| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act; amending s. 411.011, F.S., which |
| 4 | provides a public records exemption for specified records |
| 5 | of children enrolled in school readiness programs; |
| 6 | removing the October 2, 2005, repeal thereof scheduled |
| 7 | under the Open Government Sunset Review Act; making |
| 8 | editorial changes; providing an effective date. |
| 9 |
|
| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
|
| 12 | Section 1. Section 411.011, Florida Statutes, as amended |
| 13 | by chapter 2004-484, Laws of Florida, is amended to read: |
| 14 | 411.011 Records of children in school readiness |
| 15 | programs.-- (1) The individual records of children enrolled |
| 16 | in school readiness programs provided under s. 411.01, when held |
| 17 | by an in the possession of the early learning coalition or the |
| 18 | Agency for Workforce Innovation, are confidential and exempt |
| 19 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 20 | Constitution. For purposes of this section, records include |
| 21 | assessment data, health data, records of teacher observations, |
| 22 | and personal identifying information data, including the child's |
| 23 | social security number. |
| 24 | (2) A parent, guardian, or individual acting as a parent |
| 25 | in the absence of a parent or guardian has the right to inspect |
| 26 | and review the individual school readiness program record of his |
| 27 | or her child and to obtain a copy of the record. |
| 28 | (3) School readiness records may be released to: |
| 29 | (a) The United States Secretary of Education, the United |
| 30 | States Secretary of Health and Human Services, and the |
| 31 | Comptroller General of the United States for the purpose of |
| 32 | federal audits.; |
| 33 | (b) to Individuals or organizations conducting studies for |
| 34 | institutions to develop, validate, or administer assessments or |
| 35 | improve instruction.; |
| 36 | (c) to Accrediting organizations in order to carry out |
| 37 | their accrediting functions.; |
| 38 | (d) to Appropriate parties in connection with an emergency |
| 39 | if the information is necessary to protect the health or safety |
| 40 | of the child enrollee student or other individuals.; |
| 41 | (e) to The Auditor General in connection with his or her |
| 42 | official functions.; |
| 43 | (f) to A court of competent jurisdiction in compliance |
| 44 | with an order of that court in accordance with a lawfully issued |
| 45 | subpoena.; and |
| 46 | (g) to Parties to an interagency agreement among early |
| 47 | learning coalitions, local governmental agencies, providers of |
| 48 | school readiness programs, state agencies, and the Agency for |
| 49 | Workforce Innovation for the purpose of implementing the school |
| 50 | readiness program. |
| 51 |
|
| 52 | Agencies, organizations, or individuals that receive school |
| 53 | readiness records in order to carry out their official functions |
| 54 | must protect the data in a manner that does not permit the |
| 55 | personal identification of a child enrolled in a school |
| 56 | readiness program students and their parents by persons other |
| 57 | than those authorized to receive the records. This section is |
| 58 | subject to the Open Government Sunset Review Act of 1995 in |
| 59 | accordance with s. 119.15 and shall stand repealed on October 2, |
| 60 | 2005, unless reviewed and saved from repeal through reenactment |
| 61 | by the Legislature. |
| 62 | Section 2. This act shall take effect October 1, 2005. |