Bill Text: GA HB1086 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public records; teacher and school employee information; exempt from disclosure
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2010-07-01 - Effective Date [HB1086 Detail]
Download: Georgia-2009-HB1086-Comm_Sub.html
Bill Title: Public records; teacher and school employee information; exempt from disclosure
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2010-07-01 - Effective Date [HB1086 Detail]
Download: Georgia-2009-HB1086-Comm_Sub.html
10 LC 33
3499S
The
House Committee on Education offers the following substitute to HB
1086:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating
to exemptions to requirements for disclosure of public records, so as to provide
that certain personal information relating to teachers and employees of public
and nonpublic schools shall be exempt from disclosure; to provide that
information relating to tests administered by the Professional Standards
Commission shall be exempt from disclosure; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to
exemptions to requirements for disclosure of public records, is amended by
revising paragraph (13.1) of subsection (a) as follows:
"(13.1)
Records that reveal the home address, the home telephone number,
the e-mail
address, or the social security number of
or insurance or medical information about public employees or teachers and
employees of a public school. For the purposes of this paragraph, the term
'public school' means any school which is conducted within this state and which
is under the authority and supervision of a duly elected county or independent
board of
education.
Public disclosure shall also not be required for records that reveal the home
address, the home telephone number, the e-mail address, or the social security
number of or insurance or medical information about employees or teachers of a
nonpublic school;"
SECTION
2.
Said
Code section is further amended by revising subsection (b) as
follows:
"(b)
This article shall not be applicable to:
(1)
Any trade secrets obtained from a person or business entity which are of a
privileged or confidential nature and required by law to be submitted to a
government agency or to data, records, or information of a proprietary nature,
produced or collected by or for faculty or staff of state institutions of higher
learning, or other governmental agencies, in the conduct
of,
or as a result of, study or research on commercial, scientific, technical, or
scholarly issues, whether sponsored by the institution alone or in conjunction
with a governmental body or private concern, where such data, records, or
information has not been publicly released, published, copyrighted, or patented;
(2)
Any data, records, or information developed, collected, or received by or on
behalf of faculty, staff, employees, or students of an institution of higher
education or any public or private entity supporting or participating in the
activities of an institution of higher education in the conduct of, or as a
result of, study or research on medical, scientific, technical, scholarly, or
artistic issues, whether sponsored by the institution alone or in conjunction
with a governmental body or private
entity,
until such information is published, patented, otherwise publicly disseminated,
or released to an agency whereupon the request must be made to the agency. This
subsection applies to, but is not limited to, information provided by
participants in research, research notes and data, discoveries, research
projects, methodologies, protocols, and creative works; or
(3)
Unless otherwise provided by law, contract, bid, or proposal, records consisting
of questions, scoring keys, and other materials, constituting a test that
derives value from being unknown to the test taker prior to administration,
which is to be administered by the State Board of Education, the Office of
Student Achievement,
the
Professional Standards Commission, or a
local school system, if reasonable measures are taken by the owner of the test
to protect security and confidentiality; provided, however, that the State Board
of Education may establish procedures whereby a person may view, but not copy,
such records if viewing will not, in the judgment of the board, affect the
result of administration of such test.
These
limitations shall not be interpreted by any court of law to include or otherwise
exempt from inspection the records of any athletic association or other
nonprofit entity promoting intercollegiate athletics."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.