HB 1695

1	A bill to be entitled
2	An act relating to a public records exemption for the
3	Voluntary Prekindergarten Education Program; creating s.
4	1002.72, F.S.; creating an exemption from public records
5	requirements for individual records of children enrolled
6	in the Voluntary Prekindergarten Education Program;
7	providing for retroactive application; providing for
8	exceptions to the exemption; providing for future review
9	and repeal; providing a statement of public necessity;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 1002.72, Florida Statutes, is created
15	to read:
16	1002.72  Records of children in the Voluntary
17	Prekindergarten Education Program.--
18	(1)  The individual records of a child enrolled in the
19	Voluntary Prekindergarten Education Program held by an early
20	learning coalition, the Agency for Workforce Innovation, or a
21	Voluntary Prekindergarten Education Program provider are
22	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
23	of the State Constitution. For purposes of this section, such
24	records include assessment data, health data, records of teacher
25	observations, and personal identifying information of an
26	enrolled child and his or her parent. This exemption applies to
27	individual records of a child enrolled in the Voluntary
28	Prekindergarten Education Program held by an early learning
29	coalition, the Agency for Workforce Innovation, or a Voluntary
30	Prekindergarten Education Program provider before, on, or after
31	the effective date of this exemption.
32	(2)  A parent has the right to inspect and review the
33	individual Voluntary Prekindergarten Education Program record of
34	his or her child and to obtain a copy of such record.
35	(3)  Confidential and exempt Voluntary Prekindergarten
36	Education Program records may be released to:
37	(a)  The United States Secretary of Education, the United
38	States Secretary of Health and Human Services, and the
39	Comptroller General of the United States for the purpose of
40	federal audits.
41	(b)  Individuals or organizations conducting studies for
42	institutions to develop, validate, or administer assessments or
43	improve instruction.
44	(c)  Accrediting organizations in order to carry out their
45	accrediting functions.
46	(d)  Appropriate parties in connection with an emergency if
47	the information is necessary to protect the health or safety of
48	the child or other individuals.
49	(e)  The Auditor General in connection with his or her
50	official functions.
51	(f)  A court of competent jurisdiction in compliance with
52	an order of that court pursuant to a lawfully issued subpoena.
53	(g)  Parties to an interagency agreement among early
54	learning coalitions, local governmental agencies, Voluntary
55	Prekindergarten Education Program providers, or state agencies
56	for the purpose of implementing the Voluntary Prekindergarten
57	Education Program.
58
59	Agencies, organizations, or individuals receiving such
60	confidential and exempt records in order to carry out their
61	official functions must protect the records in a manner that
62	will not permit the personal identification of an enrolled child
63	or his or her parent by persons other than those authorized to
64	receive the records.
65	(4)  This section is subject to the Open Government Sunset
66	Review Act of 1995 in accordance with s. 119.15 and shall stand
67	repealed October 2, 2010, unless reviewed and saved from repeal
68	through reenactment by the Legislature.
69	Section 2.  The Legislature finds that it is a public
70	necessity that the individual records of a child enrolled in the
71	Voluntary Prekindergarten Education Program held by an early
72	learning coalition, the Agency for Workforce Innovation, or a
73	Voluntary Prekindergarten Education Program provider be made
74	confidential and exempt from public records requirements. The
75	exemption for such records, which include assessment data,
76	health data, records of teacher observations, and personal
77	identifying information of an enrolled child and his or her
78	parent, is necessary for the Voluntary Prekindergarten Education
79	Program to work efficiently and effectively. If such records
80	were not made confidential and exempt, the administration of the
81	Voluntary Prekindergarten Education Program would be
82	significantly impaired since parents would be less inclined to
83	allow their children to participate in the program because
84	sensitive, personal information would be made available to the
85	public. The release of such records would cause an unwarranted
86	invasion into the life and privacy of enrolled children and
87	their parents thereby significantly decreasing the number of
88	program enrollees. The Legislature finds that assessment data
89	and records of teacher observations contain sensitive, personal
90	information regarding an enrolled child and the child's progress
91	in the Voluntary Prekindergarten Education Program. Release of
92	such information could cause embarrassment to the child and
93	could stifle the child's progress in the program. The
94	Legislature further finds that it is a public necessity that an
95	enrolled child's health data be made confidential and exempt
96	from public disclosure because such data is of a sensitive and
97	personal nature. Matters of personal health are traditionally
98	private and confidential concerns between a patient and a health
99	care provider. The private and confidential nature of personal
100	health matters pervades both the public and private health care
101	sectors. For these reasons, an individual's expectation of a
102	right to privacy in all matters regarding his or her personal
103	health necessitates such exemption. Finally, the Legislature
104	finds that it is a public necessity that the personal
105	identifying information of a child enrolled in the Voluntary
106	Prekindergarten Education Program and the personal identifying
107	information of the child's parent be made confidential and
108	exempt from public disclosure. The release of such information
109	could endanger the safety and welfare of 4-year-old children,
110	and the availability of such information could lead to increased
111	opportunities for child abduction or identity theft.
112	Section 3.  This act shall take effect upon becoming a law.

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