1008.23 Confidentiality of assessment instruments.—
(1)(a) All examination and assessment instruments, including developmental materials and workpapers directly related thereto, which are held by a public school, a district school board, a Florida College System institution, a state university, a board of trustees, the Department of Education, the State Board of Education, or the Board of Governors shall be confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) The State Board of Education and the Board of Governors shall adopt rules and regulations, respectively, establishing retention schedules and a disposal process for the records described in paragraph (a).
(c)1. An entity listed in paragraph (a) may disclose the information made confidential and exempt from public records inspection and copying requirements by this section to any other entity listed in that paragraph.
2. A public school, district school board, Florida College System institution, or state university must, upon request, disclose the information made confidential and exempt from public records inspection and copying requirements by this section to the Department of Education, the State Board of Education, or the Board of Governors.
(d) Nothing in this section shall be construed to limit, abridge, or infringe on the rights of students and parents with respect to student records and education records pursuant to ss. 1002.20 and 1002.22.
(2) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 369, ch. 2002-387; s. 56, ch. 2013-35; s. 1, ch. 2021-81; s. 1, ch. 2026-69.
