Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1726 Ì224148/Î224148 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/10/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Education (Gruters) recommended the following: 1 Senate Amendment 2 3 Delete lines 89 - 216 4 and insert: 5 (d) The right, pursuant to s. 1002.20(13), to access and 6 review all school records relating to the minor child. 7 (e) The right to make health care decisions for his or her 8 minor child, unless otherwise prohibited by law. 9 (f) The right to access and review all medical records of 10 the minor child, unless prohibited by law or if the parent is 11 the subject of an investigation of a crime committed against the 12 minor child and a law enforcement agency or official requests 13 that the information not be released. 14 (g) The right to consent in writing before a biometric scan 15 of the minor child is made, shared, or stored. 16 (h) The right to consent in writing before any record of 17 his or her minor child’s blood or deoxyribonucleic acid (DNA) is 18 created, stored, or shared, except as required by general law or 19 authorized pursuant to a court order. 20 (i) The right to consent in writing before the state or any 21 of its political subdivisions makes a video or voice recording 22 of his or her minor child, unless such recording is made during 23 or as part of a court proceeding, is made by law enforcement or 24 during a law enforcement investigation, is made as part of a 25 forensic interview in a criminal or Department of Children and 26 Families investigation, or to be used solely for the following 27 purposes: 28 1. A safety demonstration, including the maintenance of 29 order and discipline in the common areas of a school or on 30 student transportation vehicles; 31 2. A purpose related to a legitimate academic or 32 extracurricular activity; 33 3. A purpose related to regular classroom instructions; 34 4. Security or surveillance of buildings or grounds; or 35 5. A photo identification card. 36 (j) The right to be notified promptly if an employee of the 37 state, any of its political subdivisions, any other governmental 38 entity, or any other institution suspects that a criminal 39 offense has been committed against his or her minor child, 40 unless the incident has first been reported to law enforcement 41 or the Department of Children and Families and notifying the 42 parent would impede the investigation. 43 (2) This section does not: 44 (a) Authorize a parent of a minor child in this state to 45 engage in conduct that is unlawful or to abuse or neglect his or 46 her minor child in violation of general law; 47 (b) Condone, authorize, approve, or apply to a parental 48 action or decision that would end life; 49 (c) Prohibit a court of competent jurisdiction, law 50 enforcement officer, or employees of a government agency that is 51 responsible for child welfare from acting in his or her official 52 capacity within the reasonable and prudent scope of his or her 53 authority; or 54 (d) Prohibit a court of competent jurisdiction from issuing 55 an order that is otherwise permitted by law. 56 (3) An employee of the state, any of its political 57 subdivisions, or any other governmental entity who encourages or 58 coerces, or attempts to encourage or coerce, a minor child to 59 withhold information from his or her parent may be subject to 60 disciplinary action. This subsection does not apply to law 61 enforcement personnel and Department of Children and Families 62 personnel acting within their official capacities. 63 (4) A parent of a minor child in this state has inalienable 64 rights that are more comprehensive than those listed in this 65 section, unless such rights have been legally waived or 66 terminated. This chapter does not prescribe all rights to a 67 parent of a minor child in this state. Unless required by law, 68 the rights of a parent of a minor child in this state may not be 69 limited or denied. This chapter may not be construed to apply to 70 a parental action or decision that would end life. 71 Section 6. Section 1014.05, Florida Statutes, is created to 72 read: 73 1014.05 School district notifications on parental rights.— 74 (1) Each district school board shall, in consultation with 75 parents, teachers, and administrators, develop and adopt a 76 policy to promote parental involvement in the public school 77 system. Such policy must include: 78 (a) A plan, pursuant to s. 1002.23, for parental 79 participation in schools to improve parent and teacher 80 cooperation in such areas as homework, school attendance, and 81 discipline. 82 (b) A procedure, pursuant to s. 1002.20(19)(b), for a 83 parent to learn about his or her child’s course of study, 84 including the source of any supplemental education materials. 85 (c) Procedures for a parent to object to classroom 86 materials and activities, pursuant to s. 1006.28(2)(a)2., and a 87 process for withdrawing his or her student from the activity, 88 class, or program in which such materials or activities are 89 used. Such objections may be based on beliefs regarding 90 morality, sex, and religion or the belief that such materials or 91 activities are harmful. 92 (d) Procedures, pursuant to s. 1002.20(3)(d), for a parent 93 to withdraw his or her student from any portion of the school 94 district’s comprehensive health education required under s. 95 1003.42(2)(n) that relates to sex education or instruction in 96 acquired immune deficiency syndrome education or any instruction 97 regarding sexuality if the parent provides a written objection 98 to his or her child’s participation. Such procedures must 99 provide for a parent to be notified in advance of such course 100 content so that he or she may withdraw his or her student from 101 those portions of the course. 102 (e) Procedures, pursuant to s. 1006.195(1)(a), for a parent 103 to learn about the nature and purpose of clubs and activities 104 offered at his or her child’s school, including those that are 105 extracurricular or part of the school curriculum. 106 (f) Procedures for a parent to learn about parental rights 107 and responsibilities under general law, including all of the 108 following: 109 1. Pursuant to s. 1002.20(3)(d), the right to opt his or 110 her minor child out of any portion of the school district’s 111 comprehensive health education required under s. 1003.42(2)(n) 112 that relates to sex education instruction in acquired immune 113 deficiency syndrome education or any instruction regarding 114 sexuality. 115 2. A plan to disseminate information, pursuant to s. 116 1002.20(6), about school choice options, including open 117 enrollment. 118 3. In accordance with s. 1002.20(3)(b), the right of a 119 parent to exempt his or her student from immunizations. 120 4. In accordance with s. 1008.22, the right of a parent to 121 review statewide, standardized assessment results. 122 5. In accordance with s. 1003.57, the right of a parent to 123 enroll his or her student in gifted or special education 124 programs. 125 6. In accordance with s. 1006.28(2)(a)1., the right of a 126 parent to inspect school district instructional materials. 127 7. In accordance with s. 1008.25, the right of a parent to 128 access information relating to the school district’s policies 129 for promotion or retention, including high school graduation 130 requirements. 131 8. In accordance with s. 1002.20(14), the right of a parent 132 to receive a school report card and be informed of his or her 133 child’s attendance requirements. 134 9. In accordance with s. 1002.23, the right of a parent to 135 access information relating to the state public education 136 system, state standards, report card requirements, attendance 137 requirements, and instructional materials requirements. 138 10. In accordance with s. 1002.23(4), the right of a parent 139 to participate in parent-teacher associations and organizations 140 that are sanctioned by a district school board or the Department 141 of Education. 142 11. In accordance with s. 1002.222(1)(a), the right of a 143 parent to opt out of any district-level