Florida Senate - 2020 SB 208
By Senator Thurston
33-00316-20 2020208__
1 A bill to be entitled
2 An act relating to wellness examinations; amending s.
3 381.0056, F.S.; revising the definition of the term
4 “physical examination” to include reference to
5 specified guidelines; amending s. 381.0057, F.S.;
6 specifying that physical examinations are included in
7 support services for purposes of the student support
8 services team program; amending s. 1002.20, F.S.;
9 exempting a child from the adolescent well-care
10 examination upon a parent’s written request stating
11 objections on religious grounds; amending s. 1002.42,
12 F.S.; requiring students of private schools to present
13 proof of adolescent well-care examination forms;
14 creating s. 1003.221, F.S.; defining the term
15 “adolescent well-care examination”; requiring that
16 district school boards and private school governing
17 authorities require and enforce as a policy that
18 certain children present proof of an adolescent well
19 care examination each year; requiring district school
20 boards and private school governing authorities to
21 refuse to admit children who fail to present proof of
22 such examination; requiring school boards and private
23 school governing authorities to establish and enforce
24 a policy that allows a student to submit proof of the
25 examination within 30 school days under certain
26 conditions; providing exemptions; requiring the
27 Department of Education, in consultation with the
28 Department of Health, to develop a proof of adolescent
29 well-care examination form to become a part of each
30 student’s permanent record; requiring each public
31 school or private school to follow up with each
32 student until proper documentation is obtained;
33 requiring an authorized juvenile justice official to
34 follow up with each student until proper documentation
35 is obtained; specifying that the child’s parent bears
36 responsibility for compliance with specified
37 adolescent well-care examination requirements;
38 requiring the State Board of Education, in
39 consultation with the Department of Health, to adopt
40 rules; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Paragraph (d) of subsection (2) of section
45 381.0056, Florida Statutes, is amended to read:
46 381.0056 School health services program.—
47 (2) As used in this section, the term:
48 (d) “Physical examination” means a thorough evaluation of
49 the health status of an individual, including a physical,
50 developmental, behavioral, and psychosocial screening and
51 assessment, as recommended in the American Academy of
52 Pediatrics’ 2017 Bright Futures: Guidelines for Health
53 Supervision of Infants, Children, and Adolescents.
54 Section 2. Paragraph (b) of subsection (3) of section
55 381.0057, Florida Statutes, is amended to read:
56 381.0057 Funding for school health services.—
57 (3) Any school district, school, or laboratory school which
58 desires to receive state funding under the provisions of this
59 section shall submit a proposal to the joint committee
60 established in subsection (2). The proposal shall state the
61 goals of the program, provide specific plans for reducing
62 teenage pregnancy, and describe all of the health services to be
63 available to students with funds provided pursuant to this
64 section, including a combination of initiatives such as health
65 education, counseling, extracurricular, and self-esteem
66 components. School health services shall not promote elective
67 termination of pregnancy as a part of counseling services. Only
68 those program proposals that which have been developed jointly
69 by county health departments and local school districts or
70 schools, and which have community and parental support, shall be
71 eligible for funding. Funding shall be available specifically
72 for implementation of one of the following programs:
73 (b) Student support services team program.—The program
74 shall include a multidisciplinary team consisting composed of a
75 psychologist, social worker, and nurse whose responsibilities
76 are to provide basic support services and to assist, in the
77 school setting, children who exhibit mild to severely complex
78 health, behavioral, or learning problems affecting their school
79 performance. Support services shall include, but not be limited
80 to: evaluation and treatment for minor illnesses and injuries,
81 referral and followup for serious illnesses and emergencies,
82 onsite care and consultation, referral to a physician, and
83 followup care for pregnancy or chronic diseases and disorders as
84 well as emotional or mental problems. Services also shall
85 include referral care for drug and alcohol abuse and sexually
86 transmitted diseases, sports and employment physicals, physical
87 examinations, immunizations, and in addition, effective
88 preventive services aimed at delaying early sexual involvement
89 and aimed at pregnancy, acquired immune deficiency syndrome,
90 sexually transmitted diseases, and destructive lifestyle
91 conditions, such as alcohol and drug abuse. Moneys for this
92 program shall be used to fund three teams, each consisting of
93 one half-time psychologist, one full-time nurse, and one full
94 time social worker. Each team shall provide student support
95 services to an elementary school, middle school, and high school
96 that are a part of one feeder school system and shall coordinate
97 all activities with the school administrator and certified
98 school counselor at each school. A program that places all three
99 teams in middle schools or high schools may also be proposed.
100
101 Funding may also be available for any other program that is
102 comparable to a program described in this subsection but is
103 designed to meet the particular needs of the community.
104 Section 3. Paragraph (a) of subsection (3) of section
105 1002.20, Florida Statutes, is amended to read:
106 1002.20 K-12 student and parent rights.—Parents of public
107 school students must receive accurate and timely information
108 regarding their child’s academic progress and must be informed
109 of ways they can help their child to succeed in school. K-12
110 students and their parents are afforded numerous statutory
111 rights including, but not limited to, the following:
112 (3) HEALTH ISSUES.—
113 (a) School-entry health examinations and adolescent well
114 care examinations.—A The parent of any child attending a public
115 or private school is shall be exempt from the requirement of a
116 health examination or adolescent well-care examination upon a
117 parent’s written request stating objections on religious grounds
118 in accordance with ss. 1003.22(1) and (2) and 1003.221(2) the
119 provisions of s. 1003.22(1) and (2).
120 Section 4. Subsection (5) of section 1002.42, Florida
121 Statutes, is amended to read:
122 1002.42 Private schools.—
123 (5) SCHOOL-ENTRY HEALTH EXAMINATIONS AND ADOLESCENT WELL
124 CARE EXAMINATIONS.—The governing authority of each private
125 school shall require students to present a certification of a
126 school-entry health examination in accordance with ss.
127 1003.22(1) and (2) and 1003.221(2) the provisions of s.
128 1003.22(1) and (2).
129 Section 5. Section 1003.221, Florida Statutes, is created
130 to read:
131 1003.221 School-entry adolescent well-care examinations;
132 exemptions; duties of Department of Education and Department of
133 Health.—
134 (1) For purposes of this section, “adolescent well-care
135 examination” means a physical, developmental, behavioral, and
136 psychosocial screening and assessment as recommended in the
137 American Academy of Pediatrics’ 2017 Bright Futures: Guidelines
138 for Health Supervision of Infants, Children, and Adolescents.
139 (2)(a) Each district school board and the governing
140 authority of each private school shall require and enforce as a
141 policy that, beginning at 12 years of age and continuing through
142 18 years of age, each child who is entitled to entrance into a
143 public or private school in this state must present proof that
144 an adolescent well-care examination was performed each year. The
145 district school board or the governing authority, as
146 appropriate, shall refuse admittance to any child otherwise
147 entitled to admittance to a Florida public or private school who
148 is not in compliance with this section.
149 (b) The school board or the governing authority, as
150 appropriate, may establish a policy that allows a student up to
151 30 school days to present such proof; however, children who are
152 experiencing homelessness and children who are known to the
153 department as defined in s. 39.0016 must be given a temporary
154 exemption for 30 school days. Any district school board that
155 establishes such a policy shall include provisions in its local
156 school health services plan to assist students in obtaining
157 adolescent well-care examinations.
158 (c) An exemption for 30 school days may be authorized for a
159 student who enters a juvenile justice program to allow that
160 student to attend class until his or her records or adolescent
161 well-care examination can be obtained.
162 (d) This subsection does not apply to a child whose parent
163 has submitted a written request for exemption stating objections
164 on religious grounds.
165 (3) The Department of Education, in consultation with the
166 Department of Health, shall develop a proof of adolescent well
167 care examination form that must be made a part of each student’s
168 permanent record, to be transferred when the student transfers,
169 is promoted, or changes schools. The transfer of such proof of
170 adolescent well-care examination by Florida public schools must
171 be accomplished using the Florida Automated System for
172 Transferring Education Records, and such transfer is deemed to
173 meet the requirements of this section.
174 (4) Each public school or private school shall follow up
175 with each such student until proper documentation is obtained.
176 An authorized juvenile justice official shall follow up with
177 each student who enters a juvenile justice program until proper
178 documentation is obtained.
179 (5) The parent of a child 12 through 18 years of age who is
180 admitted to or in attendance at a Florida public or private
181 school is responsible for assuring that the child is in
182 compliance with this section.
183 (6) The State Board of Education, in consultation with the
184 Department of Health, shall adopt rules to implement this
185 section, including procedures for exempting a child from
186 providing proof of the adolescent well-care examination.
187 Section 6. This act shall take effect July 1, 2020.