An act relating to parental rights in education; amending s. 1001.42, F.S.; requiring district school boards to adopt procedures that comport with certain provisions of law for notifying a student's parent of specified information; requiring such procedures to reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children in a specified manner; prohibiting the procedures from prohibiting a parent from accessing certain records; providing construction; prohibiting a school district from adopting procedures or student support forms that prohibit school district personnel from notifying a parent about specified information or that encourage or have the effect of encouraging a student to withhold from a parent such information; prohibiting school district personnel from discouraging or prohibiting parental notification and involvement in critical decisions affecting a student's mental, emotional, or physical well-being; providing construction; prohibiting classroom discussion about sexual orientation or gender identity in certain grade levels or in a specified manner; requiring certain training developed or provided by a school district to adhere to standards established by the Department of Education; requiring school districts to notify parents of healthcare services and provide parents the opportunity to consent or decline such services; providing that a specified parental consent does not wave certain parental rights; requiring school districts to provide parents with certain questionnaires or health screening forms and obtain parental permission before administering such questionnaires and forms; requiring school districts 35 to adopt certain procedures for resolving specified parental concerns; requiring resolution within a specified timeframe; requiring the Commissioner of Education to appoint a special magistrate for unresolved concerns; providing requirements for the special magistrate; requiring the State Board of Education to approve or reject the special magistrate's recommendation within specified timeframe; requiring school districts to bear the costs of the special magistrate; requiring the State Board of Education to adopt rules; providing requirements for such rules; authorizing a parent to bring an action against a school district to obtain a declaratory judgment that a school district procedure or practice violates certain provisions of law; providing for the additional award of injunctive relief, damages, and reasonable attorney fees and court costs to certain parents; requiring school district to adopt policies to notify parents of certain rights; providing construction; requiring the 55 department to review and update, as necessary, specified materials by a certain date; providing an effective date.
Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Paragraph (c) is added to subsection (8) of 62 section 1001.42, Florida Statutes, to read: 63 1001.42 Powers and duties of district school board.The 64 district school board, acting as a board, shall exercise all 65 powers and perform all duties listed below: 66 (8) STUDENT WELFARE. 67 (c)1. In accordance with the rights of parents enumerated 68 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 69 student's parent if there is a change in the student's services 70 or monitoring related to the student's mental, emotional, or 71 physical health or well-being and the school's ability to 72 provide a safe and supportive learning environment for the 73 student. The procedures must reinforce the fundamental right of 74 parents to make decisions regarding the upbringing and control 75 of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her 77 well-being with his or her parent or to facilitate discussion of 78 the issue with the parent. The procedures may not prohibit 79 parents from accessing any of their student's education and 80 health records created, maintained, or used by the school 81 district, as required by s. 1002.22(2). 82 2. A school district may not adopt procedures or student 83 support forms that prohibit school district personnel from 84 notifying a parent about his or her student's mental, emotional, 85 or physical health or well-being, or a change in related 86 services or monitoring, or that encourage or have the effect of 87 encouraging a student to withhold from a parent such 88 information. School district personnel may not discourage or 89 prohibit parental notification of and involvement in critical 90 decisions affecting a student's mental, emotional, or physical 91 health or well-being. This subparagraph does not prohibit a 92 school district from adopting procedures that permit school 93 personnel to withhold such information from a parent if a 94 reasonably prudent person would believe that disclosure would 95 result in abuse, abandonment, or neglect, as those terms are 96 defined in s. 39.01. 97 3. Classroom instruction by school personnel or third 98 parties on sexual orientation or gender identity may not occur 99 in kindergarten through grade 3 or in a manner that is not age100 appropriate or developmentally appropriate for students in accordance with state standards. 102 4. Student support services training developed or provided 103 by a school district to school district personnel must adhere to 104 student services guidelines, standards, and frameworks 105 established by the Department of Education. 106 5. At the beginning of the school year, each school 107 district shall notify parents of each healthcare service offered 108 at their student's school and the option to withhold consent or 109 decline any specific service. Parental consent to a health care 110 service does not waive the parent's right to access his or her 111 student's educational or health records or to be notified about 112 a change in his or her student's services or monitoring as 113 provided by this paragraph. 114 6. Before administering a student well-being questionnaire 115 or health screening form to a student in kindergarten through 116 grade 3, the school district must provide the questionnaire or 117 health screening form to the parent and obtain the permission of 118 the parent. 119 7. Each school district shall adopt procedures for a 120 parent to notify the principal, or his or her designee, 121 regarding concerns under this paragraph at his or her student's 122 school and the process for resolving those concerns within 7 123 calendar days after notification by the parent. 124 a. At a minimum, the procedures must require that within 125 30 days after notification by the parent that the concern remains unresolved, the school district must either resolve the 127 concern or provide a statement of the reasons for not resolving 128 the concern. 129 b. If a concern is not resolved by the school district, a 130 parent may: 131 (I) Request the Commissioner of Education to appoint a 132 special magistrate who is a member of The Florida Bar in good 133 standing and who has at least 5 years' experience in 134 administrative law. The special magistrate shall determine facts 135 relating to the dispute over the school district procedure or 136 practice, consider information provided by the school district, 137 and render a recommended decision for resolution to the State 138 Board of Education within 30 days after receipt of the request 139 by the parent. The State Board of Education must approve or 140 reject the recommended decision at its next regularly scheduled 141 meeting that is more than 7 calendar days and no more than 30 142 days after the date the recommended decision is transmitted. The 143 costs of the special magistrate shall be borne by the school 144 district. The State Board of Education shall adopt rules, 145 including forms, necessary to implement this subparagraph. 146 (II) Bring an action against the school district to obtain 147 a declaratory judgment that the school district procedure or 148 practice violates this paragraph and seek injunctive relief. A 149 court may award damages and shall award reasonable attorney fees 150 and court costs to a parent who receives declaratory or injunctive relief. 152 c. Each school district shall adopt policies to notify 153 parents of the procedures required under this subparagraph. 154 d. Nothing contained in this subparagraph shall be 155 construed to abridge or alter rights of action or remedies in 156 equity already existing under the common law or general law. 157 Section 2. By June 30, 2023, the Department of Education 158 shall review and update, as necessary, school counseling 159 frameworks and standards; educator practices and professional 160 conduct principles; and any other student services personnel 161 guidelines, standards, or frameworks in accordance with the 162 requirements of this act. 163 Section 3. This act shall take effect July 1, 2022.