Florida Senate - 2019 SB 1084 By Senator Albritton 26-01986-19 20191084__ 1 A bill to be entitled 2 An act relating to the removal of a student for an 3 involuntary examination; amending ss. 381.0056, 4 1002.20, and 1002.33, F.S.; revising the requirements 5 for parental notification prior to removing a student 6 for an involuntary examination under certain 7 circumstances; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (a) of subsection (4) of section 12 381.0056, Florida Statutes, is amended to read: 13 381.0056 School health services program.— 14 (4)(a) Each county health department shall develop, jointly 15 with the district school board and the local school health 16 advisory committee, a school health services plan. The plan must 17 include, at a minimum, provisions for all of the following: 18 1. Health appraisal; 19 2. Records review; 20 3. Nurse assessment; 21 4. Nutrition assessment; 22 5. A preventive dental program; 23 6. Vision screening; 24 7. Hearing screening; 25 8. Scoliosis screening; 26 9. Growth and development screening; 27 10. Health counseling; 28 11. Referral and followup of suspected or confirmed health 29 problems by the local county health department; 30 12. Meeting emergency health needs in each school; 31 13. County health department personnel to assist school 32 personnel in health education curriculum development; 33 14. Referral of students to appropriate health treatment, 34 in cooperation with the private health community whenever 35 possible; 36 15. Consultation with a student’s parent or guardian 37 regarding the need for health attention by the family physician, 38 dentist, or other specialist when definitive diagnosis or 39 treatment is indicated; 40 16. Maintenance of records on incidents of health problems, 41 corrective measures taken, and such other information as may be 42 needed to plan and evaluate health programs; except, however, 43 that provisions in the plan for maintenance of health records of 44 individual students must be in accordance with s. 1002.22; 45 17. Health information which will be provided by the school 46 health nurses, when necessary, regarding the placement of 47 students in exceptional student programs and the reevaluation at 48 periodic intervals of students placed in such programs; 49 18. Notification to the local nonpublic schools of the 50 school health services program and the opportunity for 51 representatives of the local nonpublic schools to participate in 52 the development of the cooperative health services plan; and 53 19.ImmediateNotification to a student’s parent, guardian, 54 or caregiver if the student is removed from school, school 55 transportation, or a school-sponsored activity and taken to a 56 receiving facility for an involuntary examination pursuant to s. 57 394.463, including the requirements established under ss. 58 1002.20(3) and 1002.33(9), as applicable. Such notification 59 shall include: 60 a. Notification prior to the student’s removal for an 61 involuntary examination, if such notification will not cause a 62 delay that jeopardizes the student’s or another individual’s 63 physical or mental health or safety. 64 b. Immediate notification upon the student’s removal for an 65 involuntary examination. 66 Section 2. Paragraph (l) of subsection (3) of section 67 1002.20, Florida Statutes, is amended to read: 68 1002.20 K-12 student and parent rights.—Parents of public 69 school students must receive accurate and timely information 70 regarding their child’s academic progress and must be informed 71 of ways they can help their child to succeed in school. K-12 72 students and their parents are afforded numerous statutory 73 rights including, but not limited to, the following: 74 (3) HEALTH ISSUES.— 75 (l) Notification of involuntary examinations.— 76 1. The public school principal or the principal’s designee 77 shall immediately notify the parent of a student who is removed 78 from school, school transportation, or a school-sponsored 79 activity and taken to a receiving facility for an involuntary 80 examination pursuant to s. 394.463. In addition, the principal 81 or the principal’s designee shall explain to the parent the 82 reason or situation that gave rise to such removal. The 83 principal or the principal’s designee may delay notification for 84 no more than 24 hours after the student is removed if the 85 principal or designee deems the delay to be in the student’s 86 best interest and if a report has been submitted to the central 87 abuse hotline, pursuant to s. 39.201, based upon knowledge or 88 suspicion of abuse, abandonment, or neglect. 89 2. Prior to removal of a student for an involuntary 90 examination, the principal or the principal’s designee shall 91 notify the parent, if such notification will not cause a delay 92 that jeopardizes the student’s or another individual’s physical 93 or mental health or safety. However, the principal or the 94 principal’s designee may omit notification prior to removal if 95 the principal or designee deems it to be in the student’s best 96 interest and if a report has been submitted to the central abuse 97 hotline, pursuant to s. 39.201, based upon knowledge or 98 suspicion of abuse, abandonment, or neglect. 99 3. Each district school board shall develop a policy and 100 procedures for notification under this paragraph. 101 Section 3. Paragraph (q) of subsection (9) of section 102 1002.33, Florida Statutes, is amended to read: 103 1002.33 Charter schools.— 104 (9) CHARTER SCHOOL REQUIREMENTS.— 105 (q)1. The charter school principal or the principal’s 106 designee shall immediately notify the parent of a student who is 107 removed from school, school transportation, or a school 108 sponsored activity and taken to a receiving facility for an 109 involuntary examination pursuant to s. 394.463. In addition, the 110 principal or the principal’s designee shall explain to the 111 parent the reason or situation that gave rise to such removal. 112 The principal or the principal’s designee may delay notification 113 for no more than 24 hours after the student is removed if the 114 principal or designee deems the delay to be in the student’s 115 best interest and if a report has been submitted to the central 116 abuse hotline, pursuant to s. 39.201, based upon knowledge or 117 suspicion of abuse, abandonment, or neglect. 118 2. Prior to removal of a student for an involuntary 119 examination, the principal or the principal’s designee shall 120 notify the parent, if such notification will not cause a delay 121 that jeopardizes the student’s or another individual’s physical 122 or mental health or safety. However, the principal or the 123 principal’s designee may omit notification prior to removal if 124 the principal or designee deems it to be in the student’s best 125 interest and if a report has been submitted to the central abuse 126 hotline, pursuant to s. 39.201, based upon knowledge or 127 suspicion of abuse, abandonment, or neglect. 128 3. Each charter school governing board shall develop a 129 policy and procedures for notification under this paragraph. 130 Section 4. This act shall take effect July 1, 2019.