Florida Senate - 2025 SB 370 By Senator Sharief 35-01130-25 2025370__ 1 A bill to be entitled 2 An act relating to health screenings for K-12 3 students; amending ss. 1001.42 and 1014.06, F.S.; 4 authorizing specified screening to be performed on K 5 12 students after written parental notification of 6 such services is provided and the student’s parents 7 are given specified opportunities; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (c) of subsection (8) of section 13 1001.42, Florida Statutes, is amended to read: 14 1001.42 Powers and duties of district school board.—The 15 district school board, acting as a board, shall exercise all 16 powers and perform all duties listed below: 17 (8) STUDENT WELFARE.— 18 (c)1. In accordance with the rights of parents enumerated 19 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 20 student’s parent if there is a change in the student’s services 21 or monitoring related to the student’s mental, emotional, or 22 physical health or well-being and the school’s ability to 23 provide a safe and supportive learning environment for the 24 student. The procedures must reinforce the fundamental right of 25 parents to make decisions regarding the upbringing and control 26 of their children by requiring school district personnel to 27 encourage a student to discuss issues relating to his or her 28 well-being with his or her parent or to facilitate discussion of 29 the issue with the parent. The procedures may not prohibit 30 parents from accessing any of their student’s education and 31 health records created, maintained, or used by the school 32 district, as required by s. 1002.22(2). 33 2. A school district may not adopt procedures or student 34 support forms that prohibit school district personnel from 35 notifying a parent about his or her student’s mental, emotional, 36 or physical health or well-being, or a change in related 37 services or monitoring, or that encourage or have the effect of 38 encouraging a student to withhold from a parent such 39 information. School district personnel may not discourage or 40 prohibit parental notification of and involvement in critical 41 decisions affecting a student’s mental, emotional, or physical 42 health or well-being. This subparagraph does not prohibit a 43 school district from adopting procedures that permit school 44 personnel to withhold such information from a parent if a 45 reasonably prudent person would believe that disclosure would 46 result in abuse, abandonment, or neglect, as those terms are 47 defined in s. 39.01. 48 3. Classroom instruction by school personnel or third 49 parties on sexual orientation or gender identity may not occur 50 in prekindergarten through grade 8, except when required by ss. 51 1003.42(2)(o)3. and 1003.46. If such instruction is provided in 52 grades 9 through 12, the instruction must be age-appropriate or 53 developmentally appropriate for students in accordance with 54 state standards. This subparagraph applies to charter schools. 55 4. Student support services training developed or provided 56 by a school district to school district personnel must adhere to 57 student services guidelines, standards, and frameworks 58 established by the Department of Education. 59 5. At the beginning of the school year, each school 60 district shall notify parents of each health care service 61 offered at their student’s school and the option to withhold 62 consent or decline any specific service in accordance with s. 63 1014.06. Screening, as defined in s. 381.0056(2), may be 64 performed after the student’s parent has been given written 65 notice of such services and the reasonable opportunity to deny 66 consent or opt his or her student out of such services. Parental 67 consent to a health care service does not waive the parent’s 68 right to access his or her student’s educational or health 69 records or to be notified about a change in his or her student’s 70 services or monitoring as provided by this paragraph. 71 6. Before administering a student well-being questionnaire 72 or health screening form to a student in kindergarten through 73 grade 3, the school district must provide the questionnaire or 74 health screening form to the parent and obtain the permission of 75 the parent. 76 7. Each school district shall adopt procedures for a parent 77 to notify the principal, or his or her designee, regarding 78 concerns under this paragraph at his or her student’s school and 79 the process for resolving those concerns within 7 calendar days 80 after notification by the parent. 81 a. At a minimum, the procedures must require that within 30 82 days after notification by the parent that the concern remains 83 unresolved, the school district must either resolve the concern 84 or provide a statement of the reasons for not resolving the 85 concern. 86 b. If a concern is not resolved by the school district, a 87 parent may: 88 (I) Request the Commissioner of Education to appoint a 89 special magistrate who is a member of The Florida Bar in good 90 standing and who has at least 5 years’ experience in 91 administrative law. The special magistrate shall determine facts 92 relating to the dispute over the school district procedure or 93 practice, consider information provided by the school district, 94 and render a recommended decision for resolution to the State 95 Board of Education within 30 days after receipt of the request 96 by the parent. The State Board of Education must approve or 97 reject the recommended decision at its next regularly scheduled 98 meeting that is more than 7 calendar days and no more than 30 99 days after the date the recommended decision is transmitted. The 100 costs of the special magistrate shall be borne by the school 101 district. The State Board of Education shall adopt rules, 102 including forms, necessary to implement this subparagraph. 103 (II) Bring an action against the school district to obtain 104 a declaratory judgment that the school district procedure or 105 practice violates this paragraph and seek injunctive relief. A 106 court may award damages and shall award reasonable attorney fees 107 and court costs to a parent who receives declaratory or 108 injunctive relief. 109 c. Each school district shall adopt and post on its website 110 policies to notify parents of the procedures required under this 111 subparagraph. 112 d. Nothing contained in this subparagraph shall be 113 construed to abridge or alter rights of action or remedies in 114 equity already existing under the common law or general law. 115 Section 2. Section 1014.06, Florida Statutes, is amended to 116 read: 117 1014.06 Parental consent for health care services.— 118 (1) Except as otherwise provided by law, a health care 119 practitioner, as defined in s. 456.001, or an individual 120 employed by such health care practitioner may not provide or 121 solicit or arrange to provide health care services or prescribe 122 medicinal drugs to a minor child without first obtaining written 123 parental consent. 124 (2) Except as otherwise provided by law or a court order, a 125 provider, as defined in s. 408.803, may not allow a medical 126 procedure to be performed on a minor child in its facility 127 without first obtaining written parental consent. However, for a 128 student enrolled in a public school in this state, screening, as 129 defined in s. 381.0056(2), may be performed after the minor 130 child’s parents have been given written notice of such services 131 and the reasonable opportunity to deny consent or opt out his or 132 her minor child from such services. 133 (3) This section does not apply to an abortion, which is 134 governed by chapter 390. 135 (4) This section does not apply to services provided by a 136 clinical laboratory, unless the services are delivered through a 137 direct encounter with the minor at the clinical laboratory 138 facility. For purposes of this subsection, the term “clinical 139 laboratory” has the same meaning as provided in s. 483.803. 140 (5) A health care practitioner or other person who violates 141 this section is subject to disciplinary action pursuant to s. 142 408.813 or s. 456.072, as applicable, and commits a misdemeanor 143 of the first degree, punishable as provided in s. 775.082 or s. 144 775.083. 145 Section 3. This act shall take effect July 1, 2025.