Florida Senate - 2018                                    SB 1662
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00317-18                                           20181662__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.22,
    3         F.S.; requiring the annual notice of student and
    4         parent rights regarding education records to include
    5         information on opting out of disclosing a student’s
    6         directory information; amending s. 1003.44, F.S.;
    7         requiring each district school board to adopt rules
    8         prohibiting the distribution or communication of
    9         political materials that do not meet specified
   10         requirements; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (e) of subsection (2) of section
   15  1002.22, Florida Statutes, is amended to read:
   16         1002.22 Education records and reports of K-12 students;
   17  rights of parents and students; notification; penalty.—
   18         (2) RIGHTS OF STUDENTS AND PARENTS.—The rights of students
   19  and their parents with respect to education records created,
   20  maintained, or used by public educational institutions and
   21  agencies shall be protected in accordance with the Family
   22  Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g,
   23  the implementing regulations issued pursuant thereto, and this
   24  section. In order to maintain the eligibility of public
   25  educational institutions and agencies to receive federal funds
   26  and participate in federal programs, the State Board of
   27  Education shall comply with the FERPA after the board has
   28  evaluated and determined that the FERPA is consistent with the
   29  following principles:
   30         (e) Students and their parents shall receive annual notice
   31  of their rights with respect to education records. The annual
   32  notice must include information that informs the students and
   33  their parents of their right to opt out of having the student’s
   34  directory information, as defined in 20 U.S.C. s.
   35  1232g(a)(5)(A), disclosed.
   36         Section 2. Section 1003.44, Florida Statutes, is amended to
   37  read:
   38         1003.44 Patriotic programs; political materials; rules.—
   39         (1) Each district school board may adopt rules to require,
   40  in all of the schools of the district, programs of a patriotic
   41  nature to encourage greater respect for the government of the
   42  United States and its national anthem and flag, subject always
   43  to other existing pertinent laws of the United States or of the
   44  state. When the national anthem is played, students and all
   45  civilians shall stand at attention, men removing the headdress,
   46  except when such headdress is worn for religious purposes. The
   47  pledge of allegiance to the flag, “I pledge allegiance to the
   48  flag of the United States of America and to the republic for
   49  which it stands, one nation under God, indivisible, with liberty
   50  and justice for all,” shall be rendered by students standing
   51  with the right hand over the heart. The pledge of allegiance to
   52  the flag shall be recited at the beginning of the day in each
   53  public elementary, middle, and high school in the state. Each
   54  student shall be informed by a written notice published in the
   55  student handbook or a similar publication pursuant to s.
   56  1006.07(2) that the student has the right not to participate in
   57  reciting the pledge. Upon written request by his or her parent,
   58  the student must be excused from reciting the pledge, including
   59  standing and placing the right hand over his or her heart. When
   60  the pledge is given, unexcused students must show full respect
   61  to the flag by standing at attention, men removing the
   62  headdress, except when such headdress is worn for religious
   63  purposes, as provided by Pub. L. ch. 77-435, s. 7, approved June
   64  22, 1942, 56 Stat. 377, as amended by Pub. L. ch. 77-806, 56
   65  Stat. 1074, approved December 22, 1942.
   66         (2)(a) Each district school board may allow any teacher or
   67  administrator to read, or to post in a public school building or
   68  classroom or at any school-related event, any excerpt or portion
   69  of any of the following historic material:
   70         1. The national motto;
   71         2. The national anthem;
   72         3. The pledge of allegiance;
   73         4. The Constitution of the State of Florida, including the
   74  Preamble;
   75         5. The Constitution of the United States, including the
   76  Preamble;
   77         6. The Bill of Rights;
   78         7. The Declaration of Independence;
   79         8. The Mayflower Compact;
   80         9. The Emancipation Proclamation;
   81         10. The writings, speeches, documents, and proclamations of
   82  the presidents of the United States, the signers of the
   83  Constitution of the United States and the Declaration of
   84  Independence, and civil rights leaders; and
   85         11. Decisions of the United States Supreme Court.
   86         (b)However, Any material that is read, posted, or taught
   87  pursuant to this subsection provision may be presented only from
   88  a historical perspective and in a nonproselytizing manner. When
   89  less than an entire document is used, the excerpt or portion
   90  must include as much material as is reasonably necessary to
   91  reflect the sentiment of the entire document and avoid
   92  expressing statements out of the context in which they were
   93  originally made. If the material refers to laws or judicial
   94  decisions that have been superseded, the material must be
   95  accompanied by a statement indicating that such law or decision
   96  is no longer the law of the land. No Material may not shall be
   97  selected to advance a particular religious, political, or
   98  sectarian purpose. The department shall distribute a copy of
   99  this section to each district school board, whereupon each
  100  district school superintendent shall distribute a copy to all
  101  teachers and administrators.
  102         (3) All public schools in the state are encouraged to
  103  coordinate, at all grade levels, instruction related to our
  104  nation’s founding fathers with “American Founders’ Month”
  105  pursuant to s. 683.1455.
  106         (4) Each district school board shall adopt rules to
  107  prohibit all public schools within its district from
  108  distributing political materials to or engaging in political
  109  communication with students, parents, or staff which is meant to
  110  advance a political purpose and does not meet the historical and
  111  educational requirements of subsection (2).
  112         Section 3. This act shall take effect July 1, 2018.