Florida Senate - 2022 SB 1842
By Senator Baxley
12-01410-22 20221842__
1 A bill to be entitled
2 An act relating to reproductive health and disease
3 education; amending s. 1003.42, F.S.; requiring school
4 districts or schools within a district to notify and
5 request the written consent of parents and guardians
6 before the teaching of reproductive health or any
7 sexually transmitted disease; prohibiting schools from
8 allowing students to be exposed to such teaching
9 without the written consent of their parents or
10 guardians; prohibiting a student whose parent or
11 guardian does not give such written consent from being
12 penalized; amending ss. 1002.20 and 1014.05, F.S.;
13 conforming provisions to changes made by the act;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (3) of section 1003.42, Florida
19 Statutes, is amended to read:
20 1003.42 Required instruction.—
21 (3) School districts, or schools as defined in s.
22 1003.01(2), shall notify and request the written consent of
23 parents or guardians at least 10 instructional days before Any
24 student whose parent makes written request to the school
25 principal shall be exempted from the teaching of reproductive
26 health or any sexually transmitted disease, including HIV/AIDS
27 and, its symptoms, development, and treatment. A school may not
28 allow a student to be exposed to such teaching without the prior
29 written consent of his or her parent or guardian. A student
30 whose parent or guardian does not give written consent for such
31 teaching so exempted may not be penalized by reason of that
32 withholding of consent exemption. Course descriptions for
33 comprehensive health education may shall not interfere with the
34 local determination of appropriate curriculum which reflects
35 local values and concerns. Each school district shall, on the
36 district’s website homepage, notify parents of this right and
37 the process to request an exemption. The home page must include
38 a link for a student’s parent to access and review the
39 instructional materials, as defined in s. 1006.29(2), used to
40 teach the curriculum.
41 Section 2. Paragraph (d) of subsection (3) of section
42 1002.20, Florida Statutes, is amended to read:
43 1002.20 K-12 student and parent rights.—Parents of public
44 school students must receive accurate and timely information
45 regarding their child’s academic progress and must be informed
46 of ways they can help their child to succeed in school. K-12
47 students and their parents are afforded numerous statutory
48 rights including, but not limited to, the following:
49 (3) HEALTH ISSUES.—
50 (d) Reproductive health and disease education.—A public
51 school student may be exposed to whose parent makes written
52 request to the school principal shall be exempted from the
53 teaching of reproductive health or any sexually transmitted
54 disease, including HIV/AIDS, only in accordance with s.
55 1003.42(3). Each school district shall, on the district’s
56 website homepage, notify parents of the right to provide or
57 withhold consent to such instruction this right and the process
58 to request an exemption. The homepage must include a link for a
59 student’s parent to access and review the instructional
60 materials, as defined in s. 1006.29(2), used to teach the
61 curriculum.
62 Section 3. Paragraphs (d) and (f) of subsection (1) of
63 section 1014.05, Florida Statutes, are amended to read:
64 1014.05 School district notifications on parental rights.—
65 (1) Each district school board shall, in consultation with
66 parents, teachers, and administrators, develop and adopt a
67 policy to promote parental involvement in the public school
68 system. Such policy must include:
69 (d) Procedures, pursuant to ss. 1002.20(3)(d) and
70 1003.42(3) s. 1002.20(3)(d), for a parent to provide or withhold
71 consent for withdraw his or her minor child to be exposed to
72 from any portion of the school district’s comprehensive health
73 education required under s. 1003.42(2)(n) which that relates to
74 sex education or instruction in any sexually transmitted
75 disease, including acquired immune deficiency syndrome
76 education, or any instruction regarding sexuality if the parent
77 provides a written objection to his or her minor child’s
78 participation. Such procedures must provide for a parent to be
79 notified at least 10 instructional days before in advance of
80 such course content so that he or she may provide or withhold
81 consent for withdraw his or her minor child to be exposed to
82 from those portions of the course.
83 (f) Procedures for a parent to learn about parental rights
84 and responsibilities under general law, including all of the
85 following:
86 1. Pursuant to ss. 1002.20(3)(d) and 1003.42(3) s.
87 1002.20(3)(d), the right to be notified at least 10
88 instructional days before opt his or her minor child out of any
89 portion of the school district’s comprehensive health education
90 required under s. 1003.42(2)(n) which that relates to sex
91 education instruction in any sexually transmitted disease,
92 including acquired immune deficiency syndrome education, or any
93 instruction regarding sexuality.
94 2. A plan to disseminate information, pursuant to s.
95 1002.20(6), about school choice options, including open
96 enrollment.
97 3. In accordance with s. 1002.20(3)(b), the right of a
98 parent to exempt his or her minor child from immunizations.
99 4. In accordance with s. 1008.22, the right of a parent to
100 review statewide, standardized assessment results.
101 5. In accordance with s. 1003.57, the right of a parent to
102 enroll his or her minor child in gifted or special education
103 programs.
104 6. In accordance with s. 1006.28(2)(a)1., the right of a
105 parent to inspect school district instructional materials.
106 7. In accordance with s. 1008.25, the right of a parent to
107 access information relating to the school district’s policies
108 for promotion or retention, including high school graduation
109 requirements.
110 8. In accordance with s. 1002.20(14), the right of a parent
111 to receive a school report card and be informed of his or her
112 minor child’s attendance requirements.
113 9. In accordance with s. 1002.23, the right of a parent to
114 access information relating to the state public education
115 system, state standards, report card requirements, attendance
116 requirements, and instructional materials requirements.
117 10. In accordance with s. 1002.23(4), the right of a parent
118 to participate in parent-teacher associations and organizations
119 that are sanctioned by a district school board or the Department
120 of Education.
121 11. In accordance with s. 1002.222(1)(a), the right of a
122 parent to opt out of any district-level data collection relating
123 to his or her minor child not required by law.
124 Section 4. This act shall take effect July 1, 2022.