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.