THE BILL ITSELF
HB 7021
OGSR/Examination and Assessment Instruments
1
A bill to be entitled
2
An act relating to a review under the Open Government
3
Sunset Review Act; amending s. 1008.23, F.S.;
4
repealing a duplicative exemption from public record
5
requirements for certain examination and assessment
6
instruments; expanding an exemption from public record
7
requirements for examination and assessment
8
instruments to include such instruments when held by
9
certain entities; requiring the State Board of
10
Education and the Board of Governors to adopt certain
11
rules and regulations, respectively, governing the
12
retention and disposal process for specified records;
13
removing a provision requiring the State Board of
14
Education and Board of Governors to adopt certain
15
rules and regulations, respectively, governing access
16
to specified records; authorizing specified entities
17
to disclose exempt information to certain entities;
18
requiring specified entities to disclose exempt
19
information in certain circumstances; providing
20
construction; extending the scheduled repeal of the
21
exemption; providing a statement of public necessity;
22
providing an effective date.
24
Be It Enacted by the Legislature of the State of Florida:
26
Section 1. Section 1008.23, Florida Statutes, is amended
27
to 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, 1008.25,
33
and 1012.56 shall be confidential and exempt from s. 119.07(1)
34
and s. 24(a), Art. I of the State Constitution. Provisions
35
governing access, maintenance, and destruction of such
36
instruments and related materials shall be prescribed by rules
37
of the State Board of Education.
38
(1)(a)(2)(a) All examination and assessment instruments,
39
including developmental materials and workpapers directly
40
related thereto, which are held prepared, prescribed, or
41
administered by a public school, a district school board, a
42
Florida College System institution, a state university, a board
43
of trustees, or the Department of Education, the State Board of
44
Education, or the Board of Governors shall be confidential and
45
exempt from s. 119.07(1) and s. 24(a), Art. I of the State
46
Constitution.
47
(b) The State Board of Education and the Board of
48
Governors shall adopt rules or regulations, respectively,
49
establishing retention schedules and a disposal process for
50
records described in paragraph (a).
51
(c)1. Any entity listed in paragraph (a) may disclose the
52
information made confidential and exempt from public record
53
requirements by this section to any other entity listed in that
54
paragraph.
55
2. A public school, district school board, Florida College
56
System institution, or state university must, upon request,
57
disclose the information made confidential and exempt from
58
public record requirements by this section to the Department of
59
Education, the State Board of Education, or the Board of
60
Governors.
61
(d) Nothing in this section shall be construed to limit,
62
abridge, or infringe on the rights of students and parents with
63
respect to student records and education records pursuant to ss.
64
1002.20 and 1002.22
65
(b) Provisions governing access, maintenance, and
66
destruction of the instruments and related materials identified
67
under paragraph (a) shall be prescribed by rules of the State
68
Board of Education and regulations of the Board of Governors,
69
respectively.
70
(2)(3) This section is subject to the Open Government
71
Sunset Review Act in accordance with s. 119.15 and shall stand
72
repealed on October 2, 2031 October 2, 2026, unless reviewed and
73
saved from repeal through reenactment by the Legislature.
74
Section 2. The Legislature finds that it is a public
75
necessity to exempt from s. 119.07(1), Florida Statutes, and s.
76
24(a), Article I of the State Constitution, examination and
77
assessment instruments, including developmental materials and
78
workpapers directly related thereto, which are held by a public
79
school, a district school board, a Florida College System
80
institution, a state university, a board of trustees, the
81
Department of Education, the State Board of Education, or the
82
Board of Governors. Public schools and district school boards
83
routinely develop, license, and administer recurring classroom,
84
course, school, and district assessments, frequently drawing
85
upon secure item banks and developmental materials used across
86
schools and administrations. Public disclosure of test items,
87
prompts, answer keys, scoring rubrics, item specifications,
88
field-testing materials, and related developmental workpapers
89
would enable cheating and academic dishonesty, compromise the
90
validity and reliability of local assessments, undermine fair
91
measurement of student learning and program effectiveness, and
92
necessitate significant public expenditures to replace
93
compromised instruments and rebuild secure item banks. The
94
boards of trustees of Florida College System institutions and
95
state universities, as well the State Board of Education and the
96
Board of Governors, oversee institutions that develop, license,
97
and administer examinations and assessment instruments and in
98
that role receive such information, which, if made public, would
99
enable cheating and academic dishonesty, compromise the validity
100
and reliability of examinations and assessments, undermine fair
101
measurement of student learning and program effectiveness, and
102
necessitate significant public expenditures to replace
103
compromised instruments and rebuild secure item banks. As such
104
the Legislature finds that the harm that may result from the
105
release of such examination and assessment instruments outweighs
106
any public benefit that may be derived from disclosure.
107
Section 3. This act shall take effect upon becoming a law.