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 subsectionprovisionmay 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.NoMaterial may notshallbe 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.