Senate Bill sb0780c1

    Florida Senate - 2001                            CS for SB 780

    By the Committee on Education and Senator Dawson





    304-1498-01

  1                      A bill to be entitled

  2         An act relating to parental consent; amending

  3         s. 232.465, F.S.; providing that a student is

  4         exempt from certain services under the school

  5         health services program if his or her parent or

  6         guardian requests such an exemption in writing;

  7         amending s. 234.02, F.S.; limiting

  8         transportation of a student to a medical

  9         treatment facility without parental consent;

10         providing an effective date.

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

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14         Section 1.  Present subsection (5) of section 232.465,

15  Florida Statutes, is renumbered as subsection (6), and a new

16  subsection (5) is added to that section to read:

17         232.465  Provision of medical services; restrictions.--

18         (5)  Pursuant to s. 381.0056(7)(d), a student will be

19  exempt from any of the services provided under the school

20  health services program if his or her parent or guardian

21  requests such exemption in writing.

22         Section 2.  Paragraph (a) of subsection (2) and

23  subsection (8) of section 234.02, Florida Statutes, are

24  amended to read:

25         234.02  Safety and health of pupils.--Maximum regard

26  for safety and adequate protection of health are primary

27  requirements that must be observed by school boards in routing

28  buses, appointing drivers, and providing and operating

29  equipment, in accordance with all requirements of law and

30  regulations of the commissioner in providing transportation

31  pursuant to s. 234.01:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                            CS for SB 780
    304-1498-01




  1         (2)  Except as provided in subsection (1), school

  2  boards may authorize the transportation of students in

  3  privately owned motor vehicles on a case-by-case basis only in

  4  the following circumstances:

  5         (a)  When a student is ill or injured and must be taken

  6  home or to a medical treatment facility under nonemergency

  7  circumstances; and

  8         1.  The school has been unable to contact the student's

  9  parent or guardian or such parent, guardian, or responsible

10  adult designated by the parent or guardian is not available to

11  provide the transportation;

12         2.  Proper adult supervision of the student is

13  available at the location to which the student is being

14  transported;

15         3.  The transportation is approved by the school

16  principal, or a school administrator designated by the

17  principal to grant or deny such approval, or in the absence of

18  the principal and designee, by the highest ranking school

19  administrator or teacher available under the circumstances;

20  and

21         4.  If the school has been unable to contact the parent

22  or guardian prior to the transportation, the school continues

23  shall continue to attempt seek to contact the parent or

24  guardian until the school is able to notify the parent or

25  guardian of the transportation and the pertinent

26  circumstances.

27         (8)  Notwithstanding any other provision of this

28  section, in an emergency situation that constitutes an

29  imminent threat to student health or safety, school personnel

30  may take whatever action is necessary under the circumstances

31  to protect student health and safety; however, transportation

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                            CS for SB 780
    304-1498-01




  1  of a student in a school district vehicle or a privately owned

  2  vehicle to a medical treatment facility without parental

  3  consent is limited to those circumstances when immediate

  4  medical treatment is necessary for the health and safety of

  5  the student.

  6         Section 3.  This act shall take effect July 1, 2001.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                              SB 780

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11  The committee substitute deletes the requirements for
    administering nonprescription medication and designating the
12  school nurse to administer medication. The committee
    substitute also deletes language related to transporting an
13  ill or injured student to a medical treatment facility in an
    imminently life threatening situation.
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CODING: Words stricken are deletions; words underlined are additions.