Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1288
Ì725164)Î725164
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Grall) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 49 - 146
4 and insert:
5 Section 2. Paragraph (c) of subsection (8) of section
6 1001.42, Florida Statutes, is amended to read:
7 1001.42 Powers and duties of district school board.—The
8 district school board, acting as a board, shall exercise all
9 powers and perform all duties listed below:
10 (8) STUDENT WELFARE.—
11 (c)1. In accordance with the rights of parents enumerated
12 in ss. 1002.20 and 1014.04, adopt procedures for notifying a
13 student’s parent if there is a change in the student’s services
14 or monitoring related to the student’s mental, emotional, or
15 physical health or well-being and the school’s ability to
16 provide a safe and supportive learning environment for the
17 student. The procedures must reinforce the fundamental right of
18 parents to make decisions regarding the upbringing and control
19 of their children by requiring school district personnel to
20 encourage a student to discuss issues relating to his or her
21 well-being with his or her parent or to facilitate discussion of
22 the issue with the parent. The procedures may not prohibit
23 parents from accessing any of their student’s education and
24 health records created, maintained, or used by the school
25 district, as required by s. 1002.22(2).
26 2. A school district may not adopt procedures or student
27 support forms that prohibit school district personnel from
28 notifying a parent about his or her student’s mental, emotional,
29 or physical health or well-being, or a change in related
30 services or monitoring, or that encourage or have the effect of
31 encouraging a student to withhold from a parent such
32 information. School district personnel may not discourage or
33 prohibit parental notification of and involvement in critical
34 decisions affecting a student’s mental, emotional, or physical
35 health or well-being. This subparagraph does not prohibit a
36 school district from adopting procedures that permit school
37 personnel to withhold such information from a parent if a
38 reasonably prudent person would believe that disclosure would
39 result in abuse, abandonment, or neglect, as those terms are
40 defined in s. 39.01.
41 3. Classroom instruction by school personnel or third
42 parties on sexual orientation or gender identity may not occur
43 in prekindergarten through grade 8, except when required by ss.
44 1003.42(2)(o)3. and 1003.46. If such instruction is provided in
45 grades 9 through 12, the instruction must be age-appropriate or
46 developmentally appropriate for students in accordance with
47 state standards. This subparagraph applies to charter schools.
48 4. Student support services training developed or provided
49 by a school district to school district personnel must adhere to
50 student services guidelines, standards, and frameworks
51 established by the Department of Education.
52 5. At the beginning of the school year, each school
53 district shall notify parents of each health care service
54 offered at their student’s school and the option to withhold
55 consent or decline any specific service in accordance with s.
56 1014.06. Parental consent to a health care service does not
57 waive the parent’s right to access his or her student’s
58 educational or health records or to be notified about a change
59 in his or her student’s services or monitoring as provided by
60 this paragraph.
61 6. Before administering any a student well-being, mental
62 health, or health screening questionnaire or health screening
63 form to a student in kindergarten through grade 12 3, the school
64 district must provide the questionnaire or health screening form
65 to the parent, either electronically or in paper form, and
66 notify the parent of the date or time period when the
67 questionnaire or form will be administered. The school district
68 must give the parent an opportunity to opt his or her student
69 out of participation and obtain the permission of the parent.
70 7. Each school district shall adopt procedures for a parent
71 to notify the principal, or his or her designee, regarding
72 concerns under this paragraph at his or her student’s school and
73 the process for resolving those concerns within 7 calendar days
74 after notification by the parent.
75 a. At a minimum, the procedures must require that within 30
76 days after notification by the parent that the concern remains
77 unresolved, the school district must either resolve the concern
78 or provide a statement of the reasons for not resolving the
79 concern.
80 b. If a concern is not resolved by the school district, a
81 parent may:
82 (I) Request the Commissioner of Education to appoint a
83 special magistrate who is a member of The Florida Bar in good
84 standing and who has at least 5 years’ experience in
85 administrative law. The special magistrate shall determine facts
86 relating to the dispute over the school district procedure or
87 practice, consider information provided by the school district,
88 and render a recommended decision for resolution to the State
89 Board of Education within 30 days after receipt of the request
90 by the parent. The State Board of Education must approve or
91 reject the recommended decision at its next regularly scheduled
92 meeting that is more than 7 calendar days and no more than 30
93 days after the date the recommended decision is transmitted. The
94 costs of the special magistrate shall be borne by the school
95 district. The State Board of Education shall adopt rules,
96 including forms, necessary to implement this subparagraph.
97 (II) Bring an action against the school district to obtain
98 a declaratory judgment that the school district procedure or
99 practice violates this paragraph and seek injunctive relief. A
100 court may award damages and shall award reasonable attorney fees
101 and court costs to a parent who receives declaratory or
102 injunctive relief.
103 c. Each school district shall adopt and post on its website
104 policies to notify parents of the procedures required under this
105 subparagraph.
106 d. Nothing contained in this subparagraph shall be
107 construed to abridge or alter rights of action or remedies in
108 equity already existing under the common law or general law.
109 Section 3. Paragraphs (e), (f), and (h) of subsection (1)
110 of section 1014.04, Florida Statutes, are amended, and paragraph
111 (k) is added to that subsection, to read:
112 1014.04 Parental rights.—
113 (1) All parental rights are reserved to the parent of a
114 minor child in this state without obstruction or interference
115 from the state, any of its political subdivisions, any other
116 governmental entity, or any other institution, including, but
117 not limited to, all of the following rights of a parent of a
118 minor child in this state:
119 (e) The right to make health care decisions for his or her
120 minor child, unless:
121 1. The parent is the subject of an investigation of a crime
122 committed against the minor child;
123 2. The child has been maintained in an out-of-home
124 placement by the Department of Children and Families and the
125 department has a child examined for injury, illness, and
126 communicable diseases and to determine the need for
127 immunization;
128 3. The child is authorized by law to make the specific
129 health care decisions for himself or herself as provided in ss.
130 743.01, 743.015, 743.06, 743.065, 743.066, and 743.067;
131 4. A parent cannot be located and another person is
132 authorized by law to make the health care decisions as provided
133 in s. 743.0645;
134 5. Circumstances exist which satisfy the requirements of
135 law for a parent’s implied consent to medical care and treatment
136 of the child as provided in s. 383.50; or
137 6. A court order provides otherwise prohibited by law.
138 (f) The right to access and review all medical records of
139 his or her minor child, unless prohibited by law or if the
140 parent is the subject of an investigation of a crime committed
141 against the minor child and a law enforcement agency or official
142 requests that the information not be released.
143 (h) The right to consent in writing before any record of
144 his or her minor child’s blood or deoxyribonucleic acid (DNA) is
145 created, stored, or shared, except as required by s. 943.325 or
146 s. 943.326 general law or authorized pursuant to a court order.
147 (k) The right to consent in writing to the use of a
148 biofeedback device on his or her minor child. As used in this
149 paragraph, the term “biofeedback device” means an instrument or
150 a sensor used to measure bodily functions, such as heart rate
151 variability, brain waves, or breathing rate, outside of a health
152 care facility or provider’s office, for the purpose of improving
153 performance. If the parent consents to the use of the device,
154 all results must be provided to the parent and must otherwise be
155 held as a confidential medical record.
156 Section 4. Subsections (1) and (2) of section 1014.06,
157 Florida Statutes, are amended to read:
158 1014.06 Parental consent for health care services.—
159 (1) Except as otherwise provided for emergency medical care
160 under s. 743.064 or s. 1014.04(1)(e), emergency behavioral
161 health care under s. 394.463(1) or s. 397.675, or by court order
162 law, a health care practitioner, as defined in s. 456.001, or an
163 individual employed by such health care practitioner may not
164 provide or solicit or arrange to provide health care services or
165 prescribe medicinal drugs to a minor child without first
166 obtaining written parental consent.
167 (2) Except as otherwise provided for emergency medical care
168 under s. 743.064, s. 1014.04(1)(e) by law or by a court order, a
169 provider, as defined in s. 408.803, may not allow a medical
170 procedure to be performed on a minor child in its facility
171 without first obtaining written parental consent.
172
173 ================= T I T L E A M E N D M E N T ================
174 And the title is amended as follows:
175 Delete lines 4 - 22
176 and insert:
177 treatment for certain diseases; amending s. 1001.42,
178 F.S.; requiring a school district to provide parents
179 with specified information before the district
180 administers certain questionnaires or forms to
181 students; requiring a school district to give a parent
182 an opportunity to opt his or her student out of such
183 questionnaire or form; amending s. 1014.04, F.S.;
184 revising exceptions for certain parental rights;
185 creating the parental right to consent in writing to
186 the use of a biofeedback device on a parent’s minor
187 child; defining the term “biofeedback device”;
188 requiring that the results from the use of such device
189 be provided to a parent; requiring that such results
190 be held as a confidential medical record; amending s.
191 1014.06, F.S.; revising exceptions for specified
192 requirements of parental consent;