Florida Senate - 2010                             CS for SB 2144
       
       
       
       By the Committees on Education Pre-K - 12; and Education Pre-K -
       12
       
       
       
       581-03012-10                                          20102144c1
    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 certain agents or representatives
   15         of parties to an interagency agreement to have access
   16         to confidential and exempt records of children
   17         enrolled in the Voluntary Prekindergarten Education
   18         Program; 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) Agents or authorized representatives of any party to an
   53  interagency agreement as provided in paragraph (g) for the
   54  purpose of implementing the Voluntary Prekindergarten Education
   55  Program. For purposes of this subsection, the term “agents or
   56  authorized representatives” includes contractors, consultants,
   57  volunteers, or other parties to whom a party to the interagency
   58  agreement has outsourced services, provided the agent or
   59  representative:
   60         1. Performs a service or function for which a party to the
   61  interagency agreement would otherwise use employees; and
   62         2. Is under the direct control of the party to the
   63  interagency agreement with respect to the use and maintenance of
   64  records.
   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.


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