Senate Bill sb2574
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Florida Senate - 2003 SB 2574
By Senator Cowin
20-1187A-03
1 A bill to be entitled
2 An act relating to educational assessments;
3 amending s. 1002.22, F.S.; excluding
4 examination and assessment instruments from the
5 definition of student records and reports;
6 amending s. 1008.23, F.S.; providing that
7 parents or students do not have a right of
8 access to examination and assessment
9 instruments; requiring the Department of
10 Education to conduct a study and report to the
11 Legislature; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (c) of subsection (2) of section
16 1002.22, Florida Statutes, is amended to read:
17 1002.22 Student records and reports; rights of parents
18 and students; notification; penalty.--
19 (2) DEFINITIONS.--As used in this section:
20 (c) "Records" and "reports" mean official records,
21 files, and data directly related to students that are created,
22 maintained, and used by public educational institutions,
23 including all material that is incorporated into each
24 student's cumulative record folder and intended for school use
25 or to be available to parties outside the school or school
26 system for legitimate educational or research purposes.
27 Materials that shall be considered as part of a student's
28 record include, but are not necessarily limited to:
29 identifying data, including a student's social security
30 number; academic work completed; level of achievement records,
31 including grades and standardized achievement test scores;
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Florida Senate - 2003 SB 2574
20-1187A-03
1 attendance data; scores on standardized intelligence,
2 aptitude, and psychological tests; interest inventory results;
3 health data; family background information; teacher or
4 counselor ratings and observations; verified reports of
5 serious or recurrent behavior patterns; and any other
6 evidence, knowledge, or information recorded in any medium,
7 including, but not limited to, handwriting, typewriting,
8 print, magnetic tapes, film, microfilm, and microfiche, and
9 maintained and used by an educational agency or institution or
10 by a person acting for such agency or institution. However,
11 the terms "records" and "reports" do not include:
12 1. Records of instructional, supervisory, and
13 administrative personnel, and educational personnel ancillary
14 to those persons, that are kept in the sole possession of the
15 maker of the record and are not accessible or revealed to any
16 other person except a substitute for any of such persons. An
17 example of records of this type is instructor's grade books.
18 2. Records of law enforcement units of the institution
19 that are maintained solely for law enforcement purposes and
20 that are not available to persons other than officials of the
21 institution or law enforcement officials of the same
22 jurisdiction in the exercise of that jurisdiction.
23 3. Records made and maintained by the institution in
24 the normal course of business that relate exclusively to a
25 student in his or her capacity as an employee and that are not
26 available for use for any other purpose.
27 4. Records created or maintained by a physician,
28 psychiatrist, psychologist, or other recognized professional
29 or paraprofessional acting in his or her professional or
30 paraprofessional capacity, or assisting in that capacity, that
31 are created, maintained, or used only in connection with the
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Florida Senate - 2003 SB 2574
20-1187A-03
1 provision of treatment to the student and that are not
2 available to anyone other than persons providing such
3 treatment. However, such records shall be open to a physician
4 or other appropriate professional of the student's choice.
5 5. Directory information as defined in this section.
6 6. Other information, files, or data that do not
7 permit the personal identification of a student.
8 7. Letters or statements of recommendation or
9 evaluation that were confidential under Florida law and that
10 were received and made a part of the student's educational
11 records prior to July 1, 1977.
12 8. Copies of the student's fingerprints. No public
13 educational institution shall maintain any report or record
14 relative to a student that includes a copy of the student's
15 fingerprints.
16 9. All examination and assessment instruments,
17 including developmental materials and workpapers directly
18 related thereto, which are prepared, prescribed, or
19 administered under ss. 1003.43, 1008.22, and 1008.25.
20 Section 2. Section 1008.23, Florida Statutes, is
21 amended to read:
22 1008.23 Confidentiality of assessment
23 instruments.--All examination and assessment instruments,
24 including developmental materials and workpapers directly
25 related thereto, which are prepared, prescribed, or
26 administered pursuant to ss. 1003.43, 1008.22, and 1008.25
27 shall be confidential and exempt from the provisions of ss. s.
28 119.07(1), and from s. 1001.52, and 1002.22(3). Provisions
29 governing access, maintenance, and destruction of such
30 instruments and related materials shall be prescribed by rules
31 of the State Board of Education.
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Florida Senate - 2003 SB 2574
20-1187A-03
1 Section 3. The Department of Education shall study the
2 feasibility of making available to parents previously
3 administered copies of the Florida Comprehensive Assessment
4 Test while still protecting the integrity of the exam. The
5 Department of Education shall submit to the Senate and House
6 of Representatives a feasibility study, including the
7 approximate costs and a proposed timetable for implementation
8 by December 31, 2003.
9 Section 4. This act shall take effect upon becoming a
10 law.
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13 SENATE SUMMARY
14 Excludes examination and assessment instruments from the
definition of student records and reports. Assures that
15 such instruments are confidential and not available to
parents or students. Requires that the Department of
16 Education conduct a study on making previously
administered copies of the FCAT available to parents.
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