Senate Bill sb2286

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    Florida Senate - 2006                                  SB 2286

    By Senator Crist





    12-1378-06

  1                      A bill to be entitled

  2         An act relating to exceptional student

  3         evaluation; amending s. 1003.57, F.S.;

  4         requiring consent by a parent before his or her

  5         child's evaluation for an emotional,

  6         behavioral, or mental disorder, a specific

  7         learning disability, or other health

  8         impairment; specifying the contents of a

  9         statement that must be signed by a parent;

10         providing an effective date.

11  

12         WHEREAS, the Individuals with Disabilities in Education

13  Act (IDEA), 20 U.S.C. s. 1414(a)(1)(C)(i), which was first

14  enacted in 1975 and provides for equal access to education for

15  every disabled child, requires that every child referred for

16  exceptional education programs first be evaluated by the

17  school and requires that each state "shall obtain informed

18  consent from the parent of such child before evaluation is

19  conducted," and

20         WHEREAS, rule 6A-6.03311(1)-(3), Florida Administrative

21  Code, entitled "Exceptional Student Education Rules," which

22  implements IDEA, requires that before a student may be

23  evaluated, the parent must be "fully informed of all

24  information relevant to the activity for which consent is

25  sought," that "consent describes the activity," that it must

26  be "informed parental consent," and that the parent must also

27  be informed of "procedural safeguards," and

28         WHEREAS, the legal definition of "informed consent"

29  means, "A person's agreement to allow something to happen,

30  made with full knowledge of the risks involved and the

31  alternatives," and

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    Florida Senate - 2006                                  SB 2286
    12-1378-06




 1         WHEREAS, in practice, school districts throughout this

 2  state provide information only on the parent's due process

 3  rights and should provide information to parents on the risks

 4  or alternatives to the evaluation process and the potential

 5  consequences of evaluation, including likely courses of

 6  treatment, NOW, THEREFORE,

 7  

 8  Be It Enacted by the Legislature of the State of Florida:

 9  

10         Section 1.  Subsection (8) is added to section 1003.57,

11  Florida Statutes, to read:

12         1003.57  Exceptional students instruction.--Each

13  district school board shall provide for an appropriate program

14  of special instruction, facilities, and services for

15  exceptional students as prescribed by the State Board of

16  Education as acceptable, including provisions that:

17         (8)  Before a public school student may be evaluated

18  for an emotional, behavioral, or mental disorder, a specific

19  learning disability, or other health impairment, including

20  psychological or psychiatric evaluation, the parent of such

21  student must be fully informed of all known and potential

22  consequences of and alternatives for such evaluation and

23  acknowledge and sign the following statement:

24  

25         I understand that my child has been referred to

26         be evaluated for an emotional, behavioral, or

27         mental disorder, a specific learning

28         disability, or other health impairment, that

29         may lead to psychological or psychiatric

30         evaluation. The evaluation may ultimately

31         result in the diagnosis of a "mental disorder"

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    Florida Senate - 2006                                  SB 2286
    12-1378-06




 1         or "syndrome" which is based on the observation

 2         and subjective interpretation of my child's

 3         behavior as reported by teachers,

 4         psychologists, psychiatrists, or others.

 5  

 6         I understand that, unlike most medical

 7         diagnostic methods, a diagnosis of mental

 8         disorder or syndrome, including, but not

 9         limited to, attention deficit hyperactivity

10         disorder (ADHD), bipolar disorder, and

11         depression, is not based on any medical test,

12         such as a brain scan, chemical imbalance test,

13         Xray, biopsy, blood test, or urinalysis, that

14         can scientifically detect a physical

15         abnormality in an infant, child, adolescent, or

16         adult.

17  

18         I understand that if my child is diagnosed or

19         labeled with any mental disorder or syndrome,

20         treatment may include prescriptions for

21         psychotropic or psychiatric medications, such

22         as antidepressants or stimulants, which may

23         have side effects and uncertain effectiveness.

24         Most antidepressants are not approved for

25         children by the Food and Drug Administration,

26         and all antidepressants contain warnings of

27         suicide risk. The Food and Drug Administration

28         has also issued warnings that stimulants often

29         prescribed for children may cause suicidal and

30         psychotic behavior or sudden death due to heart

31         failure.

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    Florida Senate - 2006                                  SB 2286
    12-1378-06




 1  

 2         I understand that I have the right to be

 3         informed of all the known side effects of any

 4         recommended drug, including the current

 5         information concerning the drug in the

 6         Physicians' Desk Reference.

 7  

 8         I understand that I may request full

 9         information on the short-term and long-term

10         benefits and risks of a drug, any interactions

11         the drug has with other medications, the length

12         of time my child will need to take the drug,

13         and all of the up-to-date accumulation of

14         adverse reaction reports of the drug from the

15         FDA. I understand that psychotropic or

16         psychiatric drugs may be addictive and could

17         cause dependency.

18  

19         I understand that physical problems such as

20         poor nutrition, exposure to toxins, including

21         lead poisoning, or allergies and other medical

22         conditions can cause emotional, behavioral, or

23         mental symptoms and that these causes may be

24         detectible through medical examination,

25         including, but not limited to, blood testing.

26  

27         I understand that there are alternatives to

28         psychotropic or psychiatric drug treatment and

29         that I should ask the evaluation personnel and

30         my physician about such alternatives. I

31  

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    Florida Senate - 2006                                  SB 2286
    12-1378-06




 1         understand that it is my responsibility to make

 2         an informed decision on behalf of my child.

 3  

 4         I acknowledge that I have read and understood

 5         the above information and, based on my

 6         understanding, I hereby:

 7  

 8              (1)  Give my full and informed consent for

 9         my child to undergo evaluation for an

10         emotional, behavioral, or mental disorder, a

11         specific learning disability, or other health

12         impairment.

13  

14         ...(Signature of Parent)...

15  

16              (2)  Do not give my consent for my child

17         to undergo evaluation for an emotional,

18         behavioral, or mental disorder, a specific

19         learning disability, or other health

20         impairment.

21  

22         ...(Signature of Parent)...

23  

24         Section 2.  This act shall take effect July 1, 2006.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Requires consent by a parent before his or her child is
      evaluated for an emotional, behavioral, mental disorder,
29    a specific learning disability, or other health
      impairment. Specifies the contents of a statement that
30    must be signed by the parent.

31  

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