FloridaFlorida law shields education tests from public records requests
Florida education entities keep covered tests from public inspection, follow rules for handling the records, and share them with state agencies when required.
What it does
Covered education tests and related materials are confidential and exempt from public records inspection. Student and parent rights concerning student records remain protected.
The State Board of Education and the Board of Governors must set rules for how covered test records are kept and disposed of.
Listed education entities may share confidential test information with one another. Schools, districts, colleges, and universities must provide it to state education agencies when asked.
Argument forKeeping test questions and answer keys private could make cheating harder and help schools reuse assessments without spending public money to replace them.
Argument againstKeeping test questions and related materials from public view could make it harder for families and taxpayers to see how schools measure student learning.
More detail
Covered examination and assessment materials are confidential and exempt from public records inspection and copying. The materials include tests, developmental materials, and related workpapers prepared, prescribed, administered, or held by listed public schools, districts, colleges, universities, boards of trustees, and state education agencies. This section does not limit student and parent rights concerning student and education records. The exemption is scheduled to end on October 2, 2031, unless the Legislature reviews and reenacts it.
The State Board of Education and the Board of Governors must adopt rules and regulations on keeping and disposing of covered records. These requirements apply to records described in the section, including examination and assessment materials held by the listed education entities. The State Board of Education adopts rules, and the Board of Governors adopts regulations.
Listed education entities may share covered confidential information with one another; specified schools and colleges must provide it to state education agencies upon request. The permission to share applies among all entities listed in the section. The duty to provide information applies to public schools, district school boards, Florida College System institutions, and state universities. Public schools, district school boards, Florida College System institutions, and state universities must provide the information when requested by the Department of Education, the State Board of Education, or the Board of Governors.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 12Chapter No. 2026-69Latest
- May 11Approved by Governor Ron DeSantisBecame Law
- Apr 30Signed by Officers and presented to GovernorTo Governor
- Mar 17Ordered enrolledMinor
- Mar 9Passed; YEAS 101, NAYS 8Passed House
- Vote recorded Passage, Third Reading. Result: pass.Lower
- Mar 9Read 3rd timeMinor
- Mar 9Added to Third Reading Calendar
- Mar 9Read 2nd timeMinor
- Mar 51st Reading (Original Filed Version)Minor
- Mar 5Bill added to Special Order Calendar (3/9/2026)
- Mar 5Bill referred to House Calendar
- Feb 19In Messages
- Vote recorded Third Reading. Result: pass.Upper
- Feb 19Immediately certified
- Feb 19Passed; YEAS 36 NAYS 1Passed Senate
- Feb 19Read 3rd timeMinor
- Feb 19Read 2nd timeMinor
- Feb 17Placed on Special Order Calendar, 02/19/26
- Feb 10Placed on Calendar, on 2nd reading
- Vote recorded Favorable. Result: pass.Upper
- Feb 10Favorable by- Rules; YEAS 22 NAYS 0Minor
- Feb 5On Committee agenda-- Rules, 02/10/26, 9:00 am, 412 Knott Building
- Feb 3Now in Rules
- Feb 2Favorable by Governmental Oversight and Accountability; YEAS 9 NAYS 0Minor
- Vote recorded Favorable. Result: pass.Upper
- Jan 29IntroducedMinor
- Jan 28On Committee agenda-- Governmental Oversight and Accountability, 02/02/26, 3:30 pm, 110 Senate Building
- Jan 22Referred to Governmental Oversight and Accountability; RulesMinor
- Jan 21FiledMinor
- Jan 20Submitted as Committee Bill and Reported Favorably by Education Pre-K - 12; YEAS 6 NAYS 2
- Vote recorded Submitted and Reported Favorably as Committee. Result: pass.Upper
- Jan 15On Committee agenda-- Education Pre-K - 12, 01/20/26, 1:00 pm, 412 Knott Building
- Jan 15Submitted for consideration by Education Pre-K - 12Introduced
EducationGovernment & Ethics