House Bill hb1561c1

    Florida House of Representatives - 2001             CS/HB 1561

        By the Committee on General Education and Representatives
    Harrell and Fiorentino





  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public records law for

  4         personal identifying information of children

  5         enrolled in the Learning Gateway Project;

  6         providing for future legislative review and

  7         repeal; providing a finding of public

  8         necessity; providing a contingent effective

  9         date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Records of children in the Learning Gateway

14  Project.--All personal identifying information held by a

15  Learning Gateway Center regarding a child served by a Learning

16  Gateway Center is confidential and exempt from s. 119.07(1),

17  Florida Statutes, and s. 24(a), Art. I of the State

18  Constitution.  Such information includes, but is not limited

19  to, the child's, parent's, or legal guardian's name, address,

20  telephone number, or social security number.  A parent or

21  guardian may inspect and copy the individual Learning Gateway

22  Center record of his or her child. This section is subject to

23  the Open Government Sunset Review Act of 1995 in accordance

24  with s. 119.15, Florida Statutes, and shall stand repealed on

25  October 2, 2006, unless reviewed and saved from repeal through

26  reenactment by the Legislature.

27         Section 2.  The Legislature finds that it is a public

28  necessity that personal identifying information regarding a

29  child served by a Learning Gateway Center, or a family member

30  or legal guardian so served, be held confidential and exempt.

31  Children who participate in the Learning Gateway Project may

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1561

    185-732-01






  1  have potential learning and other developmental problems that

  2  the project seeks to address.  If a potential learning or

  3  other developmental problem is identified and properly

  4  addressed at an early age, it can be made less severe or can

  5  even be overcome entirely, sometimes in a short period of

  6  time. Learning or other developmental problems must be

  7  identified in a way that does not result in the labeling or

  8  stigmatizing of a child in the public eye, especially as

  9  intervention at an early age may resolve these problems. If a

10  parent fears that his or her child's identity can be

11  determined from records maintained by a Learning Gateway

12  Center, which would then reveal assessment data, health data,

13  or teacher observations regarding his or her child, that

14  parent may not permit his or her child to participate in the

15  project.

16         Section 3.  This act shall take effect on the date

17  Committee Substitute for House Bill 1015, relating to learning

18  disabilities, or similar legislation, takes effect, and shall

19  not take effect if such legislation does not become a law.

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.