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FLORIDA DEPT. OF EDUC. v. COOPER

No. 1D02-4040.

858 So.2d 394 (2003)

FLORIDA DEPARTMENT OF EDUCATION, and Jim Horne, in his official capacity as Commissioner of Education, Appellant, v. Steven O. COOPER, Appellee.

District Court of Appeal of Florida, First District.

November 6, 2003.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Daniel J. Woodring, General Counsel Florida Department of Education, Margaret O'Sullivan Parker, Assistant General Counsel Florida Department of Education, Tallahassee, for Appellant.

Mark Herdman, Herdman & Sakellarides, P.A., Palm Harbor, for Appellee.

HAWKES, J.

We are asked to decide whether Florida Comprehensive Achievement Test (FCAT) test instruments, consisting of the test booklet and questions, as distinguished from the test score, are "student records," as that term is defined by Florida law. We find they are not and reverse.

The trial court's final judgment required Appellant, the Department of Education (DOE) to provide Appellee, Steven Cooper, the legal guardian of a student who took and failed...

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