Florida Senate - 2020                                    SB 1426
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01669-20                                           20201426__
    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.Behavioral health screening;
   28         11.10. Health counseling;
   29         12.11. Referral and followup of suspected or confirmed
   30  health problems by the local county health department;
   31         13.12. Meeting emergency health needs in each school;
   32         14.13. County health department personnel to assist school
   33  personnel in health education curriculum development;
   34         15.14. Referral of students to appropriate health
   35  treatment, in cooperation with the private health community
   36  whenever possible;
   37         16.15. Consultation with a student’s parent or guardian
   38  regarding the need for health attention by the family physician,
   39  dentist, or other specialist when definitive diagnosis or
   40  treatment is indicated;
   41         17.16. Maintenance of records on incidents of health
   42  problems, corrective measures taken, and such other information
   43  as may be needed to plan and evaluate health programs; except,
   44  however, that provisions in the plan for maintenance of health
   45  records of individual students must be in accordance with s.
   46  1002.22;
   47         18.17. Health information which will be provided by the
   48  school health nurses, when necessary, regarding the placement of
   49  students in exceptional student programs and the reevaluation at
   50  periodic intervals of students placed in such programs;
   51         19.18. Notification to the local nonpublic schools of the
   52  school health services program and the opportunity for
   53  representatives of the local nonpublic schools to participate in
   54  the development of the cooperative health services plan; and
   55         20.19.Immediate Notification to a student’s parent,
   56  guardian, or caregiver if the student is removed from school,
   57  school transportation, or a school-sponsored activity and taken
   58  to a receiving facility for an involuntary examination pursuant
   59  to s. 394.463, including the requirements established under ss.
   60  1002.20(3) and 1002.33(9), as applicable. Such notification
   61  shall include:
   62         a.Notification prior to the student’s removal for an
   63  involuntary examination, if such notification will not cause a
   64  delay that jeopardizes the student’s or another individual’s
   65  physical or mental health or safety.
   66         b.Immediate notification upon the student’s removal for an
   67  involuntary examination.
   68         Section 2. Paragraph (l) of subsection (3) of section
   69  1002.20, Florida Statutes, is amended to read:
   70         1002.20 K-12 student and parent rights.—Parents of public
   71  school students must receive accurate and timely information
   72  regarding their child’s academic progress and must be informed
   73  of ways they can help their child to succeed in school. K-12
   74  students and their parents are afforded numerous statutory
   75  rights including, but not limited to, the following:
   76         (3) HEALTH ISSUES.—
   77         (l) Notification of involuntary examinations.—
   78         1. The public school principal or the principal’s designee
   79  shall immediately notify the parent of a student who is removed
   80  from school, school transportation, or a school-sponsored
   81  activity and taken to a receiving facility for an involuntary
   82  examination pursuant to s. 394.463. In addition, the principal
   83  or the principal’s designee shall explain to the parent the
   84  reason or situation that gave rise to such removal. The
   85  principal or the principal’s designee may delay notification for
   86  no more than 24 hours after the student is removed if the
   87  principal or designee deems the delay to be in the student’s
   88  best interest and if a report has been submitted to the central
   89  abuse hotline, pursuant to s. 39.201, based upon knowledge or
   90  suspicion of abuse, abandonment, or neglect.
   91         2.Prior to removal of a student for an involuntary
   92  examination, the principal or the principal’s designee shall
   93  notify the parent, if such notification will not cause a delay
   94  that jeopardizes the student’s or another individual’s physical
   95  or mental health or safety. However, the principal or the
   96  principal’s designee may omit notification prior to removal if
   97  the principal or designee deems it to be in the student’s best
   98  interest and if a report has been submitted to the central abuse
   99  hotline, pursuant to s. 39.201, based upon knowledge or
  100  suspicion of abuse, abandonment, or neglect.
  101         3. Each district school board shall develop a policy and
  102  procedures for notification under this paragraph.
  103         Section 3. Paragraph (q) of subsection (9) of section
  104  1002.33, Florida Statutes, is amended to read:
  105         1002.33 Charter schools.—
  106         (9) CHARTER SCHOOL REQUIREMENTS.—
  107         (q)1. The charter school principal or the principal’s
  108  designee shall immediately notify the parent of a student who is
  109  removed from school, school transportation, or a school
  110  sponsored activity and taken to a receiving facility for an
  111  involuntary examination pursuant to s. 394.463. In addition, the
  112  principal or the principal’s designee shall explain to the
  113  parent the reason or situation that gave rise to such removal.
  114  The principal or the principal’s designee may delay notification
  115  for no more than 24 hours after the student is removed if the
  116  principal or designee deems the delay to be in the student’s
  117  best interest and if a report has been submitted to the central
  118  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  119  suspicion of abuse, abandonment, or neglect.
  120         2.Prior to removal of a student for an involuntary
  121  examination, the principal or the principal’s designee shall
  122  notify the parent, if such notification will not cause a delay
  123  that jeopardizes the student’s or another individual’s physical
  124  or mental health or safety. However, the principal or the
  125  principal’s designee may omit notification prior to removal if
  126  the principal or designee deems it to be in the student’s best
  127  interest and if a report has been submitted to the central abuse
  128  hotline, pursuant to s. 39.201, based upon knowledge or
  129  suspicion of abuse, abandonment, or neglect.
  130         3. Each charter school governing board shall develop a
  131  policy and procedures for notification under this paragraph.
  132         Section 4. This act shall take effect July 1, 2020.