Senate Bill sb1592
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1592
By Senator Siplin
19-1054-04
1 A bill to be entitled
2 An act relating to education assessment
3 instruments; amending s. 1008.23, F.S.;
4 allowing a student's parent or guardian and an
5 accompanying assistant to review the questions
6 and the student's answers to those questions on
7 the Florida Comprehensive Assessment Test and
8 other state-required academic assessment tests;
9 providing conditions to such review; requiring
10 the Department of Education to ensure that the
11 department and the school districts honor
12 requests for such review; providing for damages
13 for violations; providing for costs and
14 attorney's fees incurred in seeking compliance
15 and payment of damages; providing for
16 applicability; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 1008.23, Florida Statutes, is
21 amended to read:
22 1008.23 Confidentiality of assessment
23 instruments.--All examination and assessment instruments,
24 including developmental materials and workpapers directly
25 related thereto, which are prepared, prescribed, or
26 administered pursuant to ss. 1003.43, 1008.22, and 1008.25
27 shall be confidential and exempt from the provisions of s.
28 119.07(1) and from s. 1001.52. Provisions governing access,
29 maintenance, and destruction of such instruments and related
30 materials shall be prescribed by rules of the State Board of
31 Education. However, a student's parent or guardian,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 1592
19-1054-04
1 accompanied by anyone whose assistance the parent or guardian
2 wishes to have, may review, at the student's school and within
3 21 calendar days after making the request, the questions on
4 each section of the Florida Comprehensive Assessment Test
5 given to the student, as well as the questions on each other
6 state-required academic assessment test given to the student,
7 and the student's answers to those questions. The Department
8 of Education shall ensure that each such request is fully and
9 timely responded to by personnel of the department as well as
10 the school district in which the child resides or is enrolled.
11 If such a request is not fully and timely responded to, the
12 parent or guardian is entitled to receive damages of $100 per
13 day from the department until such compliance is achieved as
14 well as reasonable costs and attorney's fees incurred by the
15 parent or guardian in seeking such compliance and payment of
16 damages.
17 Section 2. This act shall take effect July 1, 2004,
18 and shall apply to every Florida Comprehensive Assessment Test
19 and every other state-required academic test given after
20 January 1, 2004.
21
22 *****************************************
23 SENATE SUMMARY
24 Allows a student's parent or guardian and an accompanying
assistant to review the questions and the student's
25 answers to those questions on the Florida Comprehensive
Assessment Test and other state-required academic
26 assessment tests. Provides conditions to such review.
Requires the Department of Education to ensure that the
27 department and the school districts honor requests for
such review. Provides for damages for violations.
28 Provides for costs and attorney's fees incurred in
seeking compliance and payment of damages. Provides for
29 applicability to tests given after January 1, 2004.
30
31
2
CODING: Words stricken are deletions; words underlined are additions.