Text of FL HB 1557 (2022)

HB 1557 2022 CODING: Words stricken are deletions; words underlined are additions. hb1557-00 Page 1 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to parental rights in education; 2 amending s. 1001.42, F.S.; requiring district school 3 boards to adopt procedures that comport with certain 4 provisions of law for notifying a student's parent of 5 specified information; requiring such procedures to 6 reinforce the fundamental right of parents to make 7 decisions regarding the upbringing and control of 8 their children in a specified manner; prohibiting the 9 procedures from prohibiting a parent from accessing 10 certain records; providing construction; prohibiting a 11 school district from adopting procedures or student 12 support forms that require school district personnel 13 to withhold from a parent specified information or 14 that encourage or have the effect of encouraging a 15 student to withhold from a parent such information; 16 providing an exception; prohibiting school district 17 personnel from discouraging or prohibiting parental 18 notification and involvement in critical decisions 19 affecting a student's mental, emotional, or physical 20 well-being; prohibiting a school district from 21 encouraging classroom discussion about sexual 22 orientation or gender identity in primary grade levels 23 or in a specified manner; authorizing a parent to 24 bring an action against a school district to obtain a 25 HB 1557 2022 CODING: Words stricken are deletions; words underlined are additions. hb1557-00 Page 2 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S declaratory judgment that a school district procedure 26 or practice violates certain provisions of law; 27 providing for the additional award of injunctive 28 relief, damages, and reasonable attorney fees and 29 court costs to certain parents; requiring certain 30 training developed or provided by a school district to 31 adhere to standards established by the Department of 32 Education; requiring the department to review and 33 update, as necessary, specified materials by a certain 34 date; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Paragraph (c) is added to subsection (8) of 39 section 1001.42, Florida Statutes, to read: 40 1001.42 Powers and duties of district school board.—The 41 district school board, acting as a board, shall exercise all 42 powers and perform all duties listed below: 43 (8) STUDENT WELFARE.— 44 (c)1. In accordance with the rights of parents enumerated 45 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 46 student's parent if there is a change in the student's services 47 or monitoring related to the student's mental, emotional, or 48 physical health or well-being and the school's ability to 49 provide a safe and supportive learning environment for the 50 HB 1557 2022 CODING: Words stricken are deletions; words underlined are additions. hb1557-00 Page 3 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S student. The procedures must reinforce the fundamental right of 51 parents to make decisions regarding the upbringing and control 52 of their children by requiring school district personnel to 53 encourage a student to discuss issues relating to his or her 54 well-being with his or her parent or to seek permission to 55 discuss or facilitate discussion of the issue with the parent. 56 The procedures must comply with s. 1002.22(2) and may not 57 prohibit a parent from accessing any of his or her minor child's 58 education records created, maintained, or used by the school 59 district. This paragraph does not limit or alter any obligation 60 of school district personnel to report suspected abuse, 61 abandonment, or neglect, as those terms are defined in s. 39.01. 62 2. A school district may not adopt procedures or student 63 support forms that require school district personnel to withhold 64 from a parent information about his or her student's mental, 65 emotional, or physical health or well-being, or a change in 66 related services or monitoring, or that encourage or have the 67 effect of encouraging a student to withhold from a parent such 68 information, unless a reasonably prudent person would believe 69 that such disclosure would result in abuse, abandonment, or 70 neglect, as those terms are defined in s. 39.01. School district 71 personnel may not discourage or prohibit parental notification 72 of and involvement in critical decisions affecting a student's 73 mental, emotional, or physical health or well-being. 74 3. A school district may not encourage classroom 75 HB 1557 2022 CODING: Words stricken are deletions; words underlined are additions. hb1557-00 Page 4 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S discussion about sexual orientation or gender identity in 76 primary grade levels or in a manner that is not age-appropriate 77 or developmentally appropriate for students. 78 4. A parent of a student may bring an action against a 79 school district to obtain a declaratory judgment that a school 80 district procedure or practice violates this paragraph and seek 81 injunctive relief. A court may award damages and shall award 82 reasonable attorney fees and court costs to a parent who 83 receives declaratory or injunctive relief. 84 5. Student support services training developed or provided 85 by a school district to school district personnel must adhere to 86 student services guidelines, standards, and frameworks 87 established by the Department of Education. 88 Section 2. By June 30, 2023, the Department of Education 89 shall review and update, as necessary, school counseling 90 frameworks and standards; educator practices and professional 91 conduct principles; and any other student services personnel 92 guidelines, standards, or frameworks in accordance with the 93 requirements of this act. 94 Section 3. This act shall take effect July 1, 2022. 95

ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 1 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1 An act relating to parental rights in education; 2 amending s. 1001.42, F.S.; requiring district school 3 boards to adopt procedures that comport with certain 4 provisions of law for notifying a student's parent of 5 specified information; requiring such procedures to 6 reinforce the fundamental right of parents to make 7 decisions regarding the upbringing and control of 8 their children in a specified manner; prohibiting the 9 procedures from prohibiting a parent from accessing 10 certain records; providing construction; prohibiting a 11 school district from adopting procedures or student 12 support forms that prohibit school district personnel 13 from notifying a parent about specified information or 14 that encourage or have the effect of encouraging a 15 student to withhold from a parent such information; 16 prohibiting school district personnel from 17 discouraging or prohibiting parental notification and 18 involvement in critical decisions affecting a 19 student's mental, emotional, or physical well-being; 20 providing construction; prohibiting classroom 21 discussion about sexual orientation or gender identity 22 in certain grade levels or in a specified manner; 23 requiring certain training developed or provided by a 24 school district to adhere to standards established by 25 ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 2 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the Department of Education; requiring school 26 districts to notify parents of healthcare services and 27 provide parents the opportunity to consent or decline 28 such services; providing that a specified parental 29 consent does not wave certain parental rights; 30 requiring school districts to provide parents with 31 certain questionnaires or health screening forms and 32 obtain parental permission before administering such 33 questionnaires and forms; requiring school districts 34 to adopt certain procedures for resolving specified 35 parental concerns; requiring resolution within a 36 specified timeframe; requiring the Commissioner of 37 Education to appoint a special magistrate for 38 unresolved concerns; providing requirements for the 39 special magistrate; requiring the State Board of 40 Education to approve or reject the special 41 magistrate's recommendation within specified 42 timeframe; requiring school districts to bear the 43 costs of the special magistrate; requiring the State 44 Board of Education to adopt rules; providing 45 requirements for such rules; authorizing a parent to 46 bring an action against a school district to obtain a 47 declaratory judgment that a school district procedure 48 or practice violates certain provisions of law; 49 providing for the additional award of injunctive 50 ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 3 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S relief, damages, and reasonable attorney fees and 51 court costs to certain parents; requiring school 52 district to adopt policies to notify parents of 53 certain rights; providing construction; requiring the 54 department to review and update, as necessary, 55 specified materials by a certain date; providing an 56 effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Paragraph (c) is added to subsection (8) of 61 section 1001.42, Florida Statutes, to read: 62 1001.42 Powers and duties of district school board.—The 63 district school board, acting as a board, shall exercise all 64 powers and perform all duties listed below: 65 (8) STUDENT WELFARE.— 66 (c)1. In accordance with the rights of parents enumerated 67 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 68 student's parent if there is a change in the student's services 69 or monitoring related to the student's mental, emotional, or 70 physical health or well-being and the school's ability to 71 provide a safe and supportive learning environment for the 72 student. The procedures must reinforce the fundamental right of 73 parents to make decisions regarding the upbringing and control 74 of their children by requiring school district personnel to 75 ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 4 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S encourage a student to discuss issues relating to his or her 76 well-being with his or her parent or to facilitate discussion of 77 the issue with the parent. The procedures may not prohibit 78 parents from accessing any of their student's education and 79 health records created, maintained, or used by the school 80 district, as required by s. 1002.22(2). 81 2. A school district may not adopt procedures or student 82 support forms that prohibit school district personnel from 83 notifying a parent about his or her student's mental, emotional, 84 or physical health or well-being, or a change in related 85 services or monitoring, or that encourage or have the effect of 86 encouraging a student to withhold from a parent such 87 information. School district personnel may not discourage or 88 prohibit parental notification of and involvement in critical 89 decisions affecting a student's mental, emotional, or physical 90 health or well-being. This subparagraph does not prohibit a 91 school district from adopting procedures that permit school 92 personnel to withhold such information from a parent if a 93 reasonably prudent person would believe that disclosure would 94 result in abuse, abandonment, or neglect, as those terms are 95 defined in s. 39.01. 96 3. Classroom instruction by school personnel or third 97 parties on sexual orientation or gender identity may not occur 98 in kindergarten through grade 3 or in a manner that is not age- 99 appropriate or developmentally appropriate for students in 100 ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 5 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S accordance with state standards. 101 4. Student support services training developed or provided 102 by a school district to school district personnel must adhere to 103 student services guidelines, standards, and frameworks 104 established by the Department of Education. 105 5. At the beginning of the school year, each school 106 district shall notify parents of each healthcare service offered 107 at their student's school and the option to withhold consent or 108 decline any specific service. Parental consent to a health care 109 service does not waive the parent's right to access his or her 110 student's educational or health records or to be notified about 111 a change in his or her student's services or monitoring as 112 provided by this paragraph. 113 6. Before administering a student well-being questionnaire 114 or health screening form to a student in kindergarten through 115 grade 3, the school district must provide the questionnaire or 116 health screening form to the parent and obtain the permission of 117 the parent. 118 7. Each school district shall adopt procedures for a 119 parent to notify the principal, or his or her designee, 120 regarding concerns under this paragraph at his or her student's 121 school and the process for resolving those concerns within 7 122 calendar days after notification by the parent. 123 a. At a minimum, the procedures must require that within 124 30 days after notification by the parent that the concern 125 ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 6 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S remains unresolved, the school district must either resolve the 126 concern or provide a statement of the reasons for not resolving 127 the concern. 128 b. If a concern is not resolved by the school district, a 129 parent may: 130 (I) Request the Commissioner of Education to appoint a 131 special magistrate who is a member of The Florida Bar in good 132 standing and who has at least 5 years' experience in 133 administrative law. The special magistrate shall determine facts 134 relating to the dispute over the school district procedure or 135 practice, consider information provided by the school district, 136 and render a recommended decision for resolution to the State 137 Board of Education within 30 days after receipt of the request 138 by the parent. The State Board of Education must approve or 139 reject the recommended decision at its next regularly scheduled 140 meeting that is more than 7 calendar days and no more than 30 141 days after the date the recommended decision is transmitted. The 142 costs of the special magistrate shall be borne by the school 143 district. The State Board of Education shall adopt rules, 144 including forms, necessary to implement this subparagraph. 145 (II) Bring an action against the school district to obtain 146 a declaratory judgment that the school district procedure or 147 practice violates this paragraph and seek injunctive relief. A 148 court may award damages and shall award reasonable attorney fees 149 and court costs to a parent who receives declaratory or 150 ENROLLED CS/CS/HB 1557, Engrossed 1 2022 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1557-04-er Page 7 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S injunctive relief. 151 c. Each school district shall adopt policies to notify 152 parents of the procedures required under this subparagraph. 153 d. Nothing contained in this subparagraph shall be 154 construed to abridge or alter rights of action or remedies in 155 equity already existing under the common law or general law. 156 Section 2. By June 30, 2023, the Department of Education 157 shall review and update, as necessary, school counseling 158 frameworks and standards; educator practices and professional 159 conduct principles; and any other student services personnel 160 guidelines, standards, or frameworks in accordance with the 161 requirements of this act. 162 Section 3. This act shall take effect July 1, 2022. 163