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A bill to be entitled

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An act relating to school-entry health and vision

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examinations; amending s. 1003.22, F.S.; requiring

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children who enter public or private schools in the state

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to present evidence of having received a comprehensive

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vision examination; providing an exemption; amending ss.

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1002.20 and 1002.42, F.S.; conforming provisions;

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providing for the imposition of a fee on the retail sale

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of nonprescription eyeglasses; providing for collection of

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fees and remittance to the Department of Health to assist

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parents in paying for school-entry comprehensive vision

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examinations; requiring rules for eligibility for and

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distribution of funds; providing effective dates.

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

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     Section 1.  Effective July 1, 2009, section 1003.22, Florida

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Statutes, is amended to read:

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     1003.22 School-entry health and vision examinations;

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immunization against communicable diseases; exemptions; duties of

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Department of Health.--

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     (1)  Each district school board and the governing authority

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of each private school shall require that each child who is

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entitled to admittance to kindergarten, or is entitled to any

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other initial entrance into a public or private school in this

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state, present a certification of a school-entry health

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examination and a certification of a school-entry comprehensive

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vision examination by an optometrist licensed under chapter 463

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or an ophthalmologist licensed under chapter 458 or chapter 459,

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or an optometrist or an ophthalmologist licensed in any other

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state in which the requirements for licensure are equivalent to

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or more stringent than those in this state, performed within 1

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year prior to enrollment in school. Each district school board,

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and the governing authority of each private school, may establish

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a policy that permits a student up to 30 school days to present a

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certification of a school-entry health examination and up to 120

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days to present a certification of a school-entry comprehensive

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vision examination. A homeless child, as defined in s. 1003.01,

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shall be given a temporary exemption for 30 school days. Any

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district school board that establishes such a policy shall

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include provisions in its local school health services plan to

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assist students in obtaining the health and vision examinations.

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However, any child shall be exempt from the requirement of a

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health examination or a vision examination upon written request

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of the parent of the child stating objections to the examination

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on religious grounds.

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     (2)  The State Board of Education, subject to the

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concurrence of the Department of Health, shall adopt rules to

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govern medical examinations and immunizations performed under

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this section.

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     (3)  The Department of Health may adopt rules necessary to

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administer and enforce this section. The Department of Health,

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after consultation with the Department of Education, shall adopt

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rules governing the immunization of children against, the testing

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for, and the control of preventable communicable diseases. The

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rules must include procedures for exempting a child from

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immunization requirements. Immunizations shall be required for

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poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps,

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tetanus, and other communicable diseases as determined by rules

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of the Department of Health.  The manner and frequency of

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administration of the immunization or testing shall conform to

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recognized standards of medical practice.  The Department of

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Health shall supervise and secure the enforcement of the required

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immunization. Immunizations required by this section shall be

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available at no cost from the county health departments.

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     (4)  Each district school board and the governing authority

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of each private school shall establish and enforce as policy

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that, prior to admittance to or attendance in a public or private

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school, grades kindergarten through 12, or any other initial

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entrance into a Florida public or private school, each child

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present or have on file with the school a certification of

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immunization for the prevention of those communicable diseases

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for which immunization is required by the Department of Health

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and further shall provide for appropriate screening of its

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students for scoliosis at the proper age. Such certification

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shall be made on forms approved and provided by the Department of

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Health and shall become a part of each student's permanent

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record, to be transferred when the student transfers, is

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promoted, or changes schools. The transfer of such immunization

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certification by Florida public schools shall be accomplished

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using the Florida Automated System for Transferring Education

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Records and shall be deemed to meet the requirements of this

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section.

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     (5)  The provisions of this section shall not apply if:

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     (a)  The parent of the child objects in writing that the

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administration of immunizing agents conflicts with his or her

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religious tenets or practices;

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     (b) A physician licensed under the provisions of chapter

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458 or chapter 459 certifies in writing, on a form approved and

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provided by the Department of Health, that the child should be

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permanently exempt from the required immunization for medical

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reasons stated in writing, based upon valid clinical reasoning or

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evidence, demonstrating the need for the permanent exemption;

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     (c) A physician licensed under the provisions of chapter

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458, chapter 459, or chapter 460 certifies in writing, on a form

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approved and provided by the Department of Health, that the child

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has received as many immunizations as are medically indicated at

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the time and is in the process of completing necessary

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immunizations;

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     (d)  The Department of Health determines that, according to

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recognized standards of medical practice, any required

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immunization is unnecessary or hazardous; or

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     (e)  An authorized school official issues a temporary

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exemption, for a period not to exceed 30 school days, to permit a

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student who transfers into a new county to attend class until his

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or her records can be obtained. A homeless child, as defined in

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s. 1003.01, shall be given a temporary exemption for 30 school

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days. The public school health nurse or authorized private school

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official is responsible for followup of each such student until

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proper documentation or immunizations are obtained. An exemption

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for 30 days may be issued for a student who enters a juvenile

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justice program to permit the student to attend class until his

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or her records can be obtained or until the immunizations can be

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obtained. An authorized juvenile justice official is responsible

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for followup of each student who enters a juvenile justice

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program until proper documentation or immunizations are obtained.

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     (6)(a)  No person licensed by this state as a physician or

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nurse shall be liable for any injury caused by his or her action

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or failure to act in the administration of a vaccine or other

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immunizing agent pursuant to the provisions of this section if

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the person acts as a reasonably prudent person with similar

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professional training would have acted under the same or similar

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circumstances.

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     (b)  No member of a district school board, or any of its

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employees, or member of a governing board of a private school, or

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any of its employees, shall be liable for any injury caused by

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the administration of a vaccine to any student who is required to

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be so immunized or for a failure to diagnose scoliosis pursuant

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to the provisions of this section.

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     (7)  The parents of any child admitted to or in attendance

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at a Florida public or private school, grades prekindergarten

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through 12, are responsible for assuring that the child is in

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compliance with the provisions of this section.

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     (8)  Each public school, including public kindergarten, and

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each private school, including private kindergarten, shall be

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required to provide to the county health department director or

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administrator annual reports of compliance with the provisions of

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this section. Reports shall be completed on forms provided by the

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Department of Health for each kindergarten, and other grade as

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specified; and the reports shall include the status of children

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who were admitted at the beginning of the school year. After

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consultation with the Department of Education, the Department of

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Health shall establish by administrative rule the dates for

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submission of these reports, the grades for which the reports

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shall be required, and the forms to be used.

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     (9)  The presence of any of the communicable diseases for

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which immunization is required by the Department of Health in a

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Florida public or private school shall permit the county health

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department director or administrator or the State Health Officer

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to declare a communicable disease emergency. The declaration of

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such emergency shall mandate that all students in attendance in

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the school who are not in compliance with the provisions of this

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section be identified by the district school board or by the

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governing authority of the private school; and the school health

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and immunization records of such children shall be made available

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to the county health department director or administrator. Those

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children identified as not being immunized against the disease

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for which the emergency has been declared shall be temporarily

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excluded from school by the district school board, or the

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governing authority of the private school, until such time as is

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specified by the county health department director or

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administrator.

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     (10)  Each district school board and the governing authority

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of each private school shall:

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     (a)  Refuse admittance to any child otherwise entitled to

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admittance to kindergarten, or any other initial entrance into a

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Florida public or private school, who is not in compliance with

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the provisions of subsection (4).

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     (b)  Temporarily exclude from attendance any student who is

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not in compliance with the provisions of subsection (4).

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     (11)  The provisions of this section do not apply to those

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persons admitted to or attending adult education classes unless

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the adult students are under 21 years of age.

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     Section 2.  Effective July 1, 2009, paragraph (a) of

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subsection (3) of section 1002.20, Florida Statutes, is amended

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to read:

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     1002.20  K-12 student and parent rights.--Parents of public

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school students must receive accurate and timely information

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regarding their child's academic progress and must be informed of

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ways they can help their child to succeed in school. K-12

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students and their parents are afforded numerous statutory rights

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including, but not limited to, the following:

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     (3)  HEALTH ISSUES.--

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     (a) School-entry health and vision examinations.--The

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parent of any child attending a public or private school shall be

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exempt from the requirement of a health examination or a vision

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examination upon written request stating objections on religious

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grounds in accordance with the provisions of s. 1003.22(1) and

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(2).

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     Section 3.  Effective July 1, 2009, subsection (5) of

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section 1002.42, Florida Statutes, is amended to read:

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     1002.42  Private schools.--

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     (5) SCHOOL-ENTRY HEALTH AND VISION EXAMINATIONS.--The

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governing authority of each private school shall require students

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to present a certification of a school-entry health examination

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and a certification of a school-entry comprehensive vision

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examination in accordance with the provisions of s. 1003.22(1)

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and (2).

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     Section 4. Notwithstanding any other provision of law and

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in addition to the sales tax imposed under chapter 212, Florida

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Statutes, a 25-cent fee shall be imposed on the retail sale of

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nonprescription eyeglasses. Such fee shall be collected by the

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dealer and remitted to the Department of Health for the purpose

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of providing funds to parents in need of financial assistance to

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pay for the school-entry comprehensive vision examination

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required under s. 1003.22(1), Florida Statutes. Fees imposed

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pursuant to this section shall be deposited in a separate account

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in the Department of Health Administrative Trust Fund. The

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Department of Health shall adopt rules relating to eligibility

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for and distribution of such funds.

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     Section 5.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008.