HB 895

1
A bill to be entitled
2An act relating to a public records exemption; amending s.
31008.24, F.S.; providing an exemption from public records
4requirements for the investigation of education testing
5impropriety and information obtained pursuant to the
6investigation; providing for limited duration of the
7exemption; providing for future review and repeal;
8providing a statement of public necessity; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (3) of section 1008.24, Florida
14Statutes, is amended to read:
15     1008.24  Test security.--
16     (3)(a)  A district school superintendent, a president of a
17public postsecondary educational institution, or a president of
18a nonpublic postsecondary educational institution shall
19cooperate with the Commissioner of Education in any
20investigation concerning the administration of a test
21administered pursuant to state statute or rule.
22     (b)  The investigation of a testing impropriety and all
23information obtained pursuant to the investigation is
24confidential and exempt from the provisions of s. 119.07(1) and
25s. 24(a), Art. I of the State Constitution until the conclusion
26of any Department of Education investigation or as provided in
27s. 1012.796, when applicable. This paragraph is subject to the
28Open Government Sunset Review Act in accordance with s. 119.15
29and shall stand repealed on October 2, 2014, unless reviewed and
30saved from repeal through reenactment by the Legislature.
31     Section 2.  The Legislature finds that it is a public
32necessity that the investigation and all information related to
33the investigation of a testing impropriety held by the
34Department of Education be made confidential and exempt from
35public records requirements until the conclusion of any
36Department of Education investigation or as provided in s.
371012.796, Florida Statutes, when applicable. The accountability
38decisions related to testing in Florida are of statewide
39interest, and there exists strong public interest in any
40circumstances related to the investigation of a testing
41impropriety. Circumstances may involve actions by teachers,
42principals, or other individuals that must be uncovered through
43a thorough investigation that may involve statistical and other
44analyses. The release of information prior to the conclusion of
45an investigation may provide information of a sensitive personal
46nature that could cause unwarranted damage to the name or
47reputation of all involved individuals.
48     Section 3.  This act shall take effect July 1, 2009.


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