| 1 | A bill to be entitled |
| 2 | An act relating to a public records exemption; amending s. |
| 3 | 1008.24, F.S.; providing an exemption from public records |
| 4 | requirements for the investigation of education testing |
| 5 | impropriety and information obtained pursuant to the |
| 6 | investigation; providing for limited duration of the |
| 7 | exemption; providing for future review and repeal; |
| 8 | providing a statement of public necessity; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (3) of section 1008.24, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 1008.24 Test security.-- |
| 16 | (3)(a) A district school superintendent, a president of a |
| 17 | public postsecondary educational institution, or a president of |
| 18 | a nonpublic postsecondary educational institution shall |
| 19 | cooperate with the Commissioner of Education in any |
| 20 | investigation concerning the administration of a test |
| 21 | administered pursuant to state statute or rule. |
| 22 | (b) The investigation of a testing impropriety and all |
| 23 | information obtained pursuant to the investigation is |
| 24 | confidential and exempt from the provisions of s. 119.07(1) and |
| 25 | s. 24(a), Art. I of the State Constitution until the conclusion |
| 26 | of any Department of Education investigation or as provided in |
| 27 | s. 1012.796, when applicable. This paragraph is subject to the |
| 28 | Open Government Sunset Review Act in accordance with s. 119.15 |
| 29 | and shall stand repealed on October 2, 2014, unless reviewed and |
| 30 | saved from repeal through reenactment by the Legislature. |
| 31 | Section 2. The Legislature finds that it is a public |
| 32 | necessity that the investigation and all information related to |
| 33 | the investigation of a testing impropriety held by the |
| 34 | Department of Education be made confidential and exempt from |
| 35 | public records requirements until the conclusion of any |
| 36 | Department of Education investigation or as provided in s. |
| 37 | 1012.796, Florida Statutes, when applicable. The accountability |
| 38 | decisions related to testing in Florida are of statewide |
| 39 | interest, and there exists strong public interest in any |
| 40 | circumstances related to the investigation of a testing |
| 41 | impropriety. Circumstances may involve actions by teachers, |
| 42 | principals, or other individuals that must be uncovered through |
| 43 | a thorough investigation that may involve statistical and other |
| 44 | analyses. The release of information prior to the conclusion of |
| 45 | an investigation may provide information of a sensitive personal |
| 46 | nature that could cause unwarranted damage to the name or |
| 47 | reputation of all involved individuals. |
| 48 | Section 3. This act shall take effect July 1, 2009. |