanceathletic scholarship could be jeopardized
My signature confirms that I read and understand the possible NCAA
implications of my child taking Odysseyware courses
Any student requiring paper and pencil classes must provide an official letter signed by their coach indicating the student is currently a member of a specific sports team and is eligible for a sports scholarships
Henry D Perry Education Center
NCAA Scholarship Eligibility Notice
New Policy
6 of 27
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
STUDENT ID POLICY
The purpose of the ID card is to identify a person as a student or staff member associated with
Henry D Perry Education Center or Henry D Perry Off Campus Learning Sites therefore
allowing a quick response to trespassers Students are required to wear their ID at all
times Failure to do so will result in disciplinary action for students
The procedures are as follows
1 ID cards must be hung on a lanyard around the neck during the entire school day
2 ID cards must be worn with the picture facing out
3 ID cards must not be defaced or altered (no stickers no coloring etc)
4 ID cards must be worn on the outermost layer of clothing
5 Temporary IDs may be purchased for $100 with no disciplinary action
6 Replacement lanyards will be sold for $100
7 Replacement permanent IDrsquos will be sold for $500
NOTE STUDENTS WILL NOT BE ALLOWED TO ATTEND CLASS WITHOUT AN ID
OR A TEMPORARY ID CARD DISPLAYED PROPERLY
NO FIGHTING POLICY
Henry D Perry Education Center endorses a NO FIGHTING policy Students who engage in any form of altercation physical verbal or disruptive inappropriate behavior will be subject to withdrawal from Henry D Perry Education Center and will be advised to enroll in an educational setting that more appropriately meets their needs This includes instances of fighting that may occur on campus at a SBBC bus stop or on a SBBC bus
2 of 27
Henry D Perry Education Center is a ldquoNO BOOK BAG SCHOOLrdquo
bull Young lady will be able to bring SMALL bags for personal items only as shown in the picture
below
bull Athletes and Workers are able to bring a CLEAR or MESH book bag
Must complete a Book Bag Application Form
ldquoBook bags that are Acceptable on Campusrdquo
Weavers are available on a case to case bases
3 of 27
Henry D Perry Education Center Bookbag Policy
Henry D Perry Education Center AcademicAttendance Plan Prior to Enrollment
As a condition for admission to the Henry D Perry Education Center Off Campusrsquo Alternative Program these guidelines have been developed listing terms and conditions under which the above-named student may attend school at HDPEC The AcademicAttendance Plan is set forth to encourage the student to establish behaviors and practices conducive to improving hisher academic performance
Condition 1 The student will abide by the rules set forth in the 2019-2020 Broward County Code ofStudent Conduct while on campus
Condition 2 The student will not engage in any verbal or physical altercations
Condition 3 The student will exhibit a positive attitude appropriate verbal interactions and respect toward teachers peers and administration
Condition 4 The student will show respect to teachers by not using a tone of voice that is disrespectful or language that is inappropriate
Condition 5 The student must perform satisfactory work in the classroom each day heshe attends
Condition 6 The student is expected to attend school on a regular basis and remain on the school premises leaving the classroom without permission is not permitted Any student that signs out must leave the premises and will not be allowed to return to school that day
Condition 7 The use of computers networks and on-line telecommunications systems must be related to studentrsquos educational activities
Consequences It is recognized that the competency-based instructional environment at Henry D Perry Education Center may not be the most appropriate setting for all students As a result failure to enter into this agreement andor violating any of the conditions set forth above may result in recommendation that the student be transferred back to hisher boundary school
4 of 27
Henry D Perry Education Center - Off Campus
Attendance Reporting Policy for the
Alternative High School Program Students
Attendance at Henry D Perry Education CenterOff-Campus is taken each period of each day Students
who have more than 15 unexcused absences within a 90-day period may have their driverrsquos license
suspended per the Department of Motor Vehicles According to the Attendance Policy 55 an absence
must be excused by a parentguardian for students under 18 years of age Students over the age of 18 can
report their absence themselves Absences may be reported via our website It is imperative that you keep
us informed of any changes regarding your address and phone number(s) Excused absences must be
reported within 48 hours (2 days) of the absence for each day the student is absent
Note Henry D Perry Education CenterOff-Campus locations follow the same school calendar as
Broward County Public Schools Exception On Early Release Days the Henry D Perry Education
CenterOff-Campus locations operate on a normal schedule Working from home is considered an
unexcused absence
Attendance Website wwwhenrydperryeducationcentercom
To make it easier for you to report an absence the following procedures have been developed
Go to wwwhenrydperryeducationcentercom
You will be asked to provide the following information
Studentrsquos first and last name
Studentrsquos FSI number (06)
Studentrsquos date of birth
Reason for absence
Exact date(s) of absence
Name of the person calling your phone number and relationship to the student
You can also upload a copy of your documentation (ie doctorrsquos note court subpoena death certificate)
Please ensure that the information provided is accurate
Students who do not follow these procedures could be withdrawn for non-attendance
5 of 27
Attention
Student amp ParentGuardian
If your student is interested in NCAA (Athletic Scholarship) eligibility
DO NOT take any Odysseyware courses during the day or as a co-
enrolled student The NCAA may not accept these credits and your
childrsquos acceptanceathletic scholarship could be jeopardized
My signature confirms that I read and understand the possible NCAA
implications of my child taking Odysseyware courses
Any student requiring paper and pencil classes must provide an official letter signed by their coach indicating the student is currently a member of a specific sports team and is eligible for a sports scholarships
Henry D Perry Education Center
NCAA Scholarship Eligibility Notice
New Policy
6 of 27
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Henry D Perry Education Center is a ldquoNO BOOK BAG SCHOOLrdquo
bull Young lady will be able to bring SMALL bags for personal items only as shown in the picture
below
bull Athletes and Workers are able to bring a CLEAR or MESH book bag
Must complete a Book Bag Application Form
ldquoBook bags that are Acceptable on Campusrdquo
Weavers are available on a case to case bases
3 of 27
Henry D Perry Education Center Bookbag Policy
Henry D Perry Education Center AcademicAttendance Plan Prior to Enrollment
As a condition for admission to the Henry D Perry Education Center Off Campusrsquo Alternative Program these guidelines have been developed listing terms and conditions under which the above-named student may attend school at HDPEC The AcademicAttendance Plan is set forth to encourage the student to establish behaviors and practices conducive to improving hisher academic performance
Condition 1 The student will abide by the rules set forth in the 2019-2020 Broward County Code ofStudent Conduct while on campus
Condition 2 The student will not engage in any verbal or physical altercations
Condition 3 The student will exhibit a positive attitude appropriate verbal interactions and respect toward teachers peers and administration
Condition 4 The student will show respect to teachers by not using a tone of voice that is disrespectful or language that is inappropriate
Condition 5 The student must perform satisfactory work in the classroom each day heshe attends
Condition 6 The student is expected to attend school on a regular basis and remain on the school premises leaving the classroom without permission is not permitted Any student that signs out must leave the premises and will not be allowed to return to school that day
Condition 7 The use of computers networks and on-line telecommunications systems must be related to studentrsquos educational activities
Consequences It is recognized that the competency-based instructional environment at Henry D Perry Education Center may not be the most appropriate setting for all students As a result failure to enter into this agreement andor violating any of the conditions set forth above may result in recommendation that the student be transferred back to hisher boundary school
4 of 27
Henry D Perry Education Center - Off Campus
Attendance Reporting Policy for the
Alternative High School Program Students
Attendance at Henry D Perry Education CenterOff-Campus is taken each period of each day Students
who have more than 15 unexcused absences within a 90-day period may have their driverrsquos license
suspended per the Department of Motor Vehicles According to the Attendance Policy 55 an absence
must be excused by a parentguardian for students under 18 years of age Students over the age of 18 can
report their absence themselves Absences may be reported via our website It is imperative that you keep
us informed of any changes regarding your address and phone number(s) Excused absences must be
reported within 48 hours (2 days) of the absence for each day the student is absent
Note Henry D Perry Education CenterOff-Campus locations follow the same school calendar as
Broward County Public Schools Exception On Early Release Days the Henry D Perry Education
CenterOff-Campus locations operate on a normal schedule Working from home is considered an
unexcused absence
Attendance Website wwwhenrydperryeducationcentercom
To make it easier for you to report an absence the following procedures have been developed
Go to wwwhenrydperryeducationcentercom
You will be asked to provide the following information
Studentrsquos first and last name
Studentrsquos FSI number (06)
Studentrsquos date of birth
Reason for absence
Exact date(s) of absence
Name of the person calling your phone number and relationship to the student
You can also upload a copy of your documentation (ie doctorrsquos note court subpoena death certificate)
Please ensure that the information provided is accurate
Students who do not follow these procedures could be withdrawn for non-attendance
5 of 27
Attention
Student amp ParentGuardian
If your student is interested in NCAA (Athletic Scholarship) eligibility
DO NOT take any Odysseyware courses during the day or as a co-
enrolled student The NCAA may not accept these credits and your
childrsquos acceptanceathletic scholarship could be jeopardized
My signature confirms that I read and understand the possible NCAA
implications of my child taking Odysseyware courses
Any student requiring paper and pencil classes must provide an official letter signed by their coach indicating the student is currently a member of a specific sports team and is eligible for a sports scholarships
Henry D Perry Education Center
NCAA Scholarship Eligibility Notice
New Policy
6 of 27
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Henry D Perry Education Center AcademicAttendance Plan Prior to Enrollment
As a condition for admission to the Henry D Perry Education Center Off Campusrsquo Alternative Program these guidelines have been developed listing terms and conditions under which the above-named student may attend school at HDPEC The AcademicAttendance Plan is set forth to encourage the student to establish behaviors and practices conducive to improving hisher academic performance
Condition 1 The student will abide by the rules set forth in the 2019-2020 Broward County Code ofStudent Conduct while on campus
Condition 2 The student will not engage in any verbal or physical altercations
Condition 3 The student will exhibit a positive attitude appropriate verbal interactions and respect toward teachers peers and administration
Condition 4 The student will show respect to teachers by not using a tone of voice that is disrespectful or language that is inappropriate
Condition 5 The student must perform satisfactory work in the classroom each day heshe attends
Condition 6 The student is expected to attend school on a regular basis and remain on the school premises leaving the classroom without permission is not permitted Any student that signs out must leave the premises and will not be allowed to return to school that day
Condition 7 The use of computers networks and on-line telecommunications systems must be related to studentrsquos educational activities
Consequences It is recognized that the competency-based instructional environment at Henry D Perry Education Center may not be the most appropriate setting for all students As a result failure to enter into this agreement andor violating any of the conditions set forth above may result in recommendation that the student be transferred back to hisher boundary school
4 of 27
Henry D Perry Education Center - Off Campus
Attendance Reporting Policy for the
Alternative High School Program Students
Attendance at Henry D Perry Education CenterOff-Campus is taken each period of each day Students
who have more than 15 unexcused absences within a 90-day period may have their driverrsquos license
suspended per the Department of Motor Vehicles According to the Attendance Policy 55 an absence
must be excused by a parentguardian for students under 18 years of age Students over the age of 18 can
report their absence themselves Absences may be reported via our website It is imperative that you keep
us informed of any changes regarding your address and phone number(s) Excused absences must be
reported within 48 hours (2 days) of the absence for each day the student is absent
Note Henry D Perry Education CenterOff-Campus locations follow the same school calendar as
Broward County Public Schools Exception On Early Release Days the Henry D Perry Education
CenterOff-Campus locations operate on a normal schedule Working from home is considered an
unexcused absence
Attendance Website wwwhenrydperryeducationcentercom
To make it easier for you to report an absence the following procedures have been developed
Go to wwwhenrydperryeducationcentercom
You will be asked to provide the following information
Studentrsquos first and last name
Studentrsquos FSI number (06)
Studentrsquos date of birth
Reason for absence
Exact date(s) of absence
Name of the person calling your phone number and relationship to the student
You can also upload a copy of your documentation (ie doctorrsquos note court subpoena death certificate)
Please ensure that the information provided is accurate
Students who do not follow these procedures could be withdrawn for non-attendance
5 of 27
Attention
Student amp ParentGuardian
If your student is interested in NCAA (Athletic Scholarship) eligibility
DO NOT take any Odysseyware courses during the day or as a co-
enrolled student The NCAA may not accept these credits and your
childrsquos acceptanceathletic scholarship could be jeopardized
My signature confirms that I read and understand the possible NCAA
implications of my child taking Odysseyware courses
Any student requiring paper and pencil classes must provide an official letter signed by their coach indicating the student is currently a member of a specific sports team and is eligible for a sports scholarships
Henry D Perry Education Center
NCAA Scholarship Eligibility Notice
New Policy
6 of 27
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Henry D Perry Education Center - Off Campus
Attendance Reporting Policy for the
Alternative High School Program Students
Attendance at Henry D Perry Education CenterOff-Campus is taken each period of each day Students
who have more than 15 unexcused absences within a 90-day period may have their driverrsquos license
suspended per the Department of Motor Vehicles According to the Attendance Policy 55 an absence
must be excused by a parentguardian for students under 18 years of age Students over the age of 18 can
report their absence themselves Absences may be reported via our website It is imperative that you keep
us informed of any changes regarding your address and phone number(s) Excused absences must be
reported within 48 hours (2 days) of the absence for each day the student is absent
Note Henry D Perry Education CenterOff-Campus locations follow the same school calendar as
Broward County Public Schools Exception On Early Release Days the Henry D Perry Education
CenterOff-Campus locations operate on a normal schedule Working from home is considered an
unexcused absence
Attendance Website wwwhenrydperryeducationcentercom
To make it easier for you to report an absence the following procedures have been developed
Go to wwwhenrydperryeducationcentercom
You will be asked to provide the following information
Studentrsquos first and last name
Studentrsquos FSI number (06)
Studentrsquos date of birth
Reason for absence
Exact date(s) of absence
Name of the person calling your phone number and relationship to the student
You can also upload a copy of your documentation (ie doctorrsquos note court subpoena death certificate)
Please ensure that the information provided is accurate
Students who do not follow these procedures could be withdrawn for non-attendance
5 of 27
Attention
Student amp ParentGuardian
If your student is interested in NCAA (Athletic Scholarship) eligibility
DO NOT take any Odysseyware courses during the day or as a co-
enrolled student The NCAA may not accept these credits and your
childrsquos acceptanceathletic scholarship could be jeopardized
My signature confirms that I read and understand the possible NCAA
implications of my child taking Odysseyware courses
Any student requiring paper and pencil classes must provide an official letter signed by their coach indicating the student is currently a member of a specific sports team and is eligible for a sports scholarships
Henry D Perry Education Center
NCAA Scholarship Eligibility Notice
New Policy
6 of 27
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Attention
Student amp ParentGuardian
If your student is interested in NCAA (Athletic Scholarship) eligibility
DO NOT take any Odysseyware courses during the day or as a co-
enrolled student The NCAA may not accept these credits and your
childrsquos acceptanceathletic scholarship could be jeopardized
My signature confirms that I read and understand the possible NCAA
implications of my child taking Odysseyware courses
Any student requiring paper and pencil classes must provide an official letter signed by their coach indicating the student is currently a member of a specific sports team and is eligible for a sports scholarships
Henry D Perry Education Center
NCAA Scholarship Eligibility Notice
New Policy
6 of 27
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Henry D Perry Education Center
Critical Dates for Graduating SeniorshellipMark your Calendars
The last day for Graduating Seniors to be enrolled in
ldquoNEWrdquoadditional web-based courses will be Thursday April 9th 2020
All Graduating Seniors who want to return to their home high school
MUST be cleared for graduation by Thursday April 30th 2020
Withdrawals will not be granted after May 1st 2020
All Graduating Seniors MUST be cleared for graduation (have all
community service hours coursework and credits awarded) by
Friday May 15th 2020
All Graduating Seniors who have been enrolled for nine (9) months
or longer will not be permitted to return to their home high school
7 of 27
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Parents and Students The Code of Student Conduct handbook has gone green The 2019-2020 Broward County Public Schools Code of Student Conduct handbook is available to parents and students electronically in English Haitian-Creole Spanish and Portuguese A limited number of printed copies and signature pages are available to parentsguardians Parentsguardians mat contact their school to request a copy An electronic version of the handbook will be emailed to parents and students who have entered their email addresses in the Districtrsquos Virtual Counselor Parents and students may also access the handbook through the BEEP Portal for parents or students as well as a variety of new electronic sources including Quick Response Code (QRC) for smartphones
Parents and students may add or update their email addresses and register for Virtual Counselor access at wwwbrowardk12flusdwh
The Code of Student Conduct handbook will continue to be available on the Districtrsquos website at wwwbrowardschoolscom wwwbrowardpreventionorg andor BEEP under the Code of Student Conduct tab
Henry D Perry Education Center
8 of 27
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
THE SCHOOL BOARD OF BROWARD COUNTY FLORIDA 1400 NW 14th Ct Bldg 17 bull Fort Lauderdale Florida 33301 bull 754-321-1575
Te School Board of Coordinated Students Health Services Broward County Florida Marcia Bynoe ARNP-BC MSN FNPSNP Director wwwbrowardschoolscom marciabynoebrowardschoolscom Heather P Brinkworth Chair
Donna P Korn Vice Chair
Lori AlhadeffRobin Bartleman
Patricia Good Laurie Rich Levinson
Ann Murray Dr Rosalind Osgood
Robert W Runcie Superintendent of Schools
Dear Parent
The following information is to assist you as the parentguardian with providing health information required for your child by Broward County Public Schools If you should have any questions please feel free to contact your school
Medical Examination All students entering Broward County Public Schools for the frst time must have a medical examination performed within one year of registration The medical examination should be documented on the Florida Department of Health Form 3040 or on the providerrsquos ofcemedical facility stationery The appropriate formstationary should be completed signed and dated by the healthcare provider
Communicable DiseasesIllnesses Please inform the school if your child is out sick with a diagnosed communicable illness such as meningitis measles salmonella etc
Please keep your child home if your child has bull Flu-like symptoms bull Fever greater than 1004 degrees bull Sore throat coughs chills andor body aches bull Rashes yellow eye drainage or greenish-yellow phlegm from a cough or cold vomiting diarrhea etc
Chronic Health Conditions If your child has any of the following health conditions including but not limited to asthma diabetes cystic fbrosis sickle cell anemia seizures allergic reactions to food insect bites etc please inform the school
Parents should bull Document the chronic health condition on the Student Emergency Contact Card and complete the history on the back of the card bull Meet with school administration to discuss care of the student while at school bull If the student is on medication provide the school with a current Medication Authorization form signed by the healthcare provider and parent
Note A Diabetes MedicationTreatment Authorization form must be completed by the healthcare provider and parent for students with diabetes Students who received insulin via an insulin pump must also complete an Insulin Pump MedicationTreatment Authorization form
Nora Rupert
9 of 27
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Medication Administration at School (Prescription or Over-the-Counter) bull If your child needs to take over-the-counter (OTC) or prescribed medication at school or on a feld trip an Authorization for MedicationTreatment
form must be completed and signed by the healthcare provider and parent bull Parents must transportdeliver ALL medications to school staf in the original labeled container (unless your child is authorized to carry their
medication per the Authorization for MedicationTreatment form)
Authorization for Selected Over-the-Counter Medication (OTC) with Parental Approval Grades 9-12 Only bull If your child needs to take over-the-counter (OTC) medication at school or on a feld trip an Authorization for Selected Over-the-Counter
Medication (OTC) with Parental Approval Only form must be completed and signed by the parentguardian student and be notarized bull Self-carry self-administration of the selected over-the-counter medications only
bull Tylenol bull Motrin bull Allegra bull Claritin bull Tums bull Lactaid bull Midol
Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only bull Students in all grade levels are permitted to self-carry and self-administer bug insect mosquito repellent (wipes towelettes or lotions only) and
sunscreen (no aerosol products permitted bull An Authorization for Over-the-Counter (OTC) Topical Products with Parental Approval Only form must be completed and signed by the parent
guardian
Note Plan ahead for feld trips if your child needs medication for an overnight trip that heshe may not normally take at school Update changes to your childrsquos health condition as they occur
Immunizations (Please refer to FS 100322) bull Make sure your childrsquos required immunizations are up to date If you are not sure you can check with your healthcare provider or the Florida
Department of Health-Broward at (954) 467-4700 bull Parents may obtain medical exemptions from their healthcare provider or a religious exemption from the Florida Department of Health-Broward
School Health Centers Community Resources Immunizations amp Health Care bull Information is available on Broward County Public Schools website at httpwwwbrowardhealthservicescomresources bull If you do not have insurance you can request an application for Florida KidCare Insurance at your childrsquos school
Florida Heiken Childrenrsquos Vision Program bull The Florida Heiken Childrenrsquos Vision Program provides vision examinations and eyeglasses when prescribed to students in need of comprehensive
vision services at no cost to the student bull Eligible students for the program must meet the criteria of the Free and Reduced Lunch Program and have failed the vision screening bull The Florida Childrenrsquos Vision Program consent form will be sent home during the frst week of school for parentguardian signature bull If your child meets the above criteria and you would like your child to participate in the program please complete sign and return the consent
form to the school
Additional information on school entry requirements is available at httpwwwbrowardhealthservicescomparent-informationregistration-requirements
If you have any questions please contact your childrsquos school
10 of 27
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Communicable Diseases and Disclosures of Student Information To County Health Officials
Disclosures to health officials ndash disease spread 1-30-17 Page 1 of 3
Purpose
During times of a potential or confirmed spread of a communicable disease schools may receive requests from health officials from the county health department for student personally identifiable information (PII) Broward County Public Schools (BCPS) will collaborate with the Florida Department of Health in Broward County (DOH) to ensure the safety of all of our students The School District is also required by law to respect each studentrsquos privacy rights and to disclose student information only in compliance with state and federal laws This fact sheet covers the Districtrsquos procedures for disclosing student information to county health officials
Guiding Principles
1 Health officials need selected information pertaining to students to effectively address theoutbreak of a communicable disease
2 Students and parents have privacy rights under several laws including but not limited to
Family Educational Rights and Privacy Act (FERPA) (42 USC 1232g FERPA34 CFR Section 9930)
Under FERPA 34 CFR 9936 the District may disclose student PII withoutconsent after determining ldquothere is an articulable threat to the health and safety ofa student or other individualsrdquo
Florida Statutes 100222 1002221 and 1002222
3 In accordance with FERPA studentsrsquo PII is confidential and may only be disclosed tohealth officials as follows
With written consent of the parent or student age 18 or over
Without written consent in connection with a FERPA-defined health or safetyemergency as long as the disclosure is limited to the information necessary toaddress the public health threat In this context ldquoemergencyrdquo means a contagiousillness that has ldquopublic health significancerdquo
4 Pursuant to Florida Statute 100322(9) the presence of any of the communicable diseasesfor which immunization is required by the Department of Health in a Florida public schoolshall permit the county health department or State Health Officer to declare acommunicable disease emergency
11 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Disclosures to health officials ndash disease spread 1-30-17 Page 2 of 3
STEPS FOR WHEN THE SCHOOL PRINCIPAL SUSPECTS A DISEASE OUTBREAK
1 Principal notices symptoms increase in absences report of diseases etc2 Principal contacts Coordinated Student Health Services (754-321-1575) and Risk
Management (754-321-1900)3 In a collaborative effort Coordinated Student Health Services contacts DOH to ascertain
the student PII needed to address the situation4 Coordinated Student Health Services notifies the school as to information to be released to
DOH5 School discloses the information directly to DOH6 For information disclosed under the FERPA exception to consent school notates the
information released on the FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
7 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
STEPS IF DOH SUSPECTS A DISEASE OUTBREAK
1 DOH contacts Director of Coordinated Student Health Services (754-321-1575) andinforms Director of situation and student PII they will need
2 Coordinated Student Health Services notifies the school as to information to be releasedto DOH
3 School discloses the information directly to DOH4 For information disclosed under the FERPA exception to consent school notates the
information released on FERPA Disclosure Log (for each student) ndash or form letter (withdate of request date of disclosure type of information requested purpose of disclosureand person making the disclosure) The FERPA Disclosure Log may be found on theDistrictrsquos Privacy Information website at
httpwwwbrowardk12flusetscssrecretrecordsretpdfsFERPADISCLOSURELOGpdf
5 Director of Coordinated Student Health Services maintains record of location(s) impactedand rational basis for the disclosure
PRIOR TO A HEALTH OR SAFETY EMERGENCY
At times when there is a potential but not confirmed (by DOH) health or safety emergency the school may disclose student information to county health officials as followsIf the parent or student age 18 or over has signed the Release of Medical Information section of the Student
12 of 27
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Disclosures to health officials ndash disease spread 1-30-17 Page 3 of 3
Emergency Contact Card (SECC) the school may disclose the types of information listed in the consent statement from the SECC
ldquoI hereby authorize for my childrsquos medical information parental contact information and other health information (collected from health services provided at school including information stored electronically) to be shared with emergency personnel and health department officials to address conditions of public health importance including information to meet and to prepare for potential or confirmed health conditionsrdquo
The SECC may be found on the official forms website at this link httpwwwbrowardk12flusetscssrecretrecordsretpdfsStudentEmergencyCard4172pdf
1 If the county health department is requesting ldquodirectory informationrdquo only (includingstudent name parent name residential address telephone number date of birth andorschool grade level) the school may disclose the information as long as the parent or studentage 18 or over did not ldquoopt outrdquo of the disclosure on the completed FERPA Opt-OutNotification Form This form specifies the Board-approved purpose of the disclosure asfollows
ldquoto Broward County health officials for purposes of communicating with parents toaddress conditions of public health importance as determined by the Florida Departmentof Health (64D-3 FAC) including information to meet or to prepare for a potential orconfirmed health threathelliprdquo
The FERPA Opt-Out Notification Form may be found in the Code of Student Conduct (p xiii) at the following link
httpasp-ussecure-zonenetv2indexjspid=1151861039amplng=en
13 of 27
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Family Life amp Human Sexuality
Broward County Public Schools
14 of 27
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
15 of 27
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
What is Multi-Tiered System of Supports (MTSS) MTSS is a term used to describe an evidence-based model of schooling that integrates academic and
behavioral instruction and intervention to promote the success of all children
How will MTSSRtI impact my child
bull Multi---tiered System of Supports (MTSS) ensures that your child receives
varying levels of academic and behavior supports based upon his or her need
bull Your child will be included in early identification of academic or behavioral
problems so assistance can be provided at the first signs of difficulty
bull Help for your child will increase or decrease depending on his or her needs
bull You are encouraged to participate and become involved in planning and
providing interventions to help your child
bull You will receive frequent updates of your childrsquos progress
wwwbrowardpreventionorgmtssrtirti
Broward County Public Schools Diversity Prevention amp Intervention Department
MTSSRtI Parent Guide
What is Response to Intervention (RtI) RtI is the practice of providing high quality instruction and intervention matched to student need
close monitoring of how a student responds to different types of instruction and support
Tier I refers to the high quality instruction provided to ALL students
Tier III refers to the intensive support a few students need
Tier II refers to the targeted support some students need
16 of 27
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
httpwwwfloridartiorgparentResourcesindexhtm
How can I participate in MTSSRtI Families play a critical role in supporting what their children are learning in school The more parents are involved in student learning the higher the student achievement Ask questions to learn more about MTSSRtI in your childrsquos school bull Is my child successful
How do I know If notwhy and what can we dodifferently
bull If needed how is additionalhelp going to be providedBy whom How often Forhow long
bull How can I participate inproblem--- solving aboutmy child
bull What can I do to help withthe interventions for mychild at home
bull How will I know ifinterventions areworking
What do I do if I believe my child is struggling bull Talk with your childrsquos teacherbull Review and assist
with homeworkassignments
bull Ask for regularmeetings with yourchildrsquos teacher
bull Celebrate yourchildrsquos successes
bull Learn more about thecurriculum assessmentsand interventions beingused in your childrsquosschool
bull Participate in conferencesand problem solvingsessions for your child
Parental Resources This video for parents introduces the use of problem solving and how it may affect your child httpwwwflorida-rtiorgparentResourcesvideoshtm
To review the real ldquotruthsrdquo behind common myths of RtI and MTSS visit the following link httpwwwflorida-rtiorgparentResourcesmythsindexhtm
For additional information please contact Diversity Prevention amp Intervention at 754-321-1655 or visitwwwbrowardpreventionorg
17 of 27
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
You may contactMeal Benefits at theFood and Nutrition
Services Departmentby phone at
754-321-0250 or emailfreereducedmealsbrowardschoolscom
Free or ReducedBreakfast and Lunchwwwbrowardk12flusfoodservice
or
wwwapplyforlunchcom
Apply onlineApply online
The School Board of Broward County Florida bull Patricia Good Chair bull Donna P Korn Vice Chair bull Robin Bartleman bull Heather P Brinkworth bull Abby M Freedman bull Laurie Rich Levinson bull Ann Murray bull Dr Rosalind Osgood bull Nora Rupert bull Robert W Runcie Superintendent of Schools
The School Board of Broward County Florida prohibits any policy or procedure which results in discrimination on the basis of age color disability gender identity gender expression national origin marital status race religion sex or sexual orientation Individuals who wish to file a discrimination andor harassment complaint may call the Executive Director Benefits amp EEO Compliance at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158 wwwbrowardschoolscom
The online meal application is available in English Spanish Creole and Portuguese at wwwapplyforlunchcom
18 of 27
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
OFFICE OF THE GENERAL COUNSEL and the PRIVACY OFFICER of
The School Board of Broward County Florida
FAQ ON DISCLOSURE OF STUDENT INFORMATION TO LAW ENFORCEMENT
Purpose
From time to time schools have received and will receive requests from law enforcement officers for
student personally identifiable information (PII) Broward County Public Schools (BCPS) strives to
ensure the safety of all of our students and to collaborate with law enforcement as permitted by law The
School District is required by law to respect each studentrsquos privacy rights and to disclose student
information only in compliance with state and federal laws BCPS will disclose student information to law
enforcement officials only as permitted by law
Guiding Principles
1 The federal laws are written by Congress and the state laws are written by the Florida Legislature
Florida law enforcement officers enforce the laws as written by the Florida Legislature and as they may
be interpreted by the courts They primarily enforce the criminal code
2 Florida statutes mandate that ldquoSchool Resource Officers [SROs] shall abide by district school board
policies and shall consult with and coordinate activities through the school principal rdquo (s100612(b)
Fla Stat)
3 District School policies protect the privacy of student personally identifiable information (PII) in
compliance with state and federal laws (100222 and 1002221 1002222 Fla Stat and the Family
Educational Rights and Privacy Act (FERPA) regulations 34 CFR Part 99) All SROs must comply
with District School Board policies adopted to protect the privacy of student personally identifiable
information These policies include but are not limited to Policy 58 Code of Student Conduct (which
contains the FERPA Notice Collection Use and Disclosure of Social Security Numbers of Students
notice Protection of Pupil Rights Amendment [PPRA] notice and the Health Insurance Portability and
Accountability Act [HIPAA] notice) and Policy 51001 Student Records Confidentiality and Family
Education Rights
4 The Florida education code requires school principals to disclose student PII ldquoonly as provided in
chapter 1002rdquo Fla Stat (s 100325 (1) Fla Stat) Sections 100222 1002221 and 1002222 provide
that student records and information are confidential and exempt from the Public Records Act and may
only be disclosed in compliance with the Family Educational Rights and Privacy Act (FERPA - 20
USC s 1232g) and its implementing regulations (34 CFR Part 99) Note that FERPA permits
disclosures in certain situations It does not require that disclosures be made
5 An important FERPA provision is that when all student PII (including characteristics that may identify a
student in the school community) is removed from a student record then FERPA does not apply to the
de-identified (redacted) record (De-identified records - 34 CFR 9931(b))
19 of 27
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
6 The release of student information to law enforcement officers must be made in compliance with the
law School Board policies and a related executed interagency agreement Such information may be
released with the written consent of the parentlegal guardian or ldquoeligible studentrdquo (age 18 or over or
attending a postsecondary institution) or pursuant to an exception provided in the FERPA regulations as
discussed below In addition the Child Abuse Prevention and Treatment Act (CAPTA) (42 USC
5101) allows disclosure of student information when it is in the best interest of the child who is an
alleged victim of child abuse
7 A school resource officer (ldquoSROrdquo) is a law enforcement officer and an employee of a law enforcement
agency (police department) of the county or local municipality and as such is ldquoresponsible to the law
enforcement agency in all matters relating to [hisher] employment subject to agreements between a
district school board and a law enforcement agency Activities conducted by [SROs] which are part of
the regular instructional program of the school shall be under the direction of the school principalrdquo
(s100612(b) Fla Stat)
8 A school police officer is a law enforcement officer who is employed by Broward County Public
Schools and works in the Special Investigative Unit (SIU) A school police officer has the power to
make arrests for violations of law on district school property and to arrest persons whether on or off
such property who violate any law on such property
9 Law enforcement officers are authorized to arrest persons (including students and employees) as
provided by law whether on or off school property (100612 Fla Stat)
10 When student records are provided for inspection and copying as permitted by law the custodian of the
record must always be present during the inspection and the school may charge for photocopies as
allowed by Board Policy 51001 Student Records Confidentiality and Family Education Rights
11 Published school yearbooks (which contain the names and photographs of students information which
may be useful to law enforcement officers) are public records and as such are available for inspection
and copying by any citizen The request should be submitted to Requel Bell in the Risk Management
Department
12 Serious allegations of misconduct are investigated by SIU If an employee is found to have failed to
comply with Board Policy the penalty may range from reprimand to dismissal under Board Policy 49
Section II Category B-(r) In addition the school district is mandated to report all legally sufficient
complaints made against all instructional employees to the Florida Department of Education (FL DOE)
(1012796(1)(d) Fla Stat) Moreover a violation of state laws may result in court litigation and if the
court awards injunctive relief it may also award attorneyrsquos fees and court costs (100222(4) Fla Stat)
A determination that a violation of FERPA has occurred may result in the loss of federal funds (34
CFR sect 9967)
20 of 27
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Access to student files and electronic databases
Question No 1
Should school employees allow the SRO to access file cabinets containing student files
Answer
No Such open access is a clear violation of FERPA and sections 100222 100221 and 1002222 Fla Stat
Access to specific student information is allowed by law only with the signed written consent of the parent
or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Question No 2
Should an SRO be provided with a password to access student databases at BCPS
Answer
No Such open access is a clear violation of FERPA and sections 100222 1002221 and 1002222 Fla
Stat Access to specific student information is allowed by law only with the signed written consent of the
parent or ldquoeligible studentrdquo or in compliance with a FERPA exception to the written consent requirement
Note School employees may not do ldquoindirectlyrdquo what is not allowed by law to be done ldquodirectlyrdquo In other
words if no disclosure of student PII from school databases is allowed by law without written consent no
SBBC employee (including employees in SIU) may disclose said information to other law enforcement
officers
Directory information
Question No 3
Is the schoolrsquos disclosure of a studentrsquos contact information to a law enforcement officer a permissible
disclosure of directory information in compliance with Board Policy
Answer
No The School Board designates ldquodirectory informationrdquo and authorized recipients The Board policy
(58) authorizes the release of student contact information to selected recipients for limited purposes Law
enforcement officers are not one of the selected recipients PLEASE NOTE Parents have the right to opt
out of the disclosure of directory information Before any disclosure of student contact information the
FERPA Opt-Out Notification form must be reviewed The Code of Student Conduct (with FERPA Opt Out
Notification form is available at wwwbrowardschoolscomprivacyinformation
21 od 27
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Information on truant students
Question No 4
If a school prepares a list of truant students may such a list be disclosed to law enforcement officers for
investigative purposes
Answer
Pursuant to FERPA and state laws (100222 1002221 and 1002222 Fla Stat) public schools may not
release the list of truant students to law enforcement officers without the written consent of the parent
guardian or eligible student Please see AGO 81-78 List of truant students dated October 16 1981
available at httpwwwmyfloridalegalcomagonsfOpinionsFAB125CDDFBB3FB285256586006B7F1
FERPA selected exceptions -- Disclosures without written consent Emergency subpoena court
order Department of Juvenile Justice (DJJ)
Question No 5
If the parent has not provided a signed written consent under what circumstances may a school lawfully
disclose student PII From education records to a law enforcement officer
Answer
If the school does not have written consent for the disclosure of the student PII the disclosure may be made
in very limited situations If appropriate the school may request the parent or eligible student to provide the
required written consent If the parent or eligible student refuses to provide written consent a school may
lawfully disclose student PII to a law enforcement officer only on the following circumstances
A A health or safety emergency as defined in FERPA -- examples include a report that a child is
missing a report that a student has brought a gun to school or the school principalrsquos declaration of
an ldquoarticulable and significant threat to the health or safetyrdquo in compliance with FERPA The
information disclosed must be limited to what is necessary to address the emergency The school
principal or designee may make a determination in collaboration with the Service Quality Office
that an ldquoemergencyrdquo exists that meets the FERPA requirements For child abuse situations please
see Question No 6 below and for disclosures by law enforcement see Question No 12 below
B A lawfully issued subpoena or a court order that requires the disclosure of student records to a law
enforcement agency However under FERPA an advance notice (10 calendar days) of intent to
comply with the subpoena or court order must be provided to the parent and allow the parent an
opportunity to challenge or seek modification of the subpoena or court order The notice is available
at wwwbrowardschoolscomprivacyinformation No information may be disclosed until the 10-day
period has expired (FERPA 34 CFR 9931(a)(9))
22 of 27
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
EXCEPTION No advance notice is required by FERPA when the subpoena or court order
specifically requires no disclosure about the subpoena or court order This may happen with
confidential criminal investigations In such event the school must not send the notice mentioned
above and may not disclose to anyone that a subpoena has been received or that a response has been
provided
C Disclosures to the Department of Juvenile Justice (DJJ) are allowed by FERPA in order to
effectively serve the student FERPA requires
1 The disclosure must be related to the juvenile justice systemrsquos ability to effectively
serve prior to adjudication the student whose records are released
2 The officials to whom the information is disclosed must certify in writing that the
records will not be re-disclosed to any other party except as provided by law
NOTE Once adjudication has been rendered by the court no further disclosure is authorized by
FERPA
D Pursuant to an executed interagency agreement with a relevant party
Child abuse investigations
Question No 6
A Is it lawful for schools to provide student PII to Department of Children and Families (DCF)
investigators or Broward Sheriffs Office Child Protective Investigations Section (BSO CPIS) who
show proper identification and are investigating a child abuseneglect complaint
B What procedures must the school follow if an investigator takes a child into custody at the school
Answers
A Yes Student PII may be lawfully disclosed to DCF or BSO CPIS investigators pursuant to the Child
Abuse Prevention and Treatment Act of 1974 (CAPTA) provisions In the event of an emergency
please refer to the answer (A) to Question 5 above
Please note that the child abuse investigator has the right to determine who is present during the
childrsquos interview In the event the investigator does not allow a school official to be present it
might be prudent to provide a room with a window so that a designated school employee may
monitor the studentrsquos well-being and as appropriate request a break to allow the student to regain
composure to assist with the investigation
B The school must follow the procedures set forth in Board Policy 1162 Taking a Dependent Child
Into Custody and must ensure that the Release of custody form attached to the policy is completed
The policy and the release form are available at httpwwwbrowardk12flussbbcpolicies and
also attached (please see Attachment 1)
23 of 27
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Question No 7
Does a BSO CPIS investigator need to present a subpoena or a court order to obtain a copy of a school
surveillance video pertaining to an allegation of child abuse by a school employee
Answer
No The investigation ndash and gathering of the evidence pertaining to a child abuse allegation ndash falls under the
CAPTA exception to FERPA However if the parent has filed a child abuse complaint against the school or
school employee most likely the parent would be willing to provide written consent for the release of the
video recording and other student PII to the investigator
Information about a deceased student
Question No 8
When DCF or law enforcement officers request the school to provide PII of a deceased student should the
school provide the requested information without the signed written consent of the parent
Answer
It depends on the age of the student If the deceased student was a minor student PII may not be released
without signed written parental consent the FERPA rights of parents continue In general if the deceased
student was an adult ldquodirectory informationrdquo may be released in compliance with the most recent FERPA
Opt-Out Notification form on file and the parentrsquos consent is not required
If a health or safety emergency exists please see answer (A) to question 5 above
Investigations of off-campus crimes
Question No 9
When law enforcement officers request student PII for an investigation of a crime that took place off
campus should the school provide the requested information without the written consent of the parent
Answer
No Written consent of the parentlegal guardian or ldquoeligible studentrdquo is required by FERPA
In case of an emergency please see answer (A) to question 5 above
24 of 27
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
Investigations of on-campus accidents or crimes
Question No 10
When law enforcement officers request student PII for an investigation of an accident or crime that took
place on campus should the school provide the requested information without the written consent of the
parent
Answer
Yes but only if the law enforcement officer is a school board employee (member of the Districtrsquos SIU
department) or a contracted officer (SRO at the school where the accident or crime occurred) In these
cases only the student PII that is pertinent to the investigation shall be disclosed If the law enforcement
officer is not part of SIU or is not an SRO at the school that individual will need a court order or subpoena
for SBBC to disclose the student PII unless a FERPA exception applies (see Question No 5 above for
examples)
Arrest of a student on campus
Question No 11
What procedures are the schools required to follow when a student is arrested on campus
Answer
The school must contact SIU right away When law enforcement takes custody of a child away from the
school officials the school must document that the child has been arrested (keep a copy of the arrest
warrant if available) and must immediately notify the parent
Interviewing students during school hours
Question No 12
When law enforcement officers request to interview a student during school hours as part of an investigation
of a crime that took place off campus should the school allow the interview to take place during school
hours and without the written consent of the parent
Answer
No Investigations of crimes that took place off campus must be done outside of school hours except in
extreme and exceptional circumstances The studentrsquos learning activities must not be interrupted when the
student can be interviewed after school hours Even if the interview were to take place after school hours at
the school parental consent must be obtained The Florida Department of Law Enforcement (FDLE)
Guidelines for Interviews of Juveniles (FDLE Policy 47 ldquoInterviewing A Juvenilerdquo E3) provide
25 of 27
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
A parent should be allowed to be present during the interview unless there is an
investigative reason to deny such a request The reason for denial must be documented
in an investigative report If a juvenile requests that hisher parent or guardian be
present prior to questioning the interview should be delayed for a reasonable time
in order to give such person the ability to be present [CALEA 4422 a]
Sworn members [law enforcement officers] will adhere to all school board policies in
reference to conducting interviews on school property
If the juvenile to be questioned is a victim witness or the situation is one of child
abuse there is no obligation to have the parent(s) contacted or present
(Emphasis added)
Law enforcement records
Question No 13
Are ldquolaw enforcement recordsrdquo subject to FERPA
Answer
ldquoLaw enforcement recordsrdquo are not subject to FERPA but to qualify as ldquolaw enforcement recordsrdquo the
records must be (a) created by a law enforcement officer (b) for a law enforcement purpose and (c) must be
maintained by the law enforcement unit ndash not by the school (34 CFR998) For example investigations of
employees or students for disciplinary purposes are not law enforcement records Records of investigations
of alleged violations of local state or federal laws for law enforcement purposes are not subject to FERPA
Record-keeping requirement FERPA Disclosure Log
Question No 14
Does the school have to keep a record every time student information is requested andor disclosed to the
SRO or to other law enforcement officers
Answer
Yes unless the school has received the signed written consent of the parent for the disclosure Each request
for student PII must be recorded in the FERPA Disclosure Log available at SBBC official forms at
wwwbrowardschoolscomprivacyinformation and also attached (please see Attachment 2)
Each disclosure to a law enforcement officer must also be recorded in the FERPA Disclosure Log The log
must be maintained in the CUM folder for each student The exceptions to the requirement to log the
requests and disclosures are listed in the footnote on the FERPA Disclosure Log
26 of 27
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes
For further assistance contact the Office of the General Counsel (754-321-2050) the Privacy Officer
(754-321-1914) or the Special Investigative Unit (754-321-0725)
This FAQ is available at wwwbrowardschoolscomprivacyinformation
Original version 8-25-14
Updated 9-15-15 and 6-20-17
27 of 27
- Check Box1 Yes
- Check Box2 Yes
- Check Box3 Yes
- Check Box4 Yes