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29 | and shall stand repealed on October 2, 2014, unless reviewed and |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. |