Bill Text: FL S7064 | 2010 | Regular Session | Introduced

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Bill Title: OGSR/Voluntary Prekindergarten Education Program

Spectrum: Unknown

Status: (N/A - Dead) 2010-02-16 - Submit as committee bill by Education Pre-K - 12 (SB 2144) [S7064 Detail]

Download: Florida-2010-S7064-Introduced.html

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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.