Florida Senate - 2021                                    SB 1456
       
       
        
       By Senator Rodrigues
       
       
       
       
       
       27-01058B-21                                          20211456__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         1008.23, F.S.; expanding an exemption from public
    4         records requirements for examination and assessment
    5         instruments used for statewide standardized
    6         assessments and student progression to include those
    7         instruments used for statewide kindergarten screening,
    8         youth enrolled in Department of Juvenile Justice
    9         programs, limited English proficient students, civic
   10         literacy assessments, measuring minority and
   11         underrepresented student achievement, and
   12         certification of educators and those administered by a
   13         Florida College System institution, a state
   14         university, or the Department of Education; providing
   15         that provisions governing access, maintenance, and
   16         destruction of certain instruments and related
   17         materials shall be prescribed by rules of the State
   18         Board of Education and regulations of the Board of
   19         Governors, respectively; providing for future
   20         legislative review and repeal of the exemption;
   21         providing legislative findings; providing a statement
   22         of public necessity; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 1008.23, Florida Statutes, is amended to
   27  read:
   28         1008.23 Confidentiality of assessment instruments.—
   29         (1) All examination and assessment instruments, including
   30  developmental materials and workpapers directly related thereto,
   31  which are prepared, prescribed, or administered pursuant to ss.
   32  1002.69, 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, and
   33  1008.25, and 1012.56 shall be confidential and exempt from s.
   34  119.07(1) and s. 24(a), Art. I of the State Constitution the
   35  provisions of s. 119.07(1) and from s. 1001.52. Provisions
   36  governing access, maintenance, and destruction of such
   37  instruments and related materials shall be prescribed by rules
   38  of the State Board of Education.
   39         (2)(a)All examination and assessment instruments,
   40  including developmental materials and workpapers directly
   41  related thereto, which are prepared, prescribed, or administered
   42  by a Florida College System institution, a state university, or
   43  the Department of Education shall be confidential and exempt
   44  from s. 119.07(1) and s. 24(a), Art. I of the State
   45  Constitution.
   46         (b) Provisions governing access, maintenance, and
   47  destruction of the instruments and related materials identified
   48  under paragraph (a) shall be prescribed by rules of the State
   49  Board of Education and regulations of the Board of Governors,
   50  respectively.
   51         (3) This section is subject to the Open Government Sunset
   52  Review Act in accordance with s. 119.15 and shall stand repealed
   53  on October 2, 2026, unless reviewed and saved from repeal
   54  through reenactment by the Legislature.
   55         Section 2. (1) The Legislature finds that it is a public
   56  necessity to exempt from s. 119.07(1), Florida Statutes, and s.
   57  24(a), Article I of the State Constitution examination and
   58  assessment instruments used for statewide kindergarten
   59  screening, youth enrolled in Department of Juvenile Justice
   60  programs, limited English proficient students, civic literacy
   61  assessments, measuring minority and underrepresented student
   62  achievement, and certification of educators and those
   63  administered by a Florida College System institution, a state
   64  university, or the Department of Education.
   65         (2) The state has historically protected education records
   66  from public disclosure. Section 1002.221, Florida Statutes,
   67  makes K-12 education records generally confidential, while s.
   68  1008.23, Florida Statutes, as it is currently written, already
   69  makes examination and assessment instruments relating to
   70  statewide, standardized assessments and student progression
   71  confidential.
   72         (3) Assessment instruments contain proprietary information
   73  that must be protected to maintain the security of such
   74  information. In addition, examination and assessment instruments
   75  must be protected to prevent cheating, plagiarism, and academic
   76  dishonesty in education and to ensure the validity of the
   77  results derived from the administration of examinations and
   78  assessments.
   79         (4) The state’s ability to objectively assess educational
   80  progress and performance is impaired if examination and
   81  assessment instruments can be publicly disseminated before or
   82  after being administered. Public dissemination of already
   83  administered examination and assessment instruments may also
   84  invade a student’s privacy and harm his or her ability to
   85  protect his or her personal information and educational records.
   86         (5) Based on the foregoing, the Legislature finds that the
   87  harm that may result from the release of such examination and
   88  assessment instruments outweighs any public benefit that may be
   89  derived from the disclosure of the information.
   90         Section 3. This act shall take effect July 1, 2021.