Senate Bill sb0086

    Florida Senate - 2002                                    SB 86

    By Senator Pruitt





    27-123-02

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public records law for

  4         individual records of children enrolled in

  5         Learning Gateway programs; providing for the

  6         release of such records for specified purposes;

  7         exempting from the public records law those

  8         records held by a Learning Gateway Program

  9         which would be confidential if held by a state

10         agency; providing for future legislative review

11         and repeal; providing a finding of public

12         necessity; providing a contingent effective

13         date.

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

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17         Section 1.  Records of children in Learning Gateway

18  programs.--

19         (1)  The individual records of children enrolled in

20  Learning Gateway programs, when held in the possession of the

21  Learning Gateway program or the Learning Gateway Steering

22  Committee, are confidential and exempt from section 119.07,

23  Florida Statutes, and Section 24(a) of Article I of the State

24  Constitution. For the purposes of this section, records

25  include assessment data, health data, records of teacher

26  observations, and identifying data, including the child's

27  name, address, and social security number. A parent or

28  guardian or an individual acting as a parent in the absence of

29  a parent or guardian may inspect and review the individual

30  Learning Gateway program record of his or her child and may

31  obtain a copy of the record. Learning Gateway program records

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    Florida Senate - 2002                                    SB 86
    27-123-02




  1  may be released to the Department of Education, the Department

  2  of Health, and the Department of Children and Family Services;

  3  to individuals or organizations conducting studies for

  4  institutions to develop, validate, or administer assessments

  5  or improve instruction; to appropriate parties in connection

  6  with an emergency when the information is necessary to protect

  7  the health or safety of the child or other individuals; to the

  8  Auditor General in connection with his or her official

  9  functions; to a court of competent jurisdiction in compliance

10  with an order of that court pursuant to a lawfully issued

11  subpoena; and to parties to an interagency agreement among

12  Learning Gateway programs, local governmental agencies,

13  providers of Learning Gateway programs, state agencies, and

14  the Learning Gateway Steering Committee for the purpose of

15  implementing the Learning Gateway program. Agencies,

16  organizations, or individuals that receive Learning Gateway

17  program records in order to carry out their official functions

18  must protect the data in a manner that will not permit the

19  personal identification of children or their parents by

20  persons other than those authorized to receive the records.

21  This section is subject to the Open Government Sunset Review

22  Act of 1995 in accordance with section 119.15, Florida

23  Statutes, and is repealed October 2, 2007, unless reviewed and

24  saved from repeal through reenactment by the Legislature.

25         (2)  Records, or information contained in such records,

26  held by a Learning Gateway program which, if held by an agency

27  as defined in section 119.011, Florida Statutes, or any other

28  unit of government, would be confidential or exempt from

29  section 119.07(1), Florida Statutes, or otherwise exempt from

30  public disclosure, and records or information of the same type

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    Florida Senate - 2002                                    SB 86
    27-123-02




  1  held by a Learning Gateway program, are confidential and

  2  exempt from inspection and copying.

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

  4  necessity to make confidential and exempt from the public

  5  records law information that would result in the

  6  identification of a participant in a Learning Gateway program,

  7  including a child's name, address, or social security number.

  8  Further, the Legislature finds that it is a public necessity

  9  to make confidential and exempt from the public records law a

10  participant's assessment data, health data, or teacher

11  observations of a participant. Children who participate in a

12  Learning Gateway program may have potential learning and other

13  developmental problems that the program seeks to address.

14  Young children develop at a very rapid rate compared to older

15  children. If a potential learning or other developmental

16  problem is identified and properly addressed at an early age,

17  it can be made less severe or can even be overcome entirely,

18  sometimes in a short period of time. Addressing potential

19  learning or other developmental problems that interfere with a

20  young child's development is an issue of great public

21  importance which affects the health, safety, and welfare of

22  the children of Florida as well as the future of the state.

23  Learning or other developmental problems, therefore, must be

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

25  stigmatizing of a child in the public eye, especially since

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

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

28  determined from records maintained by a Learning Gateway

29  program, or that assessment data, health data, or teacher

30  observations regarding his or her child are available for

31  public inspection or copying, that parent may not permit his

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    Florida Senate - 2002                                    SB 86
    27-123-02




  1  or her child to participate in the program. As a result,

  2  children would not benefit from a Learning Gateway program and

  3  their learning or other developmental problems would not be

  4  ameliorated. Therefore, making a participant's identity,

  5  assessment data, health data, or teacher observations

  6  confidential and exempt from the public records law will

  7  permit parents and Learning Gateway program providers to

  8  ameliorate potential learning or other development problems

  9  while protecting the children who participate in the program.

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

11  Senate Bill _____, relating to learning disabilities, or

12  similar legislation becomes a law, and shall not take effect

13  if such legislation does not become a law.

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16                          SENATE SUMMARY

17    Provides an exemption from the public records law for
      individual records of children enrolled in Learning
18    Gateway programs. Provides for the release of such
      records for specified purposes. Exempts from the public
19    records law those records held by a Learning Gateway
      Program which would be confidential if held by a state
20    agency. Provides for future legislative review and
      repeal. Provides a finding of public necessity. Provides
21    a contingent effective date.

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