Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 1912 Barcode 916162 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/18/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education Pre-K - 12 (Detert) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (3) of section 1008.24, Florida 6 Statutes, is amended to read: 7 1008.24 Test security.— 8 (3)(a) A district school superintendent, a president of a 9 public postsecondary educational institution, or a president of 10 a nonpublic postsecondary educational institution shall 11 cooperate with the Commissioner of Education in any 12 investigation concerning the administration of a test 13 administered pursuant to state statute or rule. 14 (b) The identity of a school or postsecondary institution, 15 the personally identifiable information of any personnel of any 16 school district or postsecondary institution, or any specific 17 allegations of misconduct obtained or reported pursuant to an 18 investigation conducted by the Department of Education of a 19 testing impropriety are confidential and exempt from the 20 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 21 Constitution until the conclusion of the investigation or until 22 such time as the investigation ceases to be active. For the 23 purpose of this paragraph, an investigation shall be deemed 24 concluded upon a finding that no impropriety has occurred, upon 25 the conclusion of any resulting preliminary investigation 26 pursuant to s. 1012.796, upon the completion of any resulting 27 investigation by a law enforcement agency, or upon the referral 28 of the matter to an employer who has the authority to take 29 disciplinary action against an individual who is suspected of a 30 testing impropriety. For the purpose of this paragraph, an 31 investigation shall be considered active so long as it is 32 ongoing and there is a reasonable, good faith anticipation that 33 an administrative finding will be made in the foreseeable 34 future. This paragraph is subject to the Open Government Sunset 35 Review Act in accordance with s. 119.15, and shall stand 36 repealed on October 2, 2014, unless reviewed and saved from 37 repeal through reenactment by the Legislature. 38 Section 2. The Legislature finds that it is a public 39 necessity that certain records related to the investigation of a 40 testing impropriety, which are held by the Department of 41 Education, be made confidential and exempt from public-records 42 requirements until an investigation conducted by the department 43 is concluded or until such investigation becomes inactive. The 44 decisions relating to accountability and to testing in Florida 45 are of statewide interest and there is a strong public interest 46 in the circumstances surrounding an investigation of a testing 47 impropriety, including the identity of a school or postsecondary 48 institution and the actions by teachers, administrators, 49 paraprofessionals, or other individuals which must be uncovered 50 through a comprehensive investigation that may involve 51 statistical and other analyses. The release of information 52 before an investigation is concluded may reveal sensitive or 53 personal information that could cause unwarranted damage to the 54 names or reputations of the individuals involved. 55 Section 3. This act shall take effect July 1, 2009. 56 57 ================= T I T L E A M E N D M E N T ================ 58 And the title is amended as follows: 59 Delete everything before the enacting clause 60 and insert: 61 A bill to be entitled 62 An act relating to public records; amending s. 63 1008.24, F.S.; providing an exemption from public 64 records requirements for personally identifiable 65 information or allegations of misconduct obtained or 66 reported in connection with an investigation of a 67 testing impropriety conducted by the Department of 68 Education; providing that the exemption applies until 69 the investigation is concluded or becomes inactive; 70 providing for future legislative review and repeal of 71 the exemption under the Open Government Sunset Review 72 Act; providing a statement of public necessity; 73 providing an effective date.