House subcommittee OKs bill sparked by Volusia County Schools drama

When Volusia County School Board member Donna Brosemer asked for school records, she was hit by a bill from the very District she oversees. Other times, she was ignored completely and left empty-handed, she said.

Meanwhile, some Volusia County Schools employees were required to sign nondisclosure agreements (NDAs) about school business, leading to challenges.

All of those issues sparked new legislation moving through the House Education Administration Subcommittee (HB 1073). The bill would establish a School Board member’s bill of rights, making it clear that School Board members must get records timely and for free. It would also ban requiring school employees to sign NDAs.

The bill led to a spirited debate, with the subcommittee passing the measure with a 15-3 vote.

“For those of you who know me, this is my sixth Session,” said Rep. Traci Koster, a Tampa Republican sponsoring the bill. “I don’t file bills unless I perceive a real, true problem.”

HB 1073 would codify that local School Board members have the right to freely access records that may be off limits to the public. The bill said those documents could be internal legal opinions, correspondence, memoranda or invoices. Florida also has a broad public records law that also allows journalists and the public to get many school documents if they don’t pertain to private student information.

The bill adds that School Board members have the right to consult the District’s Chief Financial Officer on the budget and spending matters. They “have access, upon request, to any detail or line item in any proposed or approved budget or in any financial transaction by the school district,” the bill says.

“Because of this bill, the District’s line-item budget will be made available to us. It is currently not,” Brosemer said, adding that she can’t even find out how much money the District spent on legal fees.

School Districts already are required to keep minutes and records of the School Board meetings.

“Other documents, including attachments for agenda items, such as vendor contracts or budget documents, must be kept as a public record with the minutes of each meeting,” the bill says.

The bill is seeking to expand the rights for public school employees as well.

“A School District employee may not be required, or otherwise incentivized, to sign a nondisclosure agreement or confidentiality agreement,” the bill says.

“I find myself oftentimes thinking, ‘Wow, we’re having to legislate things that are common sense,’” said Rep. Susan Valdés, a Tampa Republican and former Hillsborough County School Board member. “Let’s protect the School Board members’ rights to have the information necessary.”

Rep. Marie Woodson, a Hollywood Democrat, said she was against the bill because she felt School Board members could rock the boat by talking to other employees, and the District should have a “chain of command.” 

Thursday’s vote was HB 1073’s first committee stop. It proceeds next to the Education & Employment Committee.

A similar Senate bill (SB 1620) filed by Sen. Tom Leek has been referred to three committees but has not yet been called to a vote.