Florida Senate - 2009 SB 146 By Senator Bullard 39-00243A-09 2009146__ 1 A bill to be entitled 2 An act relating to requirements for school entry; 3 amending s. 1003.22, F.S.; requiring children who 4 enter public or private schools in the state to 5 present evidence of having completed a class in 6 swimming life skills conducted by a certified 7 instructor; providing for certain exemptions from the 8 requirement; amending ss. 1002.20 and 1002.42, F.S., 9 relating to student and parent rights and requirements 10 for private schools; conforming provisions to changes 11 made by the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 1003.22, Florida Statutes, is amended to 16 read: 17 1003.22 School-entry health examinations and school-entry 18 classes in swimming life skills; immunization against 19 communicable diseases; exemptions; duties of Department of 20 Health.— 21 (1) Each district school board and the governing authority 22 of each private school shall require that each child who is 23 entitled to admittance to kindergarten, or is entitled to any 24 other initial entrance into a public or private school in this 25 state, present a certification of a school-entry health 26 examination performed within 1 year prior to enrollment in 27 school, and a certificate of having completed a school-entry 28 class in swimming life skills conducted by a swimming instructor 29 or lifeguard who is certified by the American Red Cross, the 30 Y.M.C.A., or other nationally recognized aquatic training 31 program. Each district school board, and the governing authority 32 of each private school, may establish a policy that permits a 33 student up to 30 school days to present a certification of a 34 school-entry health examination and up to 120 days to present a 35 certificate of completion of a school-entry class in swimming 36 life skills. A homeless child, as defined in s. 1003.01, shall 37 be given a temporary exemption for 30 school days. Any district 38 school board that establishes such a policy shall include 39 provisions in its local school health services plan to assist 40 students in obtaining the health examinations. However, any 41 child shall be exempt from the requirement of a health 42 examination or a class in swimming life skills upon written 43 request of the parent of the child stating objections to the 44 examination on religious grounds. Any child shall also be exempt 45 from the requirement to complete a class in swimming life skills 46 if a physician certifies in writing that the child should be 47 exempt from the required swimming class for medical reasons 48 based upon a valid clinical reason or evidence that demonstrates 49 the need for the exemption. An authorized school official may 50 issue a temporary exemption, for a period not to exceed 90 51 school days, so that a student who transfers from another state 52 may attend a class and obtain the certificate of completion or 53 until a student's records can be obtained. 54 (2) The State Board of Education, subject to the 55 concurrence of the Department of Health, shall adopt rules to 56 govern medical examinations and immunizations performed under 57 this section. 58 (3) The Department of Health may adopt rules necessary to 59 administer and enforce this section. The Department of Health, 60 after consultation with the Department of Education, shall adopt 61 rules governing the immunization of children against, the 62 testing for, and the control of preventable communicable 63 diseases. The rules must include procedures for exempting a 64 child from immunization requirements. Immunizations shall be 65 required for poliomyelitis, diphtheria, rubeola, rubella, 66 pertussis, mumps, tetanus, and other communicable diseases as 67 determined by rules of the Department of Health. The manner and 68 frequency of administration of the immunization or testing shall 69 conform to recognized standards of medical practice. The 70 Department of Health shall supervise and secure the enforcement 71 of the required immunization. Immunizations required by this 72 section shall be available at no cost from the county health 73 departments. 74 (4) Each district school board and the governing authority 75 of each private school shall establish and enforce as policy 76 that, prior to admittance to or attendance in a public or 77 private school, grades kindergarten through 12, or any other 78 initial entrance into a Florida public or private school, each 79 child present or have on file with the school a certification of 80 immunization for the prevention of those communicable diseases 81 for which immunization is required by the Department of Health 82 and further shall provide for appropriate screening of its 83 students for scoliosis at the proper age. Such certification 84 shall be made on forms approved and provided by the Department 85 of Health and shall become a part of each student's permanent 86 record, to be transferred when the student transfers, is 87 promoted, or changes schools. The transfer of such immunization 88 certification by Florida public schools shall be accomplished 89 using the Florida Automated System for Transferring Education 90 Records and shall be deemed to meet the requirements of this 91 section. 92 (5) The provisions of this section shall not apply if: 93 (a) The parent of the child objects in writing that the 94 administration of immunizing agents conflicts with his or her 95 religious tenets or practices; 96 (b) A physician licensed underthe provisions ofchapter 97 458 or chapter 459 certifies in writing, on a form approved and 98 provided by the Department of Health, that the child should be 99 permanently exempt from the required immunization for medical 100 reasons stated in writing, based upon valid clinical reasoning 101 or evidence, demonstrating the need for the permanent exemption; 102 (c) A physician licensed underthe provisions ofchapter 103 458, chapter 459, or chapter 460 certifies in writing, on a form 104 approved and provided by the Department of Health, that the 105 child has received as many immunizations as are medically 106 indicated at the time and is in the process of completing 107 necessary immunizations; 108 (d) The Department of Health determines that, according to 109 recognized standards of medical practice, any required 110 immunization is unnecessary or hazardous; or 111 (e) An authorized school official issues a temporary 112 exemption, for a period not to exceed 30 school days, to permit 113 a student who transfers into a new county to attend class until 114 his or her records can be obtained. A homeless child, as defined 115 in s. 1003.01, shall be given a temporary exemption for 30 116 school days. The public school health nurse or authorized 117 private school official is responsible for followup of each such 118 student until proper documentation or immunizations are 119 obtained. An exemption for 30 days may be issued for a student 120 who enters a juvenile justice program to permit the student to 121 attend class until his or her records can be obtained or until 122 the immunizations can be obtained. An authorized juvenile 123 justice official is responsible for followup of each student who 124 enters a juvenile justice program until proper documentation or 125 immunizations are obtained. 126 (6)(a) No person licensed by this state as a physician or 127 nurse shall be liable for any injury caused by his or her action 128 or failure to act in the administration of a vaccine or other 129 immunizing agent pursuant to the provisions of this section if 130 the person acts as a reasonably prudent person with similar 131 professional training would have acted under the same or similar 132 circumstances. 133 (b) No member of a district school board, or any of its 134 employees, or member of a governing board of a private school, 135 or any of its employees, shall be liable for any injury caused 136 by the administration of a vaccine to any student who is 137 required to be so immunized or for a failure to diagnose 138 scoliosis pursuant to the provisions of this section. 139 (7) The parents of any child admitted to or in attendance 140 at a Florida public or private school, grades prekindergarten 141 through 12, are responsible for assuring that the child is in 142 compliance with the provisions of this section. 143 (8) Each public school, including public kindergarten, and 144 each private school, including private kindergarten, shall be 145 required to provide to the county health department director or 146 administrator annual reports of compliance with the provisions 147 of this section. Reports shall be completed on forms provided by 148 the Department of Health for each kindergarten, and other grade 149 as specified; and the reports shall include the status of 150 children who were admitted at the beginning of the school year. 151 After consultation with the Department of Education, the 152 Department of Health shall establish by administrative rule the 153 dates for submission of these reports, the grades for which the 154 reports shall be required, and the forms to be used. 155 (9) The presence of any of the communicable diseases for 156 which immunization is required by the Department of Health in a 157 Florida public or private school shall permit the county health 158 department director or administrator or the State Health Officer 159 to declare a communicable disease emergency. The declaration of 160 such emergency shall mandate that all students in attendance in 161 the school who are not in compliance with the provisions of this 162 section be identified by the district school board or by the 163 governing authority of the private school; and the school health 164 and immunization records of such children shall be made 165 available to the county health department director or 166 administrator. Those children identified as not being immunized 167 against the disease for which the emergency has been declared 168 shall be temporarily excluded from school by the district school 169 board, or the governing authority of the private school, until 170 such time as is specified by the county health department 171 director or administrator. 172 (10) Each district school board and the governing authority 173 of each private school shall: 174 (a) Refuse admittance to any child otherwise entitled to 175 admittance to kindergarten, or any other initial entrance into a 176 Florida public or private school, who is not in compliance with 177 the provisions of subsection (4). 178 (b) Temporarily exclude from attendance any student who is 179 not in compliance with the provisions of subsection (4). 180 (11) The provisions of this section do not apply to those 181 persons admitted to or attending adult education classes unless 182 the adult students are under 21 years of age. 183 Section 2. Paragraph (a) of subsection (3) of section 184 1002.20, Florida Statutes, is amended to read: 185 1002.20 K-12 student and parent rights.—Parents of public 186 school students must receive accurate and timely information 187 regarding their child's academic progress and must be informed 188 of ways they can help their child to succeed in school. K-12 189 students and their parents are afforded numerous statutory 190 rights including, but not limited to, the following: 191 (3) HEALTH ISSUES.— 192 (a) School-entry health examinations and school-entry 193 classes in swimming life skills.—The parent of any child 194 attending a public or private school shall be exempt from the 195 requirement of a health examination or a school-entry class in 196 swimming life skills upon written request stating objections on 197 religious grounds in accordance withthe provisions ofs. 198 1003.22(1) and (2). A child shall also be exempt from the 199 requirement to complete a class in swimming life skills if a 200 physician certifies in writing that the child should be exempt 201 for medical reasons based upon a valid clinical reason or 202 evidence that demonstrates the need for the exemption in 203 accordance with s. 1003.22(1). 204 Section 3. Subsection (5) of section 1002.42, Florida 205 Statutes, is amended to read: 206 1002.42 Private schools.— 207 (5) SCHOOL-ENTRY HEALTH EXAMINATIONS AND SCHOOL-ENTRY 208 CLASSES IN SWIMMING LIFE SKILLS.—The governing authority of each 209 private school shall require students to present a certification 210 of a school-entry health examination and a certificate of 211 completion of a school-entry class in swimming life skills in 212 accordance with the provisions of s. 1003.22(1) and (2). 213 Section 4. This act shall take effect July 1, 2009.