HB 1861

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act; amending s. 411.011, F.S., which
4provides a public records exemption for specified records
5of children enrolled in school readiness programs;
6removing the October 2, 2005, repeal thereof scheduled
7under the Open Government Sunset Review Act; making
8editorial changes; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 411.011, Florida Statutes, as amended
13by chapter 2004-484, Laws of Florida, is amended to read:
14     411.011  Records of children in school readiness
15programs.--     (1)  The individual records of children enrolled
16in school readiness programs provided under s. 411.01, when held
17by an in the possession of the early learning coalition or the
18Agency for Workforce Innovation, are confidential and exempt
19from s. 119.07(1) and s. 24(a), Art. I of the State
20Constitution. For  purposes of this section, records include
21assessment data, health data, records of teacher observations,
22and personal identifying information data, including the child's
23social security number.
24     (2)  A parent, guardian, or individual acting as a parent
25in the absence of a parent or guardian has the right to inspect
26and review the individual school readiness program record of his
27or 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
30States Secretary of Health and Human Services, and the
31Comptroller General of the United States for the purpose of
32federal audits.;
33     (b)  to Individuals or organizations conducting studies for
34institutions to develop, validate, or administer assessments or
35improve instruction.;
36     (c)  to Accrediting organizations in order to carry out
37their accrediting functions.;
38     (d)  to Appropriate parties in connection with an emergency
39if the information is necessary to protect the health or safety
40of the child enrollee student or other individuals.;
41     (e)  to The Auditor General in connection with his or her
42official functions.;
43     (f)  to A court of competent jurisdiction in compliance
44with an order of that court in accordance with a lawfully issued
45subpoena.; and
46     (g)  to Parties to an interagency agreement among early
47learning coalitions, local governmental agencies, providers of
48school readiness programs, state agencies, and the Agency for
49Workforce Innovation for the purpose of implementing the school
50readiness program.
51
52Agencies, organizations, or individuals that receive school
53readiness records in order to carry out their official functions
54must protect the data in a manner that does not permit the
55personal identification of a child enrolled in a school
56readiness program students and their parents by persons other
57than those authorized to receive the records. This section is
58subject to the Open Government Sunset Review Act of 1995 in
59accordance with s. 119.15 and shall stand repealed on October 2,
602005, unless reviewed and saved from repeal through reenactment
61by the Legislature.
62     Section 2.  This act shall take effect October 1, 2005.


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