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Are School Records Public in Florida?

Written by Adam Bair.

TL;DR: Are school records public in Florida? Records about the school, like budgets, deals, and staff emails on school work, are public. FERPA and state law keep records tied to one student closed, so most people can't get them.

Are school records public in Florida?

It turns on the type of record. Records about the school are public. Records about a student are not.

A public school district is an agency under Chapter 119. So its budgets, its deals with vendors, and most of its emails on school work are public records. Article I, Section 24(a) of the state constitution gives each person the right to inspect or copy them.

Records tied to one student are a different matter. Those are education records. A federal law called FERPA and state law keep them closed.

Two kinds of school records, two sets of rules

Records about the school

A school district makes and keeps a lot of records as it runs its schools. Those records are public under Chapter 119. They include budgets, contracts, school board minutes, and emails on school work.

Anyone can make a public records request for them, and you do not need to say why. For the basics, see what Florida treats as a public record and which bodies Chapter 119 covers.

Records about a student

In 2009, the state wrote FERPA into its own law. Section 1002.221(1), F.S., makes education records, as FERPA defines them, confidential and exempt. The school may let them out only as that law allows.

So a stranger can't use a records request to get a student's grades, test scores, or discipline file. The same goes for health notes or other notes tied to that one student.

What is an education record in Florida?

What FERPA means by it

FERPA is the federal Family Educational Rights and Privacy Act, at 20 U.S.C. s. 1232g. It covers files, notes, and other things that hold facts directly tied to a student. The school, or a person who acts for it, must also keep the record.

Any kind of document can count, even a photograph, if it meets that test. What counts is the tie to the student, not the form of the record.

Why the word "directly" counts

See National Collegiate Athletic Association v. Associated Press, 18 So. 3d 1201 (Fla. 1st DCA 2009). A record counts only if it ties directly to a student.

There, a hearing transcript was about what a school sports office did. It named students only in passing, and the school had blacked out their names. So it was not an education record, and the public could see it.

A student's own email can count, though. See Rhea v. District Board of Trustees of Santa Fe College, 109 So. 3d 851 (Fla. 1st DCA 2013). A student's email that slammed a teacher was a closed education record.

Colleges and state schools too

Public colleges must also follow FERPA, under Section 1002.225(2). Section 1006.52(1) makes their student and applicant records confidential and exempt.

See Knight News, Inc. v. University of Central Florida, 200 So. 3d 125 (Fla. 5th DCA 2016). Student names in hazing files stayed closed. But the names of student leaders who faced charges for how they did their jobs did not.

Are student records public in Florida?

No. Student records that meet the FERPA test stay closed. A stranger can't get them, and the school must guard them.

That holds at board meetings too. In AGO 10-04, the Attorney General said a board can't close a meeting just because student records may come up. But the board should guard those records as best it can.

Some hearings can close by law. Section 1006.07(1)(a) takes expulsion hearings, on kicking a student out, out of the Sunshine Law. Section 1003.57(1)(c) does the same for hearings on a child's special learning needs.

What about school police reports?

FERPA leaves out records that a school's own police unit makes for police work. So those do not count as education records.

In AGO 01-64, under older law, the Attorney General said a school police arrest form was a public record. The school had to take out the closed parts first, such as active case facts.

What about school bus video?

See WFTV v. School Board of Seminole County, 874 So. 2d 48 (Fla. 5th DCA 2004). There, a school bus video was a closed student record. It stayed closed even with the faces of the kids blacked out.

But that case read the old student laws, from before the state wrote FERPA into its law. So today the FERPA test of a direct tie to the student is the one that counts.

Which school records are public?

Budgets, deals, and spending

A school district's budget, its deals with vendors, and its spending records are agency records. They are public, and any person can ask for them. They do not tie to one student.

Staff emails on school work

Under Section 119.011(12), a public record is one made or got as part of official business. Email counts the same as paper. The Attorney General said so in AGOs 96-34 and 01-20.

For more on email, see are emails to Florida government officials public records?

Teacher and staff files

A teacher's personnel file is a public record in most cases, with some parts closed by law. For the full picture, see public employee personnel records in Florida.

One rule is just for schools. Under Section 1012.31(3)(a)1., a complaint against school staff stays shut until the first probe ends or stalls. AGO 91-75 says that rule does not cover a broad review of a school office.

Even then, student names stay out. See Johnson v. Deluz, 875 So. 2d 1 (Fla. 4th DCA 2004). The court had the facts on students blacked out of a public report on a principal.

School board minutes and meetings

School board meetings are open under the Sunshine Law, Chapter 286. Their minutes and agendas are public records too.

Are school emails public record in Florida?

Yes, if staff send or get them as part of school business. The topic decides it, not the job of the one who sent it.

The school can black out the parts of an email that tie to one student. Section 119.07(1)(d) says it must then hand over the rest of the document.

Are charter school records public?

Yes. Section 1002.33(16)(b) puts charter schools under both the records law and the Sunshine Law. AGO 98-48 says the open laws apply whether the charter school runs as a public or a private group.

AGO 01-23 says the rule applies even before a charter school opens its doors. The FERPA rule for student records applies to charter schools too.

Are private school records public?

In most cases, no. A private school is not an agency under Chapter 119, so the law does not reach most of its records.

The rare case is a private group that acts on behalf of a public agency. Then the records of that work may be public. See which bodies Chapter 119 covers.

Can a parent get their own child's records?

Yes, but not through Chapter 119. A parent's right to see and copy a child's education records comes from FERPA and Section 1002.22, Florida Statutes.

Write to the school. Name the student, the records, and the time span. The school treats it under those laws, not as a public records request.

Are tests and test answers public?

In most cases, no. Section 1008.23(1) and (2) close state tests and the work papers tied to them. AGO 09-35 says the same for tests that teachers write to check if kids are ready for advanced placement exams.

Section 1008.24(4)(b) also shuts some facts in a state probe of test cheating. Those facts stay shut until the probe ends or goes inactive.

How do you make a public records request to a school district?

Where to send it

Most school districts have a staff member or an office that takes public records requests. Check the district's website for how to reach them, and send your request there.

What to put in it

Name the records requested, the time span, and how to reach you. You do not have to say why. Be clear enough that the district can find what you want.

For a model letter, see how to write a Florida public records request letter.

What it may cost

Inspection is free unless a law sets a fee. For copies, Section 119.07(4)(a)1. caps the fee at 15 cents for each one-sided page.

A big job may also add a fee for extra staff time or processing.

What if the district says no?

Under Section 119.07(1)(e), the district must name the law that lets it hold a record back. Upon request, Section 119.07(1)(f) makes it give its reasons in writing.

A reply that just says student records stay closed may not be enough for records about the school itself. For next steps, see what to do after a denial.

Frequently asked questions

Are school records public in Florida?
Partly. Records about the school, such as budgets, contracts, and board minutes, are public under Chapter 119. FERPA and Section 1002.221(1) keep records tied to one student closed.
Are student records public in Florida?
No. Education records as FERPA defines them are confidential and exempt under Section 1002.221(1). The school may release them only as that law allows.
Are school emails public record in Florida?
Yes, when staff send or get them as part of school business. The school must black out parts tied to one student and hand over the rest.
Are charter school records public in Florida?
Yes. Section 1002.33(16)(b) puts charter schools under both the records law and the Sunshine Law.
Can a parent get their own child's school records?
Yes, but not through Chapter 119. That right comes from FERPA and Section 1002.22. Ask the school in writing.
Are complaints against teachers public in Florida?
Not at first. Under Section 1012.31(3)(a)1., a complaint against school staff stays shut until the first probe ends or stalls.
How do I request school records in Florida?
Send a public records request to the school district. Name the records, the time span, and how to reach you. You do not have to say why you want them.

Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.