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. Immediate Notification 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.