Florida 2022 2022 Regular Session

Florida House Bill H1557 Introduced / Bill

Filed 01/11/2022

                       
 
HB 1557  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1557-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to parental rights in education; 2 
amending s. 1001.42, F.S.; requiring district school 3 
boards to adopt procedures that comport with certain 4 
provisions of law for notifying a student's parent of 5 
specified information; requiring such procedure s to 6 
reinforce the fundamental right of parents to make 7 
decisions regarding the upbringing and control of 8 
their children in a specified manner; prohibiting the 9 
procedures from prohibiting a parent from accessing 10 
certain records; providing construction; pro hibiting a 11 
school district from adopting procedures or student 12 
support forms that require school district personnel 13 
to withhold from a parent specified information or 14 
that encourage or have the effect of encouraging a 15 
student to withhold from a parent such information; 16 
providing an exception; prohibiting school district 17 
personnel from discouraging or prohibiting parental 18 
notification and involvement in critical decisions 19 
affecting a student's mental, emotional, or physical 20 
well-being; prohibiting a school d istrict from 21 
encouraging classroom discussion about sexual 22 
orientation or gender identity in primary grade levels 23 
or in a specified manner; authorizing a parent to 24 
bring an action against a school district to obtain a 25     
 
HB 1557  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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declaratory judgment that a school dis trict procedure 26 
or practice violates certain provisions of law; 27 
providing for the additional award of injunctive 28 
relief, damages, and reasonable attorney fees and 29 
court costs to certain parents; requiring certain 30 
training developed or provided by a school district to 31 
adhere to standards established by the Department of 32 
Education; requiring the department to review and 33 
update, as necessary, specified materials by a certain 34 
date; providing an effective date. 35 
  36 
Be It Enacted by the Legislature of the Stat e of Florida: 37 
 38 
 Section 1.  Paragraph (c) is added to subsection (8) of 39 
section 1001.42, Florida Statutes, to read: 40 
 1001.42  Powers and duties of district school board. —The 41 
district school board, acting as a board, shall exercise all 42 
powers and perform all duties listed below: 43 
 (8)  STUDENT WELFARE. — 44 
 (c)1.  In accordance with the rights of parents enumerated 45 
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 46 
student's parent if there is a change in the student's services 47 
or monitoring related to the student's mental, emotional, or 48 
physical health or well -being and the school's ability to 49 
provide a safe and supportive learning environment for the 50     
 
HB 1557  	2022 
 
 
 
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student. The procedures must reinforce the fundamental right of 51 
parents to make decisions regarding the upbringing and control 52 
of their children by requiring school district personnel to 53 
encourage a student to discuss issues relating to his or her 54 
well-being with his or her parent or to seek permission to 55 
discuss or facilitate discussion of the issue wit h the parent. 56 
The procedures must comply with s. 1002.22(2) and may not 57 
prohibit a parent from accessing any of his or her minor child's 58 
education records created, maintained, or used by the school 59 
district. This paragraph does not limit or alter any oblig ation 60 
of school district personnel to report suspected abuse, 61 
abandonment, or neglect, as those terms are defined in s. 39.01. 62 
 2.  A school district may not adopt procedures or student 63 
support forms that require school district personnel to withhold 64 
from a parent information about his or her student's mental, 65 
emotional, or physical health or well -being, or a change in 66 
related services or monitoring, or that encourage or have the 67 
effect of encouraging a student to withhold from a parent such 68 
information, unless a reasonably prudent person would believe 69 
that such disclosure would result in abuse, abandonment, or 70 
neglect, as those terms are defined in s. 39.01. School district 71 
personnel may not discourage or prohibit parental notification 72 
of and involvement in critical decisions affecting a student's 73 
mental, emotional, or physical health or well -being. 74 
 3.  A school district may not encourage classroom 75     
 
HB 1557  	2022 
 
 
 
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discussion about sexual orientation or gender identity in 76 
primary grade levels or in a manner that is not age -appropriate 77 
or developmentally appropriate for students. 78 
 4.  A parent of a student may bring an action against a 79 
school district to obtain a declaratory judgment that a school 80 
district procedure or practice violates this paragraph and seek 81 
injunctive relief. A court may award damages and shall award 82 
reasonable attorney fees and court costs to a parent who 83 
receives declaratory or injunctive relief. 84 
 5.  Student support services training developed or provided 85 
by a school district to school district personnel must adhere to 86 
student services guidelines, standards, and frameworks 87 
established by the Department of Education. 88 
 Section 2.  By June 30, 2023, the Department of Education 89 
shall review and update, as necessary, school counseling 90 
frameworks and standard s; educator practices and professional 91 
conduct principles; and any other student services personnel 92 
guidelines, standards, or frameworks in accordance with the 93 
requirements of this act. 94 
 Section 3.  This act shall take effect July 1, 2022. 95