October 17, 2019
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       Florida Senate - 2010                                    SB 2740
       
       
       
       By Senator Thrasher
       
       
       
       
       8-01705A-10                                           20102740__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         1008.23, F.S.; expanding a public-records exemption
    4         for specified instructional assessments to include the
    5         tests required for high school graduation and end-of
    6         course assessments developed or acquired by local
    7         school districts; providing for future legislative
    8         review and repeal of the exemption under the Open
    9         Government Sunset Review Act; providing a statement of
   10         public necessity; providing a contingent effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 1008.23, Florida Statutes, is amended to
   16  read:
   17         1008.23 Confidentiality of assessment instruments.—
   18         (1) All examination and assessment instruments, including
   19  developmental materials and workpapers directly related thereto,
   20  which are prepared, prescribed, or administered pursuant to ss.
   21  1003.428, 1003.429, 1003.43, 1008.22, 1008.222, and 1008.25
   22  shall be confidential and exempt from the provisions of s.
   23  119.07(1) and from s. 1001.52. Provisions governing access,
   24  maintenance, and destruction of such instruments and related
   25  materials shall be prescribed by rules of the State Board of
   26  Education.
   27         (2) This section is subject to the Open Government Sunset
   28  Review Act in accordance with s. 119.15, and shall stand
   29  repealed on October 2, 2015, unless reviewed and saved from
   30  repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that it is a public
   32  necessity to make confidential and exempt from public disclosure
   33  the tests required for high school graduation and end-of-course
   34  assessments that are developed or acquired by school districts
   35  in order to preserve the integrity of the assessments and
   36  prevent fraudulent misuse through unauthorized distribution.
   37  Without the exemption, the ability of a local school district to
   38  accurately measure student achievement would be significantly
   39  compromised. The Legislature finds that this exemption from the
   40  public-records law is necessary in order to ensure that local
   41  school districts can effectively and efficiently fulfill their
   42  mission in education and student learning.
   43         Section 3. This act shall take effect on the same date that
   44  SB ____ or similar legislation takes effect, if such legislation
   45  is adopted in the same legislative session or an extension
   46  thereof and becomes law.

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