Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1557, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Gibson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 102 - 162
    4  and insert:
    5         4.At the beginning of the school year, each school
    6  district shall notify parents of each health care service
    7  offered at their student’s school and the option to withhold
    8  consent or decline any specific service. Parental consent to a
    9  health care service does not waive the parent’s right to access
   10  his or her student’s educational or health records or to be
   11  notified about a change in his or her student’s services or
   12  monitoring as provided by this paragraph.
   13         5.Before administering a student well-being questionnaire
   14  or health screening form to a student in kindergarten through
   15  grade 3, the school district must provide the questionnaire or
   16  health screening form to the parent and obtain the permission of
   17  the parent.
   18         6.Each school district shall adopt procedures for a parent
   19  to notify the principal, or his or her designee, regarding
   20  concerns under this paragraph at his or her student’s school and
   21  the process for resolving those concerns within 7 calendar days
   22  after notification by the parent.
   23         a.At a minimum, the procedures must require that within 30
   24  days after notification by the parent that the concern remains
   25  unresolved, the school district must either resolve the concern
   26  or provide a statement of the reasons for not resolving the
   27  concern.
   28         b.If a concern is not resolved by the school district, a
   29  parent may:
   30         (I)Request the Commissioner of Education to appoint a
   31  special magistrate who is a member of The Florida Bar in good
   32  standing and who has at least 5 years’ experience in
   33  administrative law. The special magistrate shall determine facts
   34  relating to the dispute over the school district procedure or
   35  practice, consider information provided by the school district,
   36  and render a recommended decision for resolution to the State
   37  Board of Education within 30 days after receipt of the request
   38  by the parent. The State Board of Education must approve or
   39  reject the recommended decision at its next regularly scheduled
   40  meeting that is more than 7 calendar days and no more than 30
   41  days after the date the recommended decision is transmitted. The
   42  costs of the special magistrate shall be borne by the school
   43  district. The State Board of Education shall adopt rules,
   44  including forms, necessary to implement this sub-sub
   45  subparagraph.
   46         (II)Bring an action against the school district to obtain
   47  a declaratory judgment that the school district procedure or
   48  practice violates this paragraph and seek injunctive relief. A
   49  court may award damages and shall award reasonable attorney fees
   50  and court costs to a parent who receives declaratory or
   51  injunctive relief.
   52         c.Each school district shall adopt policies to notify
   53  parents of the procedures required under this subparagraph.
   54         d.Nothing contained in this subparagraph shall be
   55  construed to abridge or alter rights of action or remedies in
   56  equity already existing under the common law or general law.
   58  ================= T I T L E  A M E N D M E N T ================
   59  And the title is amended as follows:
   60         Delete lines 24 - 56
   61  and insert:
   62         requiring school districts to notify parents of health
   63         care services and provide parents the opportunity to
   64         consent or decline such services; providing that a
   65         specified parental consent does not wave certain
   66         parental rights; requiring school districts to provide
   67         parents with certain questionnaires or health
   68         screening forms and obtain parental permission before
   69         administering such questionnaires and forms; requiring
   70         school districts to adopt certain procedures for
   71         resolving specified parental concerns; requiring
   72         resolution within a specified timeframe; requiring the
   73         Commissioner of Education to appoint a special
   74         magistrate for unresolved concerns; providing
   75         requirements for the special magistrate; requiring the
   76         State Board of Education to approve or reject the
   77         special magistrate’s recommendation within specified
   78         timeframe; requiring school districts to bear the
   79         costs of the special magistrate; requiring the State
   80         Board of Education to adopt rules; providing
   81         requirements for such rules; authorizing a parent to
   82         bring an action against a school district to obtain a
   83         declaratory judgment that a school district procedure
   84         or practice violates certain provisions of law;
   85         providing for the additional award of injunctive
   86         relief, damages, and reasonable attorney fees and
   87         court costs to certain parents; requiring school
   88         districts to adopt policies to notify parents of
   89         certain rights; providing construction; providing an