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 under the provisions of chapter
   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 under the provisions of chapter
  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 with the provisions of s.
  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.