(1)(a) The records of a child enrolled in the Voluntary Prekindergarten Education Program held by an early learning coalition, the department, or a Voluntary Prekindergarten Education Program provider are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For purposes of this section, such records include assessment data, health data, records of teacher observations, and personal identifying information of an enrolled child and his or her parent.
(b) This exemption applies to the records of a child enrolled in the Voluntary Prekindergarten Education Program held by an early learning coalition, the department, or a Voluntary Prekindergarten Education Program provider before, on, or after the effective date of this exemption.
(2) A parent has the right to inspect and review the Voluntary Prekindergarten Education Program record of his or her child and to obtain a copy of such record.
(3)(a) Confidential and exempt Voluntary Prekindergarten Education Program records may be released to:
1. The United States Secretary of Education, the United States Secretary of Health and Human Services, and the Comptroller General of the United States for the purpose of federal audits or investigations.
2. Individuals or organizations conducting studies for institutions to develop, validate, or administer assessments or improve instruction.
3. Accrediting organizations in order to carry out their accrediting functions.
4. Appropriate parties in connection with an emergency if the information is necessary to protect the health or safety of the child or other individuals.
5. The Auditor General in connection with his or her official functions.
6. A court of competent jurisdiction in compliance with an order of that court pursuant to a lawfully issued subpoena.
7. Parties to an interagency agreement among early learning coalitions, local governmental agencies, Voluntary Prekindergarten Education Program providers, or state agencies for the purpose of implementing the Voluntary Prekindergarten Education Program.
(b) Agencies, organizations, or individuals receiving such confidential and exempt records in order to carry out their official functions must protect the records in a manner that will not permit the personal identification of an enrolled child or his or her parent by persons other than those authorized to receive the records.
History.—s. 1, ch. 2005-88; s. 178, ch. 2008-4; s. 1, ch. 2010-44; s. 456, ch. 2011-142; s. 13, ch. 2013-252; s. 44, ch. 2021-10.
Structure Florida Statutes
Title XLVIII - Early Learning-20 Education Code
Chapter 1002 - Student and Parental Rights and Educational Choices
Part V - Voluntary Prekindergarten Education Program (Ss. 1002.51-1002.79)
1002.53 - Voluntary Prekindergarten Education Program; eligibility and enrollment.
1002.55 - School-year prekindergarten program delivered by private prekindergarten providers.
1002.57 - Prekindergarten director credential.
1002.59 - Emergent literacy and performance standards training courses.
1002.63 - School-year prekindergarten program delivered by public schools.
1002.66 - Specialized instructional services for children with disabilities.
1002.67 - Performance standards and curricula.
1002.68 - Voluntary Prekindergarten Education Program accountability.
1002.71 - Funding; financial and attendance reporting.
1002.72 - Records of children in the Voluntary Prekindergarten Education Program.
1002.73 - Department of Education; powers and duties; accountability requirements.