Florida Senate - 2011                                    SB 1492
       
       
       
       By Senator Flores
       
       
       
       
       38-01206D-11                                          20111492__
    1                        A bill to be entitled                      
    2         An act relating to public school instruction; amending
    3         s. 1002.23, F.S.; requiring Department of Education
    4         guidelines for the school district parent guide to
    5         include information regarding required parental
    6         permission for certain instruction; authorizing a
    7         school district to include a parental consent form in
    8         the parent guide; amending s. 1003.42, F.S.; revising
    9         required instruction relating to comprehensive health
   10         education; specifying that a student needs parental
   11         permission to be taught reproductive health or
   12         sexually transmitted disease education; amending ss.
   13         1002.20 and 1006.148, F.S.; conforming provisions and
   14         a cross-reference to changes made by the act;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (2) and (7) of section 1002.23,
   20  Florida Statutes, are amended to read:
   21         1002.23 Family and School Partnership for Student
   22  Achievement Act.—
   23         (2) To facilitate meaningful parent and family involvement,
   24  the Department of Education shall develop guidelines for a
   25  parent guide to successful student achievement which describes
   26  what parents need to know about their child’s educational
   27  progress and how they can help their child to succeed in school.
   28  The guidelines shall include, but need not be limited to:
   29         (a) Parental information regarding:
   30         1. Requirements for their child to be promoted to the next
   31  grade, as provided for in s. 1008.25;
   32         2. Progress of their child toward achieving state and
   33  district expectations for academic proficiency;
   34         3. Assessment results, including report cards and progress
   35  reports;
   36         4. Qualifications of their child’s teachers; and
   37         5. School entry requirements, including required
   38  immunizations and the recommended immunization schedule;
   39         (b) Services available for parents and their children, such
   40  as family literacy services; mentoring, tutorial, and other
   41  academic reinforcement programs; college planning, academic
   42  advisement, and student counseling services; and after-school
   43  programs;
   44         (c) Opportunities for parental participation, such as
   45  parenting classes, adult education, school advisory councils,
   46  and school volunteer programs;
   47         (d) Opportunities for parents to learn about rigorous
   48  academic programs that may be available for their child, such as
   49  honors programs, dual enrollment, advanced placement,
   50  International Baccalaureate, International General Certificate
   51  of Secondary Education (pre-AICE), Advanced International
   52  Certificate of Education, Florida Virtual High School courses,
   53  and accelerated access to postsecondary education;
   54         (e) Educational choices, as provided for in s. 1002.20(6),
   55  and Florida tax credit scholarships, as provided for in s.
   56  1002.395;
   57         (f) Classroom and test accommodations available for
   58  students with disabilities;
   59         (g) School board rules, policies, and procedures for
   60  student promotion and retention, academic standards, student
   61  assessment, courses of study, instructional materials, and
   62  contact information for school and district offices; and
   63         (h) Resources for information on student health and other
   64  available resources for parents; and
   65         (i) Notification that parental permission is required for
   66  student participation in reproductive health or sexually
   67  transmitted disease education, including HIV/AIDS instruction.
   68         (7) Each school district shall develop and disseminate a
   69  parent guide to successful student achievement, consistent with
   70  the guidelines of the Department of Education, which addresses
   71  what parents need to know about their child’s educational
   72  progress and how parents can help their child to succeed in
   73  school. The guide may include a consent form by which a parent
   74  gives permission for his or her child to participate in
   75  reproductive health or sexually transmitted disease education,
   76  including HIV/AIDS instruction, as required in s. 1003.42(3).
   77  The guide must:
   78         (a) Be understandable to students and parents;
   79         (b) Be distributed to all parents, students, and school
   80  personnel at the beginning of each school year;
   81         (c) Be discussed at the beginning of each school year in
   82  meetings of students, parents, and teachers;
   83         (d) Include information concerning services, opportunities,
   84  choices, academic standards, and student assessment; and
   85         (e) Provide information on the importance of student health
   86  and available immunizations and vaccinations, including, but not
   87  limited to:
   88         1. A recommended immunization schedule in accordance with
   89  United States Centers for Disease Control and Prevention
   90  recommendations.
   91         2. Detailed information regarding the causes, symptoms, and
   92  transmission of meningococcal disease and the availability,
   93  effectiveness, known contraindications, and appropriate age for
   94  the administration of any required or recommended vaccine
   95  against meningococcal disease, in accordance with the
   96  recommendations of the Advisory Committee on Immunization
   97  Practices of the United States Centers for Disease Control and
   98  Prevention.
   99  
  100  The parent guide may be included as a part of the code of
  101  student conduct that is required in s. 1006.07(2).
  102         Section 2. Paragraphs (j) through (t) of subsection (2) and
  103  subsection (3) of section 1003.42, Florida Statutes, are amended
  104  to read:
  105         1003.42 Required instruction.—
  106         (2) Members of the instructional staff of the public
  107  schools, subject to the rules of the State Board of Education
  108  and the district school board, shall teach efficiently and
  109  faithfully, using the books and materials required that meet the
  110  highest standards for professionalism and historic accuracy,
  111  following the prescribed courses of study, and employing
  112  approved methods of instruction, the following:
  113         (j) The true effects of all alcoholic and intoxicating
  114  liquors and beverages and narcotics upon the human body and
  115  mind.
  116         (j)(k) Kindness to animals.
  117         (k)(l) The history of the state.
  118         (l)(m) The conservation of natural resources.
  119         (m)(n) Comprehensive health education that addresses the
  120  importance of nutrition, physical fitness, and the destructive
  121  effects of substance abuse and alcohol; emphasizes the
  122  interconnection between physical well-being and mental and
  123  emotional health; and addresses concepts of community health;
  124  consumer health; environmental health; family life, including an
  125  awareness of the benefits of sexual abstinence as the expected
  126  standard and the consequences of teenage pregnancy; mental and
  127  emotional health; injury prevention and safety; nutrition;
  128  personal health; prevention and control of disease; and
  129  substance use and abuse. The health education curriculum for
  130  students in grades 7 through 12 shall include a teen dating
  131  violence and abuse component that includes, but is not limited
  132  to, the definition of dating violence and abuse, the warning
  133  signs of dating violence and abusive behavior, the
  134  characteristics of healthy relationships, measures to prevent
  135  and stop dating violence and abuse, and community resources
  136  available to victims of dating violence and abuse.
  137         (n)(o) Such additional materials, subjects, courses, or
  138  fields in such grades as are prescribed by law or by rules of
  139  the State Board of Education and the district school board in
  140  fulfilling the requirements of law.
  141         (o)(p) The study of Hispanic contributions to the United
  142  States.
  143         (p)(q) The study of women’s contributions to the United
  144  States.
  145         (q)(r) The nature and importance of free enterprise to the
  146  United States economy.
  147         (r)(s) A character-development program in the elementary
  148  schools, similar to Character First or Character Counts, which
  149  is secular in nature. Beginning in school year 2004-2005, the
  150  character-development program shall be required in kindergarten
  151  through grade 12. Each district school board shall develop or
  152  adopt a curriculum for the character-development program that
  153  shall be submitted to the department for approval. The
  154  character-development curriculum shall stress the qualities of
  155  patriotism; responsibility; citizenship; kindness; respect for
  156  authority, life, liberty, and personal property; honesty;
  157  charity; self-control; racial, ethnic, and religious tolerance;
  158  and cooperation.
  159         (s)(t) In order to encourage patriotism, the sacrifices
  160  that veterans have made in serving our country and protecting
  161  democratic values worldwide. Such instruction must occur on or
  162  before Veterans’ Day and Memorial Day. Members of the
  163  instructional staff are encouraged to use the assistance of
  164  local veterans when practicable.
  165  
  166  The State Board of Education is encouraged to adopt standards
  167  and pursue assessment of the requirements of this subsection.
  168         (3) Each Any student must be given parental permission to
  169  be taught whose parent makes written request to the school
  170  principal shall be exempted from the teaching of reproductive
  171  health or sexually transmitted any disease education, including
  172  HIV/AIDS instruction, its symptoms, development, and treatment.
  173  A student who does not receive parental permission so exempted
  174  may not be penalized by reason of lack of permission that
  175  exemption. In order to ensure adequate notification to a parent,
  176  a school district may include a parental consent form in the
  177  district parent guide required pursuant to s. 1002.23(7). Course
  178  descriptions for comprehensive health education shall not
  179  interfere with the local determination of appropriate curriculum
  180  which reflects local values and concerns.
  181         Section 3. Paragraph (d) of subsection (3) of section
  182  1002.20, Florida Statutes, is amended to read:
  183         1002.20 K-12 student and parent rights.—Parents of public
  184  school students must receive accurate and timely information
  185  regarding their child’s academic progress and must be informed
  186  of ways they can help their child to succeed in school. K-12
  187  students and their parents are afforded numerous statutory
  188  rights including, but not limited to, the following:
  189         (3) HEALTH ISSUES.—
  190         (d) Reproductive health and disease education.—A public
  191  school student must be given parental permission to be taught
  192  whose parent makes written request to the school principal shall
  193  be exempted from the teaching of reproductive health or sexually
  194  transmitted any disease education, including HIV/AIDS
  195  instruction, in accordance with the provisions of s. 1003.42(3).
  196         Section 4. Paragraph (c) of subsection (1) of section
  197  1006.148, Florida Statutes, is amended to read:
  198         1006.148 Dating violence and abuse prohibited.—
  199         (1) Each district school board shall adopt and implement a
  200  dating violence and abuse policy. The policy shall:
  201         (c) Define dating violence and abuse and provide for a teen
  202  dating violence and abuse component in the health education
  203  curriculum, according to s. 1003.42(2)(m)(n), with emphasis on
  204  prevention education.
  205         Section 5. This act shall take effect July 1, 2011.