Florida Senate - 2010         (PROPOSED COMMITTEE BILL) SPB 7064
       
       
       
       FOR CONSIDERATION By the Committee on Education Pre-K - 12
       
       
       
       
       581-01534-10                                          20107064__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act regarding the Voluntary
    4         Prekindergarten Education Program; amending s.
    5         1002.72, F.S., relating to an exemption from public
    6         records requirements for the individual records of a
    7         child enrolled in the Voluntary Prekindergarten
    8         Education Program which are held by an early learning
    9         coalition, the Agency for Workforce Innovation, or a
   10         Voluntary Prekindergarten Education Program provider,
   11         including assessment data, health data, records of
   12         teacher observations, and personal identifying
   13         information of the enrolled child and his or her
   14         parent; authorizing early learning coalitions to share
   15         confidential and exempt records of children enrolled
   16         in the Voluntary Prekindergarten Education Program
   17         with contract service providers; providing a
   18         definition; saving the exemption from repeal under the
   19         Open Government Sunset Review Act; removing the
   20         scheduled repeal of the exemption; providing an
   21         effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (3) and (4) of section 1002.72,
   26  Florida Statutes, are amended to read:
   27         1002.72 Records of children in the Voluntary
   28  Prekindergarten Education Program.—
   29         (3) Confidential and exempt Voluntary Prekindergarten
   30  Education Program records may be released to:
   31         (a) The United States Secretary of Education, the United
   32  States Secretary of Health and Human Services, and the
   33  Comptroller General of the United States for the purpose of
   34  federal audits.
   35         (b) Individuals or organizations conducting studies for
   36  institutions to develop, validate, or administer assessments or
   37  improve instruction.
   38         (c) Accrediting organizations in order to carry out their
   39  accrediting functions.
   40         (d) Appropriate parties in connection with an emergency if
   41  the information is necessary to protect the health or safety of
   42  the child or other individuals.
   43         (e) The Auditor General in connection with his or her
   44  official functions.
   45         (f) A court of competent jurisdiction in compliance with an
   46  order of that court pursuant to a lawfully issued subpoena.
   47         (g) Parties to an interagency agreement among early
   48  learning coalitions, local governmental agencies, Voluntary
   49  Prekindergarten Education Program providers, or state agencies
   50  for the purpose of implementing the Voluntary Prekindergarten
   51  Education Program.
   52         (h)A qualified contractor. For purposes of this
   53  subsection, the term “qualified contractor” means an entity
   54  performing the duties of an early learning coalition under
   55  contract, including conducting the parent orientation session or
   56  video exhibition; registering a provider, child, or class;
   57  determining child or provider eligibility; or enrolling children
   58  in the statewide information system. The term does not include a
   59  school district, a public school, or a private entity that
   60  derives more than 5 percent of its income, excluding income that
   61  the entity derives from the Federal Government for Head Start,
   62  from providing child care as defined in s. 402.302. The early
   63  learning coalition is ultimately responsible for its duties when
   64  they are performed by a qualified contractor.
   65  
   66  Agencies, organizations, or individuals receiving such
   67  confidential and exempt records in order to carry out their
   68  official functions must protect the records in a manner that
   69  will not permit the personal identification of an enrolled child
   70  or his or her parent by persons other than those authorized to
   71  receive the records.
   72         (4)This section is subject to the Open Government Sunset
   73  Review Act in accordance with s. 119.15 and shall stand repealed
   74  October 2, 2010, unless reviewed and saved from repeal through
   75  reenactment by the Legislature.
   76         Section 2. This act shall take effect October 1, 2010.