Text of FL S 1834 (2022)

A bill to be entitled 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 require school district personnel to withhold from a parent specified information or that encourage or have the effect of encouraging a student to withhold from a parent such information; providing an exception; 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; prohibiting a school district from encouraging classroom discussion about sexual orientation or gender identity in primary grade levels or in a specified manner; 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 certain training developed or provided by a school district to adhere to standards established by the Department of Education; requiring the 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: Section 1. Paragraph (c) is added to subsection (8) of section 1001.42, Florida Statutes, to read: 1001.42 Powers and duties of district school board.—The district school board, acting as a board, shall exercise all powers and perform all duties listed below: (8) STUDENT WELFARE.— (c)1. In accordance with the rights of parents enumerated in ss. 1002.20 and 1014.04, adopt procedures for notifying a student’s parent if there is a change in the student’s services or monitoring related to the student’s mental, emotional, or physical health or well-being and the school’s ability to provide a safe and supportive learning environment for the student. The procedures must reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to seek permission to discuss or facilitate discussion of the issue with the parent. The procedures must comply with s. 1002.22(2) and may not prohibit a parent from accessing any of his or her minor child’s education records created, maintained, or used by the school district. This paragraph does not limit or alter any obligation of school district personnel to report suspected abuse, abandonment, or neglect, as those terms are defined in s. 39.01. 2. A school district may not adopt procedures or student support forms that require school district personnel to withhold from a parent information about his or her student’s mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information, unless a reasonably prudent person would believe that such disclosure would result in abuse, abandonment, or neglect, as those terms are defined in s. 39.01. School district personnel may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being. 3. A school district may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students. 4. A parent of a student may bring an action against a school district to obtain a declaratory judgment that a school district procedure or practice violates this paragraph and seek injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief. 5. Student support services training developed or provided by a school district to school district personnel must adhere to student services guidelines, standards, and frameworks established by the Department of Education. Section 2. By June 30, 2023, the Department of Education shall review and update, as necessary, school counseling frameworks and standards; educator practices and professional conduct principles; and any other student services personnel guidelines, standards, or frameworks in accordance with the requirements of this act. Section 3. This act shall take effect July 1, 2022.